2001D0304 — EN — 24.01.2002 — 002.001 — 1
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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
►M1Commission Decision 2001/345/EC of 2 May 2001 L 122 31 3.5.2001
►M2Commission Decision 2002/49/EC of 23 January 2002 L 21 30 24.1.2002
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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 in certain live animals and products with a view to thecompletion 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
Directive 95/23/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 certainother products 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/EC concerning certain protection measures with regard tofoot-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 zonerestrictions to remain in place for a prolonged period withconsequent problems due to the increasing numbers of susceptibleanimals intended for slaughter kept in holdings not affected by
foot-and-mouth disease.
(4)Article 9 of Directive 85/511/EEC provides for transport underofficial supervision of susceptible animals directly to a slaughter-
house for the purpose of emergency slaughter. Such transport maybe authorised by the competent authorities only after the official2001D0304 — EN — 24.01.2002 — 002.001 — 2
(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.
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veterinarian has carried out an examination of all the animals
concerned and confirmed that none of the animals is suspected ofbeing infected.
(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 meatobtained from 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 affectingintra-Community trade 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 anotherMember State and that such meat may not bear the Community
health mark unless this health mark is 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 bemarked in accordance with Chapter VI of Annex B of Directive77/99/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 aca se-by-case basis in accordance with the procedure laid down inArticle 16 of that Directive. Furthermore, Article 6(1)(h) ofDirective 64/433/EEC requires that such meat must be marked
with a national stamp which cannot be confused with the
Community stamp and in particular is not oval.
(8)Article 3(A)(7), second indent, of Council Directive 77/99/EECrequires 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 November1990 concerning public health and animal health problems
affecting the production and placing on the market of rabbit
meat and farmed game meat(
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 exceptionof 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 biungulatesoriginating in Great Britain and meat products produced fromsuch meat, except after certain treatment.
(11)It is therefore the purpose of this Decision to determine the healthmark applied to fresh meat obtained from susceptible animals andto meat products made from such meat which in accordance withCommunity legislation concerning foot-and-mouth disease is noteligible for intra-Community trade and moreover the conditionsunder which such health marks can be applied.
(12)The measures provided for in this Decision are in accordance withthe opinion of the Standing Veterinary Committee,2001D0304 — EN — 24.01.2002 — 002.001 — 3
(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.
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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 shallensure 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 andporcine species, fresh meat meeting the requirements of Article 6 ofDirective 91/495/EEC and obtained from other biungulates origi-nating in Great Britain, and meat processed in Great Britain during
the period running from 1 February 2001 to the date of coming into
force of the present Decision shall not be marked with the healthmark provided for in Chapter XI of Annex I to Directive 64/433/EECor in Chapter III of Annex I to 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
meat referred to in paragraph 1 is marked with a national stamp
which cannot be confused with the Community stamp provided for inChapter 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 thecolours mentioned in Article 2(8) of Directive 94/36/EC(
1) except
E129 AlluraRed AC.
4. Notwithstanding paragraph 1, and in so far as it is not intended for
intra-Community trade, where fresh meat is wrapped in commercialportions intended for direct sale to the consumer, the meat referred toin paragraph 1 may, for a transitional period, carry the mark defined
in Chapter XI of Annex I of Directive 64/433/EEC and in Chapter III
of Annex I of Directive 91/495/EEC respectively, provided that thespecial mark referred to in paragraph 2 is applied in addition. Thedimension requirements of the Annex need not apply to the markrequired under the provisions of this paragraph.
5. By derogation from point 1, meat eligible for dispatch from Great
Britain in accordance with Commission Decisions 2001/172/EC,
2001/356/EC or 2001/740/EC may be marked with the health mark
provided for in Chapter XI of Annex I to Directive 64/433/EEC or inChapter III of Annex I to Directive 91/495/EEC.
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 laying down 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
Article 1(2) are marked with a national mark which cannot be
confused with the Community health mark provided for in ChapterVI of Annex B of that Directive, and in particular is not oval.
By derogation from the first subparagraph, meat products which have
undergone one of the treatments laid down in Article 4(1) of CouncilDirective 80/215/EEC, or which have been subjected during2001D0304 — EN — 24.01.2002 — 002.001 — 4
(1) OJ L 237, 19.9.1994, p. 13.▼M2
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preparation uniformly throughout the substance to a pH value of less
than 6, may be marked with the health mark provided for in ChapterVI of Annex B to Directive 77/99/EEC.
2. The model of the health mark referred to in paragraph 1 first
subparagraph shall be the one in the Annex, but the dimension
requirements 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
the health mark provided for in Chapter VI of Annex B of Directive77/99/EEC, provided that the special mark referred to in paragraph 2is applied in addition.
Article 3
The United Kingdom shall notify the Commission and other Member
States of the date on which marking of fresh meat in accordance withArticle 1 will commence and shall not permit the slaughter for human
consumption of animals of the bovine, ovine, caprine and porcine
species and other biungulates originating from holdings in Great Britainin protection and surveillance zones as defined in Article 9(1) and (2) ofCouncil Directive 85/511/EEC until that date.
Article 4
This Decision is addressed to the Member States.2001D0304 — EN — 24.01.2002 — 002.001 — 5
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ANNEX
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