L_2006329EN.01002601.xml

COMMISSION DECISION

of 17 November 2006

amending Decision 2005/432/EC laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC

(notified under document number C(2006) 5444)

(Text with EEA relevance)

(2006/801/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 Article 8(4), Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

Whereas:

(1)	Certain references to definitions in Commission Decision 2005/432/EC (3) should be updated.

(2)

Since Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, are now applicable, it is necessary to amend and update Community health conditions and certification requirements for the importation into the Community of meat products derived from domestic bovines, porcines, ovines, caprines, solipeds, poultry, farmed game, domestic rabbits and wild game.

(3)	The model health certificate should be amended in order to facilitate the operation of Traces established in accordance with Commission Decision 2003/623/EC of 19 August 2003 concerning the development of an integrated computerised veterinary system known as Traces (4).

(4)	It is appropriate to provide for a transitional period during which certificates issued under the former rules may continue to be used.

(5)	Decision 2005/432/EC should therefore be amended accordingly.

(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,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/432/EC is amended as follows:

Articles 2 and 3 are replaced by the following:

‘Article 2

Definition of meat products

For the purposes of this Decision, the definition of meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004 shall apply.

Article 3

Conditions concerning species and animals

Member States shall ensure that consignments of meat products imported into the Community are derived from meat or meat products from the following species or animals:

(a)	domestic poultry of the following species: domestic fowl, turkeys, guinea fowl, geese and ducks;

(b)	domestic animals of the following species: bovine animals, including Bubalus bubalis and Bison bison, swine, sheep, goats and solipeds;

(c)	farmed game and domestic rabbits as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004;

(d)	wild game as defined in point 1.5 of Annex I to Regulation (EC) No 853/2004.’

2.	Annex III is replaced by the text in Annex I to this Decision.

3.	Annex IV is replaced by the text in Annex II to this Decision.

Article 2

This Decision shall apply from 1 March 2007.

However, animal and public health certificates issued before the date of application of this Decision may be used until 1 June 2007.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 17 November 2006

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; corrected by OJ L 195, 2.6.2004, p. 12).

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

(3) OJ L 151, 14.6.2005, p. 3. Decision as amended by Decision 2006/330/EC (OJ L 121, 6.5.2006, p. 43).

(4) OJ L 216, 28.8.2003, p. 58.

ANNEX I

‘ANNEX III

(Model animal and public health certificate for meat products intended for consignment to the European Community from third countries)

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COUNTRY

Meat product

II.a. Certificate reference number

II.b.

II.1. Animal Health Attestation

I, the undersigned official veterinarian certify that:

II.1.1. The meat product (1) contains 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 where BOV = domestic bovine animals (Bos Taurus, Bison bison, Bubalus bubalis and their crossbreeds); OVI = domestic sheep (Ovis aries) and goats (Capra hircus); EQI = domestic equine animals (Equus caballus, Equus asinus and their crossbreeds), 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 2005/432/EC.

(C) Insert the ISO code of the country of origin and, in the case of regionalization by Community legislation for the relevant meat constituents, the region as indicated in Part 1 of Annex II to Decision 2005/432/EC. (as last amended).

(2) II.1.2. The meat product described in point II.1.1. has been prepared from fresh meat from domestic bovine animals (Bos Taurus, Bison bison, Bubalus bubalis and their crossbreeds); domestic sheep (Ovis aries) and goats (Capra hircus); domestic equine animals (Equus caballus, Equus asinus and their crossbreeds), 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:

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 2005/432/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 Annex II, Part 2, to Council Decision 79/542/EEC and originates in a third country, or part thereof in the case of regionalisation under Community legislation, as described in the relevant column of part 2 of Annex II to Decision 2005/432/EC] (2).

or [II.1.2.1.1. originates in a Member State of the European Community] (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 Annex II, Part 2, to Council Decision 79/542/EEC 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 Parts 2 or 3 (as appropriate) of Annex II to Commission Decision 2005/432/EC] (2)

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

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 2005/432/EC] and: (2)

either [II.1.3.1.1. satisfies the animal health requirements laid down in Commission Decision 2006/696/EC,] (2)

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

or [II.1.3.1. originates in a third country referred to in Annex II part 1 to Decision 2006/696/EC, comes from a holding not subject to restrictions for Avian Influenza or Newcastle disease 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 Parts 2 or 3 (as appropriate) of Annex II to Decision 2005/432/EC.] (2)

or [II.1.3.1. originates in a third country referred to in Annex II part 1 to Decision 2006/696/EC, comes from a holding not subject to restrictions for Avian Influenza or Newcastle disease 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 referred to in points B, C or D in Part 4 of Annex II to Decision 2005/432/EC, provided that such treatment is more severe than that indicated in Parts 2 and 3 of Annex II to that Decision.]

Part II: Certification

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(2) [II.1.4. in the case of meat products derived from fresh meat from lagomorphs and other land mammals:

satisfies the relevant animal health and public health requirements laid down in Commission Decision 2000/585/EC and has not come from a holding 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:

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 2005/432/EC]

or (2) 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 Commission Decision 2005/432/EC;]

or (2) 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 2005/432/EC]; (2)

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 which have been recognised in accordance with Article 12 of Council Directive 90/539/EEC, 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 178/2002, (EC) No 852/2004, (EC) No 853/2004 and (EC) No 999/2001 and certify that the meat products described above were produced in accordance with those requirementq, in particular that:

II.2.1. they come from (an) establishment(s) implementing a programme based on the HACCP principles in accordanc e 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;

II.2.3.1 (2) 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 Commission Regulation (EC) No 2075/2005;

II.2.3.2 (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 Commission Regulation (EC) No 2075/2005;

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

II.2.5. the label 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 Community or, from animals slaughtered in a slaughterhouse specially for the delivery of meat for the required treatment as laid down in Part 2 and 3 of Annex II of Decision 2005/432/EC;

II.2.6. they satisfy the relevant criteria set out in Commission 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 Community;

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II.2.9. if containing material from bovine, ovine or caprine animals, the meat product does not contain and is not derived from:

either (2)

specified risk material as defined in Annex XI, section A, to Regulation (EC) No 999/2001 produced after 31 March 2001, or mechanically recovered meat obtained from bones of bovine, ovine or caprine animals produced after 31 March 2001. After 31 March 2001 the bovine, ovine and caprine animals, from which this product is 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.

bovine, ovine and caprine materials other than those derived from animals born, continuously reared and slaughtered in (3) (4).

Notes

Part I:

Box reference I.8.: region (if appropriate) as appearing in Annex II to Commission Decision 2005/432/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 lorries), 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 HS codes: 02.10, 16.01, 16.02.

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);

‘Nature of commodity’: complete as appropriate

‘Treatment type’: indicate the storage life (dd/mm/yyyy);

‘Abattoir’: any abattoir or ‘game-handling establishment’;

‘Cold store’: any storage facility.

Part II:

(1) Meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004.

(2) Keep as appropriate.

(3) Insert the name of the country

(4) As listed in point 15(b) of Annex XI to Regulation (EC) No 999/2001 as amended

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 capitals): Qualification and title:

Date: Signature:

Stamp:’

ANNEX II

‘ANNEX IV

(Transit and/or storage)

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Part II: Certification

COUNTRY

Meat product for transit and storage

II.a. Certificate reference number

II.b.

II. Animal Health Attestation

I, the undersigned official veterinarian, hereby certify, that the meat product (1) for transit and/or storage (2) described above:

II.1. comes from a country or region authorized for imports into the EC as laid down in Annex II to 2005/432EC at the time of slaughter of the animals from which the meat in the meat product is derived and

II.2. complies with the relevant animal health conditions as laid down in the animal health attestation in the model certificate in Annex III to 2005/432EC

Notes

Part I:

Box reference I.8: region (if appropriate) as appearing in Annex II to Commission Decision 2005/432EC (as last amended).

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

Box reference I.19: use the appropriate HS codes: 02.10, 16.01, 16.02.

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);

‘Nature of commodity’: complete as appropriate

‘Treatment type’: specify the description of the treatment applied as laid down in Annex II to Commission Decision 2005/432EC (as last amended);

‘Abattoir’: any abattoir or “game-handling establishment’;

‘Cold store’: any storage facility.

Part II:

(1) Meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004.

(2) In accordance with Article 12(4) or Article 13 of Council Directive 97/78/EC.

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 capitals):

Qualification and title:

Date:

Signature:

Stamp’