2001/172/EC: Commission Decision of 1 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC (Text with EEA relevance) (notified under document number C(2001) 681)
Date: 2001-03-01
Institutions: European Commission
Subjects: United Kingdom, export restriction, foot-and-mouth disease, live animal, meat, milk product

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COMMISSION DECISION

of 1 March 2001

concerning certain protection measures with regard to foot-and-mouth disease in the United
Kingdom and repealing Decision 2001/145/EC

(notified under document number C(2001) 681)

(Text with EEA relevance)

(2001/172/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 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,

Whereas:

(1)

(2)

(3)

(4)

(5)

Outbreaks of foot-and-mouth disease have been declared
in the United Kingdom.

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.

foot-and-mouth disease (4), as

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
of
last amended by
Commission Decision 92/380/EEC (5), and furthermore
has introduced further measures within the affected
areas, in particular a ban on movement of susceptible
animals applied in Great Britain.

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 took interim measures
adopting Decision 2001/145/EC of 21 February 2001

concerning certain protection measures with regard to
foot-and-mouth disease in the United Kingdom (6).

In order to adapt the measures to the current epidemio-
logical situation,
is necessary to introduce certain
protective measures and to repeal Decision 2001/145/
EC.

it

The situation shall be reviewed at the meeting of the
Standing Veterinary Committee scheduled for 7 March
2001 and the measures adapted where necessary.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

Without prejudice to the measures taken by the United
Kingdom within the framework of 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 are dispatched from or moved
through those parts of its territory listed in Annex I and
Annex II;

Without prejudice to the ban on movement of susceptible
animals within and through Great Britain applied by the
competent authorities of the United Kingdom, and derog-
ating from the provisions
in the first paragraph the
competent authorities may authorize 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 (7), as last amended by Directive 2000/20/EC (8),
accompanying live bovine and porcine animals and in
Council Directive 91/68/EEC (9),
amended by
Commission Decision 94/953/EC (10), 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

(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 L 53, 23.2.2001, p. 25.
(7) OJ 121, 29.7.1964, p. 1977/64.
(8) OJ L 163, 4.7.2000, p. 35.
(9) OJ L 46, 19.2.1991, p. 19.
(10) OJ L 371, 31.12.1994, p. 14.

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conforming to Commission Decision 2001/
‘Animals
172/EC of 1 March 2001 concerning certain protective
measures with regard to foot-and-mouth disease in the
United Kingdom.’

4. the health certificates accompanying biungulates, other than
those covered by the certificates mentioned in paragraph 3,
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:

‘Live biungulates conforming to Commission Decision
2001/172/EC of 1 March 2001 concerning certain protec-
tion measures 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.

— 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
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 2001/172/EC
of 1 March 2001 concerning certain protection measures
with regard to foot-and-mouth disease in the United
Kingdom.’

Article 2

Article 3

The United Kingdom shall not dispatch fresh meat of the
1.
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.

The United Kingdom shall not dispatch 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.

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 dispatch 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;

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
the
products which are not destined for parts of
Community outside the areas mentioned in Annex I;

(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,

(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).

(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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(b) meat products prepared in establishments under

the

been subjected to at least:

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,

— the establishment will be operated under strict veter-

inary 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
authority under the responsibility of the central veter-
inary 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
dispatch 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/
172/EC of 1 March 2001 concerning certain protection
measures with regard to foot-and-mouth disease in the
United Kingdom.’

5.
Derogating from the provisions in paragraph 4 it shall be
sufficient in the case of meat products which conform to the
requirements of paragraph 2 and are consigned in hermetically
sealed containers that compliance with the conditions required
for the treatment laid down in paragraph 2 is stated in the
commercial
consignment,
accompanying
document
endorsed in accordance with Article 9.

the

Article 4

1.
The United Kingdom shall not dispatch milk for human
or nun-human consumption from those parts of its territory
listed in Annex I.

2.
The prohibitions described in paragraph 1 shall not apply
to milk for human or non-human consumption which has

(a) an initial pasteurization in accordance with the norms
defined in paragraph 3(b) of Chapter 1 in Annex I to
Directive 92/118/EEC, followed by a second heat treatment
by high temperature pasteurization, UHT, sterilization or
by a drying process which includes a heat treatment with
an equivalent effect to one of the above; or

(b) an initial pasteurization in accordance with the norms
defined in paragraph 3(b) of Chapter 1 in Annex I to
Directive 92/118/EEC, combined with the treatment 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,

(b) the establishment will be operated under strict veterinary

control,

(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 an official certificate.
The certificate shall bear the following words:

‘Milk conforming to Commission Decision 2001/172/EC of
1 March 2001 concerning certain protection measures with
regard to foot-and-mouth disease in the United Kingdom.’

5.
Derogating from the provisions in paragraph 4 it shall be
sufficient in the case of milk which conform to the require-
ments of paragraph 2(a) or (b) and is consigned in hermetically
sealed containers or has been processed in an automated
production system which ensures that standards for treatment
are met and recorded that compliance with the conditions
required for the treatment laid down in paragraph 2(a) or (b) is
stated in the commercial document accompanying the consign-
ment, endorsed in accordance with Article 9.

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Article 5

1.
The United Kingdom shall not dispatch milk products for
human or non-human consumption from those parts of its
territory listed in Annex I.

The prohibitions described in paragraph 1 shall not apply

2.
to:

(a) milk products produced before 1 February 2001;

(b) milk products prepared from milk complying with the

provisions in Article 4(2) or (3),

(c) milk products subject to a heat treatment at a temperature
of at least 71,7 °C for at least 15 seconds, on the under-
standing that such treatment was not necessary for finished
products the ingredients of which comply with the respec-
tive animal health conditions laid down in this Decision.

The prohibitions described in paragraph 1 shall not apply

3.
to:

Derogating from the provisions in paragraph 4 it shall be
5.
sufficient in the case of milk products which conform to the
requirements of paragraph 2 and are consigned in hermetically
sealed containers or have been processed in an automated
production system which ensures that standards for treatment
are met and recorded that compliance with the conditions laid
down in paragraph 2 is stated in the commercial document
accompanying the consignment, endorsed in accordance with
Article 9.

Article 6

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

The United Kingdom shall not dispatch semen, ova and
2.
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.

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

This prohibition shall not apply to frozen bovine semen

3.
and embryos produced before 1 February 2001.

— 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,

— 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
authority under the responsibility of the central veter-
inary 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 dispatch outside the areas
mentioned in Annex I.

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

‘Milk products conforming to Commission Decision 2001/
172/EC of 1 March 2001 concerning certain protection
measures with regard to foot-and-mouth disease in the
United Kingdom.’

The health certificate provided for in Council Directive
4.
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
2001/172/EC of 1 March 2001 on certain protective meas-
ures with regard to foot-and-mouth disease in the United
Kingdom.’

5.
The health certificate provided for in Council Directive
88/556/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
2001/172/EC of 1 March 2001 on certain protective meas-
ures with regard to foot-and-mouth disease in the United
Kingdom.’

Article 7

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

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-
indents 3 and 4 of Chapter 3 of Annex 1 to
graph 1(B),
Directive 92/118/EEC. Care must be taken to separate effec-
tively treated hides and skins from untreated hides and skins.

(1) OJ L 194, 22.7.1988, p. 10.
(2) OJ L 302, 19.10.1989, p. 1.

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The United Kingdom shall ensure that hides and skins of
3.
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
2001/172/EC of 1 March 2001 on certain protective meas-
ures with regard to foot-and-mouth disease in the United
Kingdom.’

4.
Derogating from the provisions in paragraph 3 it shall be
sufficient in the case of hides and skins which conform to the
requirements of paragraph 1(A) indents 2 to 5 of Chapter 3 of
Annex I to Directive 92/118/EEC to be accompanied by a
commercial document stating compliance with the conditions
required for the treatment laid down in paragraph 1(A) indents
2 to 5 of Chapter 3 of Annex I to Directive 92/118/EEC.

5.
Derogating from the provisions in paragraph 3 it shall be
sufficient in the case of hides and skins which conform to the
requirements of paragraph 1(B) indents 3 and 4 of Chapter 3
of Annex I to Directive 92/118/EEC that compliance with the
conditions required for the treatment laid down in paragraph 1
(B)
indents 3 and 4 of Chapter 3 of Annex I to Directive
92/118/EEC is stated in the commercial document accompa-
nying the consignment, endorsed in accordance with Article 9.

Article 8

1.
The United Kingdom shall not dispatch animal products
of the bovine, ovine, caprine and porcine species and other
biungulates not mentioned in Articles 2, 3, 4, 5, 6 and 7
produced after 1 February 2001 from those parts of its terri-
tory listed in Annex I.

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;

(b) blood and blood products as defined in Chapter 7 of
Annex I to Directive 92/118/EEC which have been subject
to:

— heat treatment at a temperature of 65 °C for at least
three hours, followed by an effectiveness check,

— irradiation at 2,5 megarads or gamma rays followed by

an effectiveness check,

— change of pH to pH 5 or lower for at least two hours,

followed by an effectiveness check;

(c) lard and rendered fats which have been subject to the heat
treatment prescribed in paragraph 2(A) of Chapter 9 of
Annex I to Directive 92/118/EEC;

(d) animal casings to which the provisions in paragraph B of
to Directive 92/118/EEC apply

Chapter 2 of Annex I
mutatis mutandis;

(e) unprocessed sheep wool and ruminant hair which is

securely enclosed in packaging and dry;

(f) semi-moist and dried petfood conforming to the require-
ments of paragraphs 2 and 3 respectively of Chapter 4 of
Annex I to Directive 92/118/EEC;

(g) composite products which are not subject to further treat-
ment containing products of animal origin on the under-
standing that the treatment was not necessary for finished
products the ingredients of which comply with the respec-
tive animal health conditions laid down in this Decision.

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 an official certificate which
bears the following words:

‘Animal products conforming to Commission Decision
2001/172/EC of 1 March 2001 concerning certain protec-
tive measures with regard to foot-and-mouth disease in the
United Kingdom.’

4.
Derogating from the provisions in paragraph 3 it shall be
sufficient in the case of products mentioned in paragraphs (2)
(b), (c), (d) and (e) that compliance with the conditions for the
treatment stated in the commercial document required in
accordance with the respective Community legislation is
endorsed in accordance with Article 9.

Article 9

required by Community legislation for

Where reference is made to this Article, the competent authori-
ties of the United Kingdom shall ensure that the commercial
document
intra-
Community trade be endorsed by the attachment of a copy of
an official certificate stating that the production process has
been audited and found in compliance with the appropriate
requirements in Community legislation and suitable to destroy
the foot-and-mouth disease virus and provisions are in place to
avoid possible re-contamination with the foot-and-mouth
disease virus after treatment.

Such verifying certification of the production process shall bear
a reference to this Decision, shall be valid for 30 days, shall
state the expiry date and shall be renewable after inspection of
the establishment.

Article 10

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.

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Article 11

Article 12

1. Member States other than the United Kingdom shall not
send live animals of susceptible species to the part of the
territory of the United Kingdom listed in Annex I.

2. Without prejudice to the measures already taken by
Member States, Member States other than the United Kingdom
shall take any precautionary measure, including the isolation of
susceptible animals and preventive killing of sheep, goats, deer
and camelides dispatched from the United Kingdom between 1
and 21 February 2001.

Decision 2001/145/EC is hereby repealed.

Article 13

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.

This Decision shall apply until midnight on 9 March 2001.

Article 14

This Decision is addressed to the Member States.

Article 15

Done at Brussels, 1 March 2001.

The precautionary measures referred to in the first subpara-
graph shall be taken without prejudice to the provisions of
Article 6 of Council Decision 90/424/EEC (1), as last amended
by Decision 2001/12/EC (2).

For the Commission

David BYRNE

Member of the Commission

ANNEX I

ANNEX II

United Kingdom

United Kingdom

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 3, 6.1.2001, p. 27.