1999/389/EC: Commission Decision of 11 June 1999 on protective measures with regards to contamination by dioxins of products intended for human consumption derived from bovine animals pigs and revoking Decision 1999/368/EC (notified under document number C(1999) 1592) (Text with EEA relevance)
Date: 1999-06-11
Institutions: European Commission
Subjects: Belgium, beef, health control, human nutrition, pigmeat, toxic substance

L 147/26

EN

Official Journal of the European Communities

12. 6. 1999

COMMISSION

COMMISSION DECISION

of 11 June 1999

on protective measures with regards to contamination by dioxins of products
intended for human consumption derived from bovine animals pigs and
revoking Decision 1999/368/EC

(notified under document number C(1999) 1592)

(Text with EEA relevance)

(1999/389/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 (1), as last amended by Directive 92/
118/EEC (2), and in particular Article 9 thereof,

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
animal and products with a view to the completion of the
internal market (3), as last amended by Directive 92/
118/EEC, and in particular Article 10 thereof,

(1) Whereas following information on contamination
on poultry products with dioxin the Commission
adopted Decision 1999/363/EC (4); whereas this
Decision establishes, in particular, that the Belgian
authorities shall investigate of possible distribution
of contaminated feedingstuffs with dioxins to other
and inform without delay the
farm animals
Commission and other Member
and
concerned Third Countries of the results of such
investigation;

States

(2) Whereas, on 2 June 1999, the Belgian authorities
have informed the Commission that
they have
placed under restriction approximately 500 pig
holdings which may have received contaminated

(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 224, 18.8.1990, p. 20.
(4) OJ L 141, 4.6.1999, p. 24.

feedingstuff; whereas, on 3 June 1999, they have
also informed the Commission that contaminated
feedingstuffs have been distributed to a number of
bovine holdings as well;

(3) Whereas the body of toxicological and epidemio-
logical evidence today have led the International
Agency for Research on Cancer (IARC) of
the
to consider
World Health Organisation (WHO)
TCDD a class 1 carcinogen (highest class in IARC
ranking);

(4) Whereas, in the light of the above, it is necessary to
take similar measures
to those laid down by
Decision 1999/363/EC to protect consumers from
risks associated to products derived from pigs and
bovine animals; whereas, however,
the Belgian
authorities have not yet taken actions on pigs and
bovine animals and derived products similar to
those applied in the case of poultry; whereas it is
therefore not appropriate to set an end-date for the
application of measures in respect of pigs and
bovine animals and products derived therefrom;
should
whereas,
apply to pigs and bovine animals reared in Belgium
starting from 15 January 1999, and products
derived therefrom; whereas these measures should
not apply to products derived from animals which
have not been reared in holdings placed under
restrictions by the Belgian authorities or which are
not contaminated by dioxins following the results
of analyses;

these measures

consequently,

12. 6. 1999

EN

Official Journal of the European Communities

L 147/27

in order

(5) Whereas on 4 June 1999, the Commission has
adopted Decision 1999/368/EC (1)
to
introduce the above necessary protective measures
with the minimum delay; whereas these measures
were adopted in accordance with the provisions of
Article 10(3) of Directive 90/425/EEC and Article
9(3) of Directive 89/662/EEC, whereas, under those
provisions, it is necessary to review the situation in
the Standing Veterinary Committee at the earliest
opportunity, with a view to adopting the necessary
measures;

(6) Whereas, following an in-depth discussion in the
Standing Veterinary Committee it is necessary to
adopt appropriate protective measures and, forth-
with, to revoke Decision 1999/368/EC;

(7) Whereas this Decision is in accordance with the

opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

1. A. Belgium shall prohibit the placing on the market,
including distribution to the final consumer, the
trade and the export to third countries, of all the
following products intended for human or animal
consumption derived from pigs
and bovine
animals, which were reared in Belgium starting
from 15 January 1999:
 fresh meat, as defined by Council Directive

64/433/EEC (2);

 mechanically recovered meat,
 minced meat and meat preparation, as defined

by Council Directive 94/65/EC (3)

 meat products and other products of animal
origin as defined by Council Directive 77/
99/EEC (4)

 raw milk, heat-treated milk and milk based
products as defined by Council Directive 92/
46/EEC (5)

 rendered fats, as referred to by Directive 92/

118/EEC,

 processed animal proteins, as referred to by

Directive 92/118/EEC,

 raw material for the manufacture of animal
feedingstuffs, as referred to by Directive 92/
118/EEC,

(1) OJ L 142, 5.6.1999, p. 46.
(2) OJ 121, 29.7.1964, p. 2012/64.
(3) OJ L 368, 31.12.1994, p. 10.
(4) OJ L 26, 31.1.1977, p. 85.
(5) OJ L 268, 14.9.1992, p. 1.

unless:

(i) the products are not derived from animals
reared in holdings put under restriction by the
Belgian authorities, or

(ii) the results of analysis demonstrate that

the
products are not contaminated with dioxins.

B. Belgium shall prohibit the placing on the market,
the trade and the export to Third Countries, of pigs
and bovine animals reared starting from 15 January
1999, unless they have not been reared or produced
in holdings put under restriction by the Belgian
authorities.

2.
Belgium shall ensure that all the products listed in
paragraph l which do not fulfil the conditions established
in paragraph 1, point (i) or (ii), are destroyed by means
approved by the competent authorities.

Belgium shall inform immediately the Commission
3.
and the Member States, if appropriate in accordance with
Council Directive 92/59/EEC (6) (rapid alert system), and
third countries who have received the live animals or
products covered by paragraph 2 of this Article.

Article 2

For the purpose of trade, the commercial document or, if
appropriate, the veterinary certificate accompanying each
consignment of
listed in
Article 1 must be completed by an official declaration
signed by the Belgian competent authority certifying that
the live animals or the products of Belgian origin are in
compliance with this Decision.

live animals or products

Article 3

Member States which received pigs or bovine animals
which have been reared or produced in holdings put
under restriction by the Belgian authorities and/or prod-
ucts of Belgian origin covered by paragraph 2 of Article 1,
shall immediately:

 trace and place under restriction such animals and

products arising therefrom,

 trace back all products of Belgian origin to which this
Decision applies and products destined to human or
animal consumption containing those products,
 ensure that the above products are destroyed by a
mean approved by the competent authority, unless it
can be proved they are not contaminated with dioxins,

(6) OJ L 228, 11.8.1992, p. 24.

L 147/28

EN

Official Journal of the European Communities

12. 6. 1999

 inform immediately the Commission and the Member
States, if appropriate in accordance with Directive 92/
59/EEC (rapid alert system), and concerned third
countries on the findings of their investigation and on
the eventual actions taken.

Article 6

Decision 1999/368/EC is hereby revoked.

Article 7

Article 4

This Decision is addressed to the Member States.

Commission inspections may be carried out in order to
verify the implementation of this Decision.

Article 5

Member States shall alter the measures they apply to trade
in order to bring them into line with this Decision. They
shall immediately inform the Commission thereof.

Done at Brussels, 11 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission