(1)

Directive 90/539/EEC sets down animal health conditions governing intra-Community trade in poultry and hatching eggs and imports of those products from third countries. Pursuant to that Directive Member States’ plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs are to be approved by the Commission.

(2)

Decision 2004/835/EC of 3 December 2004 approving plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs (2) approved those plans for the present Member States, except for Luxembourg. The Annex to that Decision lists the Member States whose plans have been approved.

(3)

Bulgaria and Romania are due to accede to the Community on 1 January 2007. Accordingly, they have submitted their plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs to the Commission for approval.

(4)

The plans submitted by Bulgaria and Romania and as amended following the suggestions made during their evaluation, fulfil the criteria laid down in Directive 90/539/EEC and, subject to an effective implementation, permit the objectives of that Directive to be attained and should therefore be approved.

(5)

For the sake of clarity of Community legislation, Decision 2004/835/EC should be repealed and replaced by the present Decision.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,