20.5.2009 Official Journal of the European Union L 124/3 COMMISSION REGULATION (EC) No 411/2009 of 18 May 2009 amending Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ('), and in particular Article 22(3) and Article 24(2), Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and intro- duction of products of animal origin for human consumption (%), and in particular Article 9(2)(b) thereof, Whereas: (1)  Commission Regulation (EC) No 798/2008 () lays down veterinary certification requirements for imports into, and transit through, the Community of poultry and certain poultry products. It provides that the commodities covered by that Regulation (the commodities’) are only to be imported into, and transit through, the Community from third countries, territories, zones or compartments which are free from disease and are listed in the table in Part 1 of Annex I thereto. In addition, model veterinary certificates are set out in Part 2 of that Annex. Regulation (EC) No 798/2008 also provides that where examination, sampling and testing for certain diseases are required for imports of the commodities, they are to be carried out in accordance with Annex III thereto. (2)  Article 7 of Regulation (EC) No 798/2008 provides that the commodities may only be imported into the Community where the third country informs the Commission of any initial outbreaks of Newcastle Disease or highly pathogenic avian influenza (HPAI) and submits virus isolates to the Community reference laboratory for avian influenza and Newcastle disease. (3)  Where an outbreak of avian influenza is detected on the territory of a third country, or a zone or compartment(s) OJ L 303, 31.10.1990, p. 6. () OJ L 18, 23.1.2003, p. 11. () OJ L 226, 23.8.2008, p. 1. thereof, the competent authority of that third country may no longer certify that its territory, zone or compartment(s) thereof, as listed in Part 1 of Annex I to Regulation (EC) No 798/2008, is free from that disease. (4)  In the interests of animal health and the prevention and monitoring of low pathogenic avian influenza (LPAI) at Community level, it is appropriate that initial outbreaks of that disease be reported to the Commission. Article 7 of Regulation (EC) 798/2008 should therefore be amended accordingly. (5)  Canada has demonstrated its capability to respond to outbreaks of LPAI in poultry holdings on its territory and to successfully prevent the spread of infection. (6)  Canada has also provided the Commission with detailed information on the epidemiological situation and the disease control measures taken by it, including a description of the areas placed under official restrictions in relation to outbreaks of LPAL (7)  Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (*) approved that Agreement, which provides that each Party to it is to recognise a sanitary measure of the other Party as equivalent if the latter objectively demonstrates that its measure achieves the appropriate level of protection. (8)  In view of that Agreement and the disease control system put in place in Canada, it is appropriate to apply alter- native certification provisions for day-old chicks and hatching eggs originating from areas outside those placed under official restrictions for LPAL Accordingly, the model veterinary certificates for day-old chicks other than ratites and hatching eggs of poultry other than ratites should be amended to allow for alternative certi- fication provisions for Canada in the case of future outbreaks of LPAL (4 OJ L 71, 18.3.1999, p. 1.