2001/145/EC: Commission Decision of 21 February 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (Text with EEA relevance) (notified under document number C(2001) 474)
Date: 2001-02-21
Institutions: European Commission
Subjects: EU Member State, United Kingdom, export restriction, foot-and-mouth disease, veterinary legislation

23.2.2001

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Official Journal of the European Communities

L 53/25

COMMISSION DECISION

of 21 February 2001

concerning certain protection measures with regard to foot-and-mouth disease in the United
Kingdom

(notified under document number C(2001) 474)

(Text with EEA relevance)

(2001/145/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(6)

tion measures relating to foot-and-mouth disease in the
United Kingdom.

This Decision shall be reviewed at the meeting of the
Standing Veterinary Committee scheduled for the 27
February 2001,

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 the completion of the internal market (1), as last
amended by Directive 92/118/EEC (2), and in particular Article
10(3) 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(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

On 20 February 2001 outbreaks of
foot-and-mouth
disease have been declared in the United Kingdom which
were detected in an abattoir and a neighbouring farm.

The foot-and-mouth disease situation in certain parts of
the United Kingdom is liable to endanger the herds of
other Member States and of the disease free parts of the
United Kingdom in view of the placing on the market
and trade in live biungulate animals and certain of their
products.

The United Kingdom has taken measures in the frame-
work of Council Directive 85/511/EEC of 18 November
1985 introducing Community measures for the control
last amended by
of
Commission Decision 92/380/EEC (5), and furthermore
has introduced further measures within the affected
areas.

foot-and-mouth disease (4), as

The disease situation in certain parts of
the United
Kingdom requires reinforcing the control measures for
foot-and-mouth disease taken by the United Kingdom by
adopting additional Community protective measures.

Pending the meeting of
the Standing Veterinary
Committee and in collaboration with the Member State
concerned the Commission should take interim protec-

HAS ADOPTED THIS DECISION:

Article 1

Without prejudice to the measures taken by the United
Kingdom within the framework of Council Directive 85/
511/EEC, the United Kingdom shall ensure that:

1. no live animals of the bovine, ovine, caprine and porcine
species and other biungulates move between those parts of
its territory listed in Annex I and Annex II;

2. no live animals of the bovine, ovine, caprine and porcine
species and other biungulates sent from or through those
parts of its territory listed in Annex I and Annex II to other
parts of the Community.

Derogating from the provisions in the first paragraph the
competent authorities may authorise the direct and uninter-
rupted transit of biungulate animals through the areas listed
in Annex I and Annex II on main roads and railway lines;

3. the health certificates provided for in Council Directive 64/
432/EEC (6), as last amended by Directive 2000/20/EC (7),
accompanying live bovine and porcine animals and in
Council Directive 91/68/EEC (8),
amended by
Commission Decision 94/953/EC (9), accompanying live
ovine and caprine animals consigned from parts of the
territory of the United Kingdom not listed in Annex I and
Annex II to other Member States shall bear the following
words:

last

as

‘Animals
conforming to Commission Decision 2001/
145/EC of 21 February 2001 on certain protective measures
with regard to foot-and-mouth disease in the United King-
dom’;

4. the health certificates accompanying biungulates, other than
those covered by the certificates mentioned in paragraph 4,
consigned from parts of the territory of the United Kingdom
not listed in Annex I and Annex II to other Member States
shall bear the following words:

(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 L 315, 26.11.1985, p. 11.
(5) OJ L 198, 17.7.1992, p. 54.

(6) OJ 121, 29.7.1964, p. 1977/64.
(7) OJ L 163, 4.7.2000, p. 35.
(8) OJ L 46, 19.2.1991, p. 19.
(9) OJ L 371, 31.12.1994, p. 14.

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Official Journal of the European Communities

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‘Live biungulates confirming to Commission Decision 2001/
145/EC of 21 February 2001 on certain protection meas-
ures with regard to foot-and-mouth disease in the United
Kingdom’;

5. The movement to other Member States of animals accom-
panied by an animal health certificate referred to in para-
graphs 3 or 4 shall only be allowed following three days
advance notification dispatched by the local veterinary
authority to the central and local veterinary authorities in
the Member State of destination.

Article 2

1.
The United Kingdom shall not send fresh meat of the
bovine, ovine, caprine and porcine species and other biungu-
lates coming from those parts of its territory listed in Annex I
or obtained from animals originating in those parts of the
United Kingdom to other parts of the Community.

The prohibitions provided for in paragraph 1 shall not

2.
apply to:

(a) fresh meat obtained before 1 February 2001 provided that
the meat is clearly identified, and since this date has been
transported and stored separately from meat which is not
destined for parts of the Community outside the areas
mentioned in Annex I;

(b) fresh meat obtained from animals reared outside the areas
listed in Annex I and Annex II and transported in deroga-
tion to Article 1(1) directly and under official control in
sealed means of transport to a slaughterhouse situated in
the area listed in Annex I outside the protection zone for
immediate slaughter. Such meat shall only be placed on the
market in the United Kingdom.

(c) fresh meat obtained from cutting plants situated in the area

listed in Annex I under the following conditions:

— only fresh meat as described in subparagraphs (a) and
(b) or fresh meat obtained from animals reared and
slaughtered outside the area listed in Annex I will be
processed in this establishment,

— all such fresh meat must bear the health mark in
accordance with Chapter XI of Annex I to Council
Directive 64/433/EEC (1) on animal health problems
affecting intra-Community trade in fresh meat,

— the plant will be operated under

strict veterinary

control,

— the fresh meat must be clearly identified, and trans-
ported and stored separately from meat which is not
destined for parts of the Community outside the areas
mentioned in Annex I,

— the control of the compliance with the above listed
conditions shall be carried out by the competent veter-
inary authority under the supervision of the central
veterinary authorities who will communicate to the
other Member States and the Commission a list of those

(1) OJ 121, 29.7.1964, p. 2012/64. Directive updated by Directive 91/
497/EEC (OJ L 268, 24.9.1991, p. 69) and last amended by Direc-
tive 95/23/EC (OJ L 243, 11.10.1995 p. 7.)

establishments which they have approved in application
of these provisions.

3. Meat consigned from the United Kingdom to other
Member States shall be accompanied by a certificate from an
official veterinarian. The certificate shall bear the following
words:

‘Meat conforming to Commission Decision 2001/145/EC
of 21 February 2001 concerning certain protection meas-
ures with regard to foot-and-mouth disease in the United
Kingdom’.

Article 3

The United Kingdom shall not send meat products of
1.
animals of the bovine, ovine, caprine and porcine species and
other biungulates coming from those parts of
the United
Kingdom listed in Annex I or prepared using meat obtained
from animals originating in those parts of the United Kingdom
to other parts of the Community.

2.
The restrictions described in paragraph 1 shall not apply
to meat products which have undergone one of the treatments
laid down in Article 4(1) of Council Directive 80/215/EEC (2),
as last amended by Council Directive 91/687/EEC (3), or to
meat products as defined in Council Directive 77/99/EEC (4), as
last amended by Council Directive 97/76/EC (5), on animal
health problems affecting intra-Community trade in meat prod-
ucts which have been subjected during preparation uniformly
throughout the substance to a pH value of less than 6.

The prohibitions described in paragraph 1 shall not apply

3.
to:

(a) meat products prepared from meat derived from biungulate
animals slaughtered before 1 February 2001 provided that
the meat products are clearly identified, and since this date
have been transported and stored separately from meat
products which are not destined for parts of
the
Community outside the areas mentioned in Annex I;

(b) meat products prepared in establishments under

the

following conditions:

— all fresh meat used in the establishment must conform

to the conditions of Article 2(2),

— all meat products used in the final product will
conform to the conditions of paragraph (a) or be made
from fresh meat obtained from animals reared and
slaughtered outside the area listed in Annex I,

— all meat products must bear the health mark in accord-
ance with Chapter VII of Annex A to Directive 77/
99/EEC,

(2) OJ L 47, 21.2.1980, p. 4.
(3) OJ L 377, 31.12.1991, p. 16.
(4) OJ L 26, 31.1.1977, p. 85. Directive updated by Directive 92/5/EEC
(OJ L 57, 2.3.1992, p. 1.) and last amended by Directive 92/45/EEC
(OJ L 268, 14.9.1992, p. 35).

(5) OJ L 10, 16.1.1998, p. 25.

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— the establishment will be operated under strict veter-

(b) the establishment will be operated under strict veterinary

inary control,

control,

— the meat products must be clearly identified and trans-
ported and stored separately from meat and meat prod-
ucts which are not destined for parts of the Community
outside the areas mentioned in Annex I,

— the control of the compliance with the above listed
conditions shall be carried out by the competent veter-
inary authority under the supervision of the central
veterinary authorities who will communicate to other
Member States and the Commission a list of those
establishments which they have approved in application
of these provisions;

(c) meat products prepared in the parts of the territory which
are not included in Annex I using meat obtained before 1
February 2001 from parts of the territory included in
Annex I provided that the meat and meat products are
clearly identified and transported and stored separately
from meat and meat products which are not destined for
parts of the Community outside the areas mentioned in
Annex I.

4. Meat products consigned from the United Kingdom to
other Member States shall be accompanied by a certificate from
an official veterinarian. The certificate shall bear the following
words:

‘Meat products conforming to Commission Decision 2001/
145/EC of concerning certain protection measures with
regard to foot-and-mouth disease in the United Kingdom’.

(c) the milk must be clearly identified and transported and
stored separately from milk and milk products which are
not destined for parts of the Community outside the areas
mentioned in Annex I,

(d) transport of raw milk from holdings situated outside the
areas mentioned in Annex I to the establishments referred
to above is carried out in vehicles which were cleaned and
disinfected prior to operation and had no subsequent
contact with holdings in the areas mentioned in Annex I
keeping animals of species susceptible to foot-and-mouth
disease,

(e) the control of the compliance with the above listed condi-
tions shall be carried out by the competent veterinary
authority under the supervision of the central veterinary
authorities who will communicate to other Member States
and the Commission a list of those establishments which
they have approved in application of these provisions.

4. Milk consigned from the United Kingdom to other
Member States shall be accompanied by a certificate from an
official veterinarian. The certificate shall bear the following
words:

‘Milk conforming to Commission Decision 2001/145/EC of
21 February 2001 concerning certain protection measures
with regard to foot-and-mouth disease in the United King-
dom’.

Article 4

Article 5

The United Kingdom shall not send milk from those parts
the

its territory listed in Annex I

to other parts of

1.
of
Community.

The United Kingdom shall not send milk products from
1.
those parts of its territory listed in Annex I to other parts of the
Community.

The prohibitions described in paragraph 1 shall not apply

2.
to milk which has been subjected to:

2.
to:

The prohibitions described in paragraph 1 shall not apply

(a) an initial pasteurisation in accordance with the norms
defined in Council Directive 92/46/EEC (1), as last amended
by Council directive 96/23/EC (2), followed by a second
heat treatment by high temperature pasteurisation, UHT,
sterilisation or by a drying process which includes a heat
treatment with an equivalent effect to one of the above; or

(b) an initial pasteurisation in accordance with the norms
defined in Directive 92/46/EEC, combined with the treat-
ment by which the pH is lowered below 6 and held there
for at least one hour.

3.
The prohibitions described in paragraph 1 shall not apply
to milk prepared in establishments situated in the areas listed
in Annex I under the following conditions:

(a) all milk used in the establishment must either conform to
the conditions of paragraph 2 or be obtained from animals
outside the area listed in Annex I,

(1) OJ L 268, 14.9.1992, p. 1.
(2) OJ L 125, 23.5.1996, p. 10.

(a) milk products produced before 1 February 2001;

(b) milk products subjected to heat treatment at a temperature
of at least 71,7° C for 15 seconds or an equivalent treat-
ment;

(c) milk products prepared from milk which has been
subjected to the provisions described in Article 4(2) or (3).

The prohibitions described in paragraph 1 shall not apply

3.
to:

(a) milk products prepared in establishments situated in the
areas listed in Annex I under the following conditions:

— all milk used in the establishment will either conform
to the conditions of Article 4(2) or be obtained from
animals outside the area listed in Annex I,

— all milk products used in the final product will either
conform to the conditions of paragraph 2 or be made
from milk obtained from animals outside the area listed
in Annex I,

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— the establishment will be operated under strict veter-

inary control,

— the milk products must be clearly identified and trans-
ported and stored separately from milk and milk prod-
ucts which are not destined for parts of the Community
outside the areas mentioned in Annex I,

— the control of the compliance with the above listed
conditions shall be carried out by the competent veter-
inary authority under the supervision of the central
veterinary authorities who will communicate to other
Member States and the Commission a list of those
establishments which they have approved in application
of these provisions;

(b) milk products prepared in the parts of the territory outside
the areas mentioned in Annex I using milk obtained before
1 February 2001 from parts of the territory mentioned in
Annex I provided that the milk products are clearly identi-
fied and transported and stored separately from milk prod-
ucts which are not destined for parts of the Community
outside the areas mentioned in Annex I.

4. Milk products consigned from the United Kingdom to
other Member States shall be accompanied by a certificate from
an official veterinarian. The certificate shall bear the following
words:

‘Milk products conforming to Commission Decision 2001/
145/EC of 21 February 2001 concerning certain protection
measures with regard to foot-and-mouth disease in the
United Kingdom’.

Article 6

1.
The United Kingdom shall not send semen, ova and
embryos of the bovine, ovine, caprine and porcine species and
other biungulates from those parts of its territory listed in
Annex I to other parts of the United Kingdom.

2.
The United Kingdom shall not send semen, ova and
embryos of the bovine, ovine, caprine and porcine species and
other biungulates from those parts of its territory listed in
Annex I and Annex II to other parts of the Community.

This prohibition shall not apply to frozen bovine semen

3.
and embryos produced before 1 February 2001.

4.
The health certificate provided for in Council Directive
88/407/EEC (1), as last amended by the Act of Accession of
Austria, Finland and Sweden, and accompanying frozen bovine
semen consigned from the United Kingdom to other Member
States shall bear the following words:

‘Frozen bovine semen conforming to Commission Decision
2001/145/EC of 21 February 2001 on certain protective
measures with regard to foot-and-mouth disease in the
United Kingdom’.

The health certificate provided for in Council Directive
5.
89/556/EEC (2), as last amended by the Act of Accession of
Austria, Finland and Sweden, and accompanying bovine
embryos consigned from the United Kingdom to other Member
States shall bear the following words:

‘Bovine embryos conforming to Commission Decision
2001/145/EC of 21 February 2001 on certain protective
measures with regard to foot-and-mouth disease in the
United Kingdom’.

Article 7

The United Kingdom shall not send hides and skins of
1.
bovine, ovine, caprine and porcine species and other biungu-
lates from those parts of its territory listed in the Annex I to
other parts of the Community.

2.
This prohibition shall not apply to hides and skins which
were produced before 1 February 2001 or which conform to
the requirements of paragraph 1(A) indents 2 to 5 or para-
graph 1(B),
indents 3 and 4 of Chapter 3 of Annex I to
Directive 92/118/EEC. Care must be taken to separate effec-
tively treated hides and skins from untreated hides and skins.

3.
The United Kingdom shall ensure that hides and skins of
bovine, ovine, caprine and porcine species and other biungu-
lates to be sent to other Member States shall be accompanied
by a certificate which bears the following words:

‘Hides and skins conforming to Commission Decision
2001/145/EC of 21 February 2001 on certain protective
measures with regard to foot-and-mouth disease in the
United Kingdom’.

Article 8

The United Kingdom shall ensure that vehicles which have
been used for the transport of live animals are cleaned and
disinfected after each operation, and shall furnish proof of such
disinfection.

Article 9

1.
The United Kingdom shall not send animal products of
the bovine, ovine, caprine and porcine species and other biun-
gulates not mentioned in Articles 2, 3, 4, 5, 6 and 7 from
those parts of its territory listed in Annex I to other parts of the
Community.

The prohibitions mentioned in paragraph 1 shall not

2.
apply to:

(a) animal products referred to in paragraph 1 which have

been subjected to:

— heat treatment in a hermetically sealed container with a

Fo value of 3,00 or more, or

— heat treatment in which the centre temperature is raised

to at least 70° C;

(1) OJ L 194, 22.7.1988, p. 10.

(2) OJ L 302, 19.10.1989, p. 1.

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(b) unprocessed sheep wool and ruminant hair which is

securely enclosed in packaging and dry.

3.
The United Kingdom shall ensure that the animal prod-
ucts mentioned in paragraph 2 to be sent to other Member
States shall be accompanied by a health certificate which bears
the following words:

‘Animal products conforming to Commission Decision
2001/145/EC of 21 February 2001 on certain protective
measures with regard to foot-and-mouth disease in the
United Kingdom’.

Article 10

Member States shall amend the measures which they apply to
trade so as to bring them into compliance with this Decision.
They shall

immediately inform the Commission thereof.

Article 11

This Decision shall apply until midnight on 1 March 2001.

Article 12

This Decision is addressed to all the Member States

Done at Brussels, 21 February 2001.

For the Commission

David BYRNE

Member of the Commission

ANNEX I

ANNEX II

United Kingdom

United Kingdom