L_2014095EN.01003101.xml

COMMISSION IMPLEMENTING DECISION

of 27 March 2014

amending Decision 2007/777/EC as regards the importation of meat products, treated stomachs, bladders and intestines prepared from fresh meat of domestic poultry, including meat of farmed and wild game birds

(notified under document C(2014) 1904)

(Text with EEA relevance)

(2014/175/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (1), and in particular Article 10(2)(c) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2) and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8, point 4 of Article 8, Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

Whereas:

(1)

Commission Decision 2007/777/EC (3) lays down rules on imports into the Union of consignments of certain meat products for human consumption and treated stomachs, bladders and intestines. That Decision includes the lists of third countries and parts thereof from which such imports are authorised and Annex III thereto sets out the model animal and public health certificate for those commodities intended for consignment to the Union from third countries.

(2)

Commission Regulation (EC) No 798/2008 (4) lays down veterinary certification requirements for imports into and transit though the Union of poultry and poultry products. It provides that the poultry commodities covered by it are only to be imported into and transited through the Union from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto. It also provides such imports are to be accompanied by a veterinary certificate, as referred to in that table, for the poultry commodity concerned, completed in accordance with the notes and the model veterinary certificates set out in Part 2 of that Annex.

(3)

In addition, the model veterinary certificates for meat of poultry (POU), for meat of farmed ratites for human consumption (RAT) and for wild game-bird meat (WGM) set out in Part 2 of Annex I to Regulation (EC) No 798/2008 state that the fresh meat must have been obtained from poultry or ratites coming from establishments which have not been placed under animal health restrictions in connection with any disease to which poultry or ratites are susceptible or from wild game-birds that were killed in territories where within a 10 km radius of which, including, where appropriate, the territory of a neighbouring country, there has been no outbreak of highly pathogenic avian influenza or Newcastle disease for at least the previous 30 days.

(4)

The animal health conditions for the preparation of meat products, treated stomachs, bladders and intestines from fresh meat of domestic poultry, including farmed-game and wild game-birds, laid down in Part II.1.3 of the model animal and public health certificate set out in Annex III to Decision 2007/777/EC, refer to avian influenza and Newcastle disease. However, the model veterinary certificates (POU), (RAT) and (WGM) set out in Part 2 of Annex I to Regulation (EC) No 798/2008 only refer to highly pathogenic avian influenza. It is, therefore, necessary to amend the model animal and public health certificate set out in Annex III to Decision 2007/777/EC in order to align it with the requirements for the fresh meat as laid down in the model veterinary certificates (POU), (RAT) and (WGM) set out in Part 2 of Annex I to Regulation (EC) No 798/2008.

(5)

In addition, the model animal and public health certificate set out in Annex III to Decision 2007/777/EC refers to Council Directive 90/539/EEC (5) which has been replaced by Council Directive 2009/158/EC (6) and to Commission Decision 2006/696/EC (7) which has been replaced by Regulation (EC) No 798/2008. It is, therefore, necessary to update those references.

(6)	Annex III to Decision 2007/777/EC should therefore be amended accordingly.

(7)

To avoid any disruption in trade, the use of animal and public health certificates for certain meat products and treated stomachs, bladders and intestines intended for consignment to the Union from third countries, completed in accordance with the model animal and public health certificate set out in Annex III to Decision 2007/777/EC, before the amendment introduced by this Decision, should continue to be authorised during a transitional period.

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

HAS ADOPTED THIS DECISION:

Article 1

Amendment to Decision 2007/777/EC

Annex III to Decision 2007/777/EC is replaced by the text in the Annex to this Decision.

Article 2

Transitional provisions

For a transitional period until 30 September 2014, the introduction into the Union of consignments of meat products and treated stomachs, bladders and intestines, accompanied by an animal and public health certificate completed in accordance with the model set out in Annex III to Decision 2007/777/EC, in its version prior to the amendment made by Article 1 of this Decision, shall continue to be authorised, provided that the animal and public health certificate was signed before 30 July 2014.

Article 3

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 27 March 2014.

For the Commission

Tonio BORG

Member of the Commission

(1) OJ L 62, 15.3.1993, p. 49.

(2) OJ L 18, 23.1.2003, p. 11.

(3) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).

(4) Commission Regulation (EC) No 798/2008 of 8 August 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 (OJ L 226, 23.8.2008, p. 1).

(5) 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 (OJ L 303, 31.10.1990, p. 6).

(6) Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, p. 74).

(7) Commission Decision 2006/696/EC of 28 August 2006 laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification conditions (OJ L 295, 25.10.2006, p. 1).

ANNEX

‘ANNEX III

Model animal health and public health certificate for certain meat products and treated stomachs, bladders and intestines intended for consignment to the European Union from third countries

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COUNTRY

Meat products, treated stomachs, bladders and intestines for import

II.1. Animal health attestation

II.a. Certificate reference number

II.b.

I, the undersigned official veterinarian certify that:

II.1.1. The meat product, treated stomachs, bladders and intestines (1) described in this certificate contain the following meat constituents and meet the criteria indicated below:

Species (A)

Treatment (B)

Origin (C)

(A) Insert the code for the relevant species of meat product, treated stomachs, bladders and intestines where BOV = domestic bovine animals (Bos Taurus, Bison bison, Bubalus bubalis and their crossbreds); OVI = domestic sheep (Ovis aries) and goats (Capra hircus); EQI = domestic equine animals (Equus caballus, Equus asinus and their crossbreds), POR = domestic porcine animals (Sus scrofa); RAB = domestic rabbits, PFG = domestic poultry and farmed feathered game, RUF = farmed non-domestic animals other than suidae and solipeds; RUW = wild non-domestic animals other than suidae and solipeds; SUW = wild non-domestic suidae; EQW = wild non-domestic solipeds; WLP = wild lagomorphs; WGB = wild game birds.

(B) Insert A, B, C, D, E or F for the required treatment as specified and defined in Parts 2, 3 and 4 of Annex II to Decision 2007/777/EC.

(C) Insert the ISO code of the country of origin and, in the case of regionalization by Union legislation for the relevant meat constituents, the region as indicated in Part 1 of Annex II to Decision 2007/777/EC.

(2) II.1.2. The meat product, treated stomachs, bladders and intestines described in point II.1.1 has been prepared from fresh meat from domestic bovine animals (Bos Taurus, Bison bison, Bubalus bubalis and their crossbreds); domestic sheep (Ovis aries) and goats (Capra hircus); domestic equine animals (Equus caballus, Equus asinus and their crossbreds), domestic porcine animals (Sus scrofa); farmed non-domestic animals other than suidae and solipeds; wild non-domestic animals other than suidae and solipeds; wild non- domestic suidae: wild non-domestic solipeds and the fresh meat used in the production of the meat products:

(2) either [II.1.2.1. has undergone a non-specific treatment as specified and defined under point A in Part 4 of Annex II to Decision 2007/777/EC and:

(2) either[II.1.2.1.1.satisfies the relevant animal and public health requirements laid down in the appropriate health certificate(s) in Part 2 of Annex II to Regulation (EU) No 206/2010 and originates in a third country, or part thereof in the case of regionalisation under Union legislation, as described in the relevant column of Part 2 of Annex II to Decision 2007/777/EC].

(2) or [II.1.2.1.1. originates in a Member State of the European Union].

(2) or [II.1.2.1. meets any requirements agreed under Directive 2002/99/EC, is derived from animals coming from a holding not subject to restrictions for the specific diseases mentioned in the appropriate health certificate(s) in in Part 2 of Annex II to Regulation (EU) No 206/2010 and within a 10 km radius of which no outbreaks of such diseases have occurred in the last 30 days and has undergone the specific treatment laid down for the third country of origin or part thereof for the meat of the species concerned in Part 2 or 3, as appropriate, of Annex II to Decision 2007/777/EC].

(2) II.1.3. The meat product, treated stomachs, bladders and intestines described under point II.1.1 has been prepared from fresh meat of domestic poultry, including farmed or wild game birds, that:

(2) either [II.1.3.1. has undergone a non-specific treatment as specified and defined under point A in Part 4 of Annex II to Decision 2007/777/EC] and:

(2) either [II.1.3.1.1. satisfies the animal health requirements laid down in Regulation (EC) No 798/2008,]

(2) or [II.1.3.1.1. originates in a Member State of the European Union satisfying the requirements of Article 3 of Directive 2002/99/EC,]

Part II: Certification

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COUNTRY

Meat products, treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

(2) or [II.1.3.1. originates in a third country referred to in Annex I Part 1 to Regulation (EC) No 798/2008, comes from holdings or in the case of wild game-birds killed in territories where within a 10 km radius, including, where appropriate, the territory of a neighbouring country, there has been no outbreak of highly pathogenic avian influenza or Newcastle disease for at least the previous 30 days and has undergone the specific treatment laid down for the third country of origin or part thereof for the meat of the species concerned in Parts 2 or 3, as appropriate, of Annex II to Decision 2007/777/EC,]

(2) or [II.1.3.1. originates in a third country referred to in Annex I Part 1 to Regulation (EC) No 798/2008, comes from holdings or in the case of wild game-birds killed in territories, where within a 10 km radius, including, where appropriate, the territory of a neighbouring country, there has been no outbreak of highly pathogenic avian influenza or Newcastle disease for at least the previous 30 days and has undergone the specific treatment referred to in points B, C or D in Part 4 of Annex II to Decision 2007/777/EC, provided that such treatment is more severe than that indicated in Parts 2 and 3 of Annex II to that Decision.]

(2) [II.1.4. in the case of meat product, treated stomachs, bladders and intestines derived from fresh meat from lagomorphs and other land mammals:

satisfies the relevant animal health and public health requirements laid down in Regulation (EC) No 119/2009 and has come from a holding not subject to restrictions for animal diseases affecting the animals concerned within a 10 km radius of which no outbreaks of such diseases have occurred in the last 30 days.]

II.1.5. the meat product, treated stomachs, bladders and intestines:

(2) either II.1.5.1. [consists of meat and/or meat products derived from a single species, and has undergone the treatment satisfying the relevant conditions laid down in Annex II to Decision 2007/777/EC,]

(2) or II.1.5.1. [consists of meat of more than one species and, after such meat has been mixed, the entire product has subsequently undergone a treatment at least as severe as that required for the meat components of the meat product as laid down in Annex II to Decision 2007/777/EC,]

(2) or II.1.5.1. [has been prepared from meat of more than one species and each meat component has previously undergone a treatment prior to mixing which meets the relevant treatment requirements for meat of that species as laid down in Annex II to Decision 2007/777/EC];

II.1.6. after treatment all precautions to avoid contamination have been taken

(2) [II.1.7. Additional guarantees:

in the case of poultry meat products which have not undergone a specific treatment and are destined for Member States or regions thereof, the status of which have been established as Newcastle disease non-vaccinating in accordance with Article 15 of Directive 2009/158/EC, the poultry meat was derived from poultry which had not been vaccinated with a live vaccine against Newcastle disease within 30 days prior to slaughter;]

(2) II.2. Public health attestation

I, the undersigned, declare that I am aware of the relevant provisions of Regulations (EC) No 999/2001, (EC) No178/2002, (EC) No 852/2004 and (EC) No 853/2004 and certify that the meat products, treated stomachs, bladders and intestines described above were produced in accordance with those requirements, in particular that:

II.2.1. they come from (an) establishment(s) implementing a programme based on the HACCP principles in accordance with Regulation (EC) No 852/2004;

II.2.2. they have been produced from raw material which met the requirements of Sections I to VI of Annex III to Regulation (EC) No 853/2004;

(2) II.2.3.1. the meat products have been obtained from domestic pig meat which either has been subject to an examination for trichinosis with negative results or has been subjected to a cold treatment in accordance with Regulation (EC) No 2075/2005;

(2) II.2.3.2. the meat products have been obtained from horse meat or wild boar meat which has been subject to an examination for trichinosis with negative results in accordance with Regulation (EC) No 2075/2005;

(2) II.2.3.3. the treated stomachs, bladders and intestines have been produced in accordance with Section XIII of Annex III to Regulation (EC) No 853/2004.

II.2.4. they have been marked with an identification mark in accordance with Section I of Annex II to Regulation (EC) No 853/2004;

II.2.5. the label(s) affixed on the packaging of meat products described above, bear(s) a mark to the effect that the meat products come wholly from fresh meat from animals slaughtered in slaughterhouses approved for exporting to the European Union or, from animals slaughtered in a slaughterhouse specially for the delivery of meat for the required treatment as laid down in Parts 2 and 3 of Annex II to Decision 2007/777/EC;

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COUNTRY

Meat products, treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

II.2.6. they satisfy the relevant criteria set out in Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs;

II.2.7. the guarantees covering live animals and products thereof provided by the residue plans submitted in accordance with Directive 96/23/EC, and in particular Article 29 thereof, are fulfilled;

II.2.8. the means of transport and the loading conditions of meat products of this consignment meet the hygiene requirements laid down in respect of export to the European Union;

II.2.9. if containing material from bovine, ovine or caprine animals, the fresh meat and/or intestines used in the preparation of the meat products and/or treated intestines shall be subject to the following conditions depending on the BSE risk category of the country of origin:

(2) II.2.9.1. for imports from a country or a region with a negligible BSE risk as listed in Annex to Decision 2007/453/EC as amended:

(1) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a negligible BSE risk;

(2) the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country with negligible BSE risk and passed ante mortem and post-mortem inspections;

(2) (3) if in the country or region there have been BSE indigenous cases:

either

(2) (a) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced, or

(2) (b) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.

(2) II.2.9.2. for imports from a country or a region with a controlled BSE risk as listed in Annex to Decision 2007/453/EC as amended:

(1) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a controlled BSE risk;

(2) the animals from which the products of bovine, ovine and caprine animal origin were derived passed ante mortem and post-mortem inspections;

(3) animals from which the products of bovine, ovine and caprine animal origin destined for export were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

(2)(3) (4) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.

(2)(4) (5) in the case of intestines originally sourced from a country or a region with a negligible BSE risk, imports of treated intestines shall be subject to the following conditions:

(a) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a controlled BSE risk;

(b) the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante mortem and post-mortem inspections;

(2) (c) if the intestines are sourced from a country or region where there have been BSE indigenous cases:

either

(2) (i) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced; or

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COUNTRY

Meat products, treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

(2) (ii) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001.

(2) II.2.9.3. for imports from a country or a region with an undetermined BSE risk as listed in Annex to Decision 2007/453/EC:

(1) the animals from which the products of bovine, ovine and caprine animal origin were derived have not been fed meat-and-bone meal or greaves derived from ruminants and passed ante mortem and post-mortem inspections;

(2) the animals from which the products of bovine, ovine and caprine animal origin were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

(2)(5) (3) the products of bovine, ovine and caprine animal origin are not derived from:

(i) specified risk material as defined in Annex V to Regulation (EC) No 999/2001;

(ii) nervous and lymphatic tissues exposed during the deboning process;

(iii) mechanically separated meat obtained from bones of bovine, ovine or caprine animals.

(2)(4) (4) in the case of intestines originally sourced from a country or a region with a negligible BSE risk, imports of treated intestines shall be subject to the following conditions:

(a) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing an undetermined BSE risk;

(2) (c) if the intestines are sourced from a country or region where there have been BSE indigenous cases:

either

(2) (i) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced; or

(2) (ii) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001.

Notes

Part I:

Box reference I.8.: region (if appropriate) as appearing in Annex II to Decision 2007/777/EC (as last amended).

Box reference I.11: Place of origin: name and address of the dispatch establishment.

Box reference I.15: Registration number (railway wagons or container and road vehicle), flight number (aircraft) or name (ship). Separate information is to be provided in the event of unloading and reloading.

Box reference I.19: Use the appropriate Harmonised System (HS) code under the following headings: 02.10, 16.01, 16.02 and 05. 04.

Box reference I.23: Identification of container/Seal number: only where applicable.

Box reference I.28: Species: select among species described in Part II.1.1.(A);

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COUNTRY

Meat products, treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

Nature of commodity: choose among the following: meat product, treated stomachs, bladders and intestines;

Abattoir: approval number of any abattoir or game-handling establishment;

Cold store: any storage facility;

Manufacturing plant: approval number.

Part II:

(1) Meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004 and treated stomachs, bladders and intestines that have undergone one of the treatments laid down in Annex II Part 4 to Decision 2007/777/EC.

(2) Keep as appropriate.

(3) By way of derogation from point 4, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts, and quarters containing no specified risk material other than the vertebral column, including dorsal root ganglia, may be imported.

When removal of the vertebral column is not required, carcasses or wholesale cuts of carcasses of bovine animals containing vertebral column shall be identified by a clearly visible blue stripe on the label referred to in point 11.3(a) of Annex V to Regulation (EC) No 999/2001.

The number of bovine carcasses or wholesale cuts of carcasses, from which removal of the vertebral column is required as well as the number where removal of the vertebral column is not required shall be added to the document referred to Article 2(1) of Regulation (EC) No 136/2004 in case of imports.

(4) Only applicable to imports of treated intestines.

(5) By way of derogation from point 3, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts, and quarters containing no specified risk material other than the vertebral column, including dorsal root ganglia, may be imported.

When removal of the vertebral column is not required, carcasses or wholesale cuts of carcasses of bovine animals containing vertebral column, shall be identified by a clearly visible blue stripe on the label referred to in point 11.3(a) of Annex V to Regulation (EC) No 999/2001.

Specific information on the number of bovine carcasses or wholesale cuts of carcasses, from which removal of the vertebral column is required and from which removal of the vertebral column is not required shall be added to the document referred to in Article 2(1) of Regulation (EC) No 136/2004 in case of imports.

The colour of the signature shall be different to that of the printing. The same rule applies to the stamp other than those embossed or watermarked.

Official veterinarian

Name (in capital letters):

Qualification and title:

Date:

Signature:

Stamp:’