31.12. 93 Official Journal of the European Communities No L 340/35 COUNCIL DIRECTIVE 93/120/EC of 22 December 1993 amending Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (%), Whereas in the light of developments in the poultry industry with larger and more intensive units there is a need to adjust certain aspects of Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (*) to clarify requirements and to simplify their application by Member States; Whereas the Council has adopted Directive 92/66/EEC introducing Community measures for 'the control of Newcastle disease (°) and Directive  92/40/EEC introducing Community measures for the control of avian influenza (%), thus allowing a simplification of Directive 90/539/EEC; Whereas, taking account of the report from the Commission to the Council on the risks of transmission of Newcastle disease and the requirements to be met by Newcastle disease vaccines, provision should be made for certain Member States or regions to be approved as Newcastle disease non-vaccinating, if appropriate; whereas, however, provision should also be made for this Newcastle disease non-vaccinating status to be withdrawn if necessary; Whereas it is necessary to amend the trading rules as applied to third countries to ensure they are equivalent to those applied in Member States, particularly as Newcastle disease and avian influenza, ) O] No C 89, 31. 3. 1993, p. 8. ) O] No C 176, 28. 6. 1993, p. 26. %) O] No C 201, 26. 7. 1993, p. 50. ) O] No L 303, 31. 9. 1990, p. 6. ) O] No L 260, 5. 9. 1992, p. 1. ) O] No L 167, 22. 6. 1992, p. 1. HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 90/539/EEC is hereby amended as follows: 1. Article 2 (3) shall be replaced by the following: ‘3., “day-old chicks” shall mean all poultry less than 72 hours old, not yet fed; however, muscovy ducks (Cairina moschata) or their crosses may be fed;’. 2. Article 2 (7) shall be replaced by the following: 7. “flock” shall mean all poultry of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit. In housed poultry this will include all birds sharing the same airspace;’. 3. Article 2 (9)(c) shall be replaced by the following: ‘(c) rearing establishment: (i) either a breeding poultry rearing establishment which is an establishment which rears breeding poultry prior to the reproductive stage; or {ii) a productive poultry rearing establishment which is an establishment which rears egg-laying productive poultry prior to the laying stage;’. 4. Article 2 (15) shall be deleted. 5. Article 5 shall be replaced by the following: ‘Article § In order to be traded in the Community: (a) hatching eggs, day-old chicks, breeding poultry and productive poultry must satisfy the conditions laid down in Articles 6, 12, 15 and 17. They must also satisfy any conditions laid down pursuant to Articles 13 and 14. In addition: — hatching eggs must satisfy the conditions laid down in Article 7, — day-old chicks must satisfy the conditions laid down in Article 8, — breeding poultry and productive poultry must satisfy the conditions lald down in Article 9;