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"B COMMISSION DECISION
of 11 April 2001
on marking and use of certain animal products in relation to Decision 2001/172/EC concerning certain
protection measures with regard to foot-and-mouth disease in the United Kingdom
(notified under document number C(2001) 1114)
(Text with EEA relevance)
(2001/304/EC)
(OJ L 104, 13.4.2001, p. 6)
Amended by:
Official Journal
No page date
"M1 Commission Decision 2001/345/EC of 2 May 2001 L 122 31 3.5.20012001D0304 — EN — 03.05.2001 — 001.001 — 1
COMMISSION DECISION
of 11 April 2001
on marking and use of certain animal products in relation to Decision
2001/172/EC concerning certain protection measures with regard to
foot-and-mouth disease in the United Kingdom
(notified under document number C(2001) 1114)
(Text with EEA relevance)
(2001/304/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning
veterinary and zootechnical checks applicable in intra-Community trade incertain live animals and products with a view to the completion of the internal
market (
1), as last amended by Directive 92/118/EEC (2), and in particular
Article 10 thereof,
Having regard to Council Directive 89/662/EEC of 11 December 1989
concerning veterinary checks in intra-Community trade with a view to the
completion of the internal market (3), as last amended by Directive
92/118/EEC, and in particular Article 9 thereof,
Having regard to Council Directive 64/433/EEC (4) on health conditions for
the production and marketing of fresh meat, as last amended by Directive95/23/EC (
5), and in particular Article 6(1)(f) thereof,
Having regard to Council Directive 77/99/EEC (6) on health problems
affecting the production and marketing of meat products and certain otherproducts of animal origin, as last amended by Council Directive 97/76/EC (
7),
and in particular Article 3(A)(7), second indent thereof,
Whereas:
(1) Following the reports of outbreaks of foot-and-mouth disease in the
United Kingdom, the Commission adopted Decision 2001/172/ECconcerning certain protection measures with regard to foot-and-mouth
disease in the United Kingdom (
8), as last amended by Decision
2001/…/EC (9).
(2) The measures to be carried out in a surveillance zone are laid down in
Article 9 of Directive 85/511/EEC of 18 November 1985 introducing
Community measures for the control of foot-and-mouth disease (10), as
last amended by the Act of Accession of Austria, Finland and Sweden.
(3) The disease situation in Great Britain requires surveillance zone
restrictions to remain in place for a prolonged period with consequentproblems due to the increasing numbers of susceptible animalsintended for slaughter kept in holdings not affected by foot-and-mouth
disease.
(4) Article 9 of Directive 85/511/EEC provides for transport under official
supervision of susceptible animals directly to a slaughterhouse for the
purpose of emergency slaughter. Such transport may be authorised bythe competent authorities only after the official veterinarian hascarried out an examination of all the animals concerned and confirmed
that none of the animals is suspected of being infected.!B
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 395, 30.12.1989, p. 13.
(4) OJ 121, 29.7.1964, p. 2012/64. Directive updated by Directive 91/497/EEC (OJ L
268, 24.4.1991, p. 69.).
(5) OJ L 243, 11.10.1995, p. 7.
(6) OJ L 26, 31.1.1977, p. 85. Directive updated by Directive 92/5/EEC (OJ L 57,
2.3.1992, p. 1).
(7) OJ L 10, 16.1.1998, p. 25.
(8) OJ L 62, 2.3.2001, p. 22.
(9)O J L .
(10) OJ L 315, 26.11.1985, p. 11.2001D0304 — EN — 03.05.2001 — 001.001 — 2
(5) Council Directive 72/461/EEC on health problems affecting intra-
Community trade in fresh meat (1), as last amended by the Act of
Accession of Austria, Finland and Sweden, requires that meat obtainedfrom animals from a holding or area which for health reasons is subject
to prohibition pursuant to Article 3(2)(b) of Council Directive
64/432/EC on animal health problems affecting intra-Communitytrade in bovine animals and swine (
2), as last amended by Council
Directive 2000/20/EC (3), shall not be sent from the territory of one
Member State to the territory of another Member State and that such
meat may not bear the Community health mark unless this health markis superimposed by a cross.
(6) Council Directive 80/215/EEC on animal health problems affecting
intra-Community trade in meat products (
4), as last amended by the
Act of Accession of Austria, Finland and Sweden, allows meat
products made from meat marked with a stamp as provided for in
Article 5a of Directive 72/461/EEC to be marked in accordance withChapter VI of Annex B of Directive 77/99/EEC, after such meat has
undergone certain treatment.
(7) Article 6(1)(f) of Council Directive 64/433/EEC requires Member
States to ensure that meat from an area subject to animal health
restrictions is subject to specific rules to be determined on a
case-by-case basis in accordance with the procedure laid down inArticle 16 of that Directive. Furthermore, Article 6(1)(h) of Directive
64/433/EEC requires that such meat must be marked with a national
stamp which cannot be confused with the Community stamp and inparticular is not oval.
(8) Article 3(A)(7), second indent, of Council Directive 77/99/EEC
requires meat products made from meat which must be marketedlocally to be marked with a mark to be determined in accordance with
the procedure laid down in Article 20 of Directive 77/99/EEC.
(9) Article 3(1)(f) of Council Directive 91/495/EEC of 27 November 1990
concerning public health and animal health problems affecting the
production and placing on the market of rabbit meat and farmed gamemeat (
5), as last amended by Directive 94/65/EC (6), provides for the
health marking of farmed game meat.
(10) Commission Decision 2001/172/EC prohibits, with the exception of
meat obtained from animals slaughtered before 1 February 2001,
dispatch of fresh meat obtained from animals of the bovine, ovine,
caprine and porcine species and other biungulates originating in GreatBritain and meat products produced from such meat, except aftercertain treatment.
(11) It is therefore the purpose of this Decision to determine the health
mark applied to fresh meat obtained from susceptible animals and to
meat products made from such meat which in accordance with
Community legislation concerning foot-and-mouth disease is noteligible for intra-Community trade and moreover the conditions underwhich such health marks can be applied.
(12) The measures provided for in this Decision are in accordance with the
opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
Without prejudice to the provisions of Council Directive 85/511/EEC and in
particular Articles 5 and 9 thereof, the United Kingdom shall ensure that:
1. In accordance with Article 5(1) of Directive 72/461/EEC fresh meat
meeting the requirements of Article 3 of Council Directive 64/433/EEC
and obtained from animals of the bovine, ovine, caprine and porcinespecies and fresh meat meeting the requirements of Article 6 of Directive
91/495/EEC and obtained from other biungulates originating in Great!B
(1) OJ L 302, 31.12.1972, p. 34.
(2) OJ 121, 29.7.1964, p. 1977/64.
(3) OJ L 163, 4.7.2000, p. 35.
(4) OJ L 47, 21.2.1980, p. 4.
(5) OJ L 268, 24.9.1991, p. 41.
(6) OJ L 368, 31.12.1994, p. 10.2001D0304 — EN — 03.05.2001 — 001.001 — 3
Britain and "M1meat3processed after a date to be notified to the
Commission and other Member States in accordance with Article 3 is notmarked with the health mark provided for in Chapter XI of Annex I ofDirective 64/433/EEC or in Chapter III of Annex I of Directive
91/495/EEC.
2. In accordance with Article 6(1)(h) of Directive 64/433/EEC and in line
with the provisions in Article 6(3) of Directive 91/495/EEC fresh meatreferred to in paragraph 1 is marked with a national stamp which cannot
be confused with the Community stamp provided for in Chapter XI of
Annex I of that Directive, and in particular is not oval.
3. The model of the health mark referred to in paragraph 2 shall be the one
in the Annex. The colour of the health marks shall be one of the colours
mentioned in Article 2(8) of Directive 94/36/EC (
1) except E129 Allura
Red AC.
4. Notwithstanding paragraph 1, and in so far as it is not intended for
intra-Community trade, where fresh meat is wrapped in commercial
portions intended for direct sale to the consumer, the meat referred to in
paragraph 1 may, for a transitional period, carry the mark defined inChapter XI of Annex I of Directive 64/433/EEC and in Chapter III ofAnnex I of Directive 91/495/EEC respectively, provided that the special
mark referred to in paragraph 2 is applied in addition. The dimension
requirements of the Annex need not apply to the mark required under theprovisions of this paragraph.
5. By derogation from paragraph 1, fresh meat originating from outside the
United Kingdom and handled in accordance with Article 2(2)(c) of
Decision 2001/172/EC may be marked with the health mark provided for
in Chapter XI of Annex I to Directive 64/433/EEC and in Chapter III ofAnnex I to Directive 91/495/EEC respectively and dispatched from GreatBritain in accordance with the provisions in Article 2(3) of Decision
2001/172/EC.
6. Fresh meat referred to in paragraphs 1 to 5 shall include minced meat and
meat preparations in accordance with Council Directive 94/65/EC layingdown the requirements for the production and placing on the market of
minced meat and meat preparations.
Article 2
The United Kingdom shall ensure that:
1. Meat products meeting the public health requirements of Directive
77/99/EEC and made from fresh meat marked in accordance with Article1(2) are marked with a national mark which cannot be confused with theCommunity health mark provided for in Chapter VI of Annex B of that
Directive, and in particular is not oval.
By derogation from the first subparagraph, meat products made from
fresh meat marked in accordance with Article 1(2) of this Decision andtreated in accordance with Article 3(2) of Commission Decision
2001/172/EC may be marked with the health mark provided for in
Chapter VI of Annex B of Directive 77/99/EEC and dispatched fromGreat Britain in accordance with the provisions in Article 3(4), (5) and (6)of Decision 2001/172/EC.
2. The model of the health mark referred to in paragraph 1 first
subparagraph shall be the one in the Annex, but the dimensionrequirements need not apply.
3. Notwithstanding paragraph 1 first subparagraph, and in so far as they are
not intended for intra-Community trade, meat products referred to in
paragraph 1 first subparagraph may, for a transitional period, carry thehealth mark provided for in Chapter VI of Annex B of Directive77/99/EEC, provided that the special mark referred to in paragraph 2 is
applied in addition.!B
(1) OJ L 237, 19.9.1994, p. 13.!M1
!B2001D0304 — EN — 03.05.2001 — 001.001 — 4
Article 3
The United Kingdom shall notify the Commission and other Member States
of the date on which marking of fresh meat in accordance with Article 1 will
commence and shall not permit the slaughter for human consumption of
animals of the bovine, ovine, caprine and porcine species and otherbiungulates originating from holdings in Great Britain in protection andsurveillance zones as defined in Article 9(1) and (2) of Council Directive
85/511/EEC until that date.
Article 4
This Decision is addressed to the Member States.!B2001D0304 — EN — 03.05.2001 — 001.001 — 5
ANNEX
Dimensions:
G B=7m m
Establishment No = 10 mmCircle outer diameter = 50 mm
Line thickness of circle = 3 mm
/kreisGB
1234!B2001D0304 — EN — 03.05.2001 — 001.001 — 6