2001/208/EC: Commission Decision of 14 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in France (Text with EEA relevance) (notified under document number C(2001) 750)
Date: 2001-03-14
Institutions: European Commission
Subjects: France, export restriction, foot-and-mouth disease, live animal, meat product, milk product

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COMMISSION

COMMISSION DECISION

of 14 March 2001

concerning certain protection measures with regard to foot-and-mouth disease in France

(notified under document number C(2001) 750)

(Text with EEA relevance)

(2001/208/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)

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 to foot-and-mouth disease in the
United Kingdom (4), as last amended by Decision 2001/
190/EC (5),

Outbreaks of foot-and-mouth disease have been declared
in France.

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

France has taken measures in the framework of Council
Directive 85/511/EEC of 18 November 1985 intro-
ducing Community measures
control of
foot-and-mouth disease (6), as last amended by the Act

the

for

(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 62, 2.3.2001, p. 22.
(5) OJ L 67, 9.3.2001, p. 88.
(6) OJ L 315, 26.11.1985, p. 11.

of Accession of Austria, Finland and Sweden, and
furthermore has introduced further measures within the
affected areas,
including the measures laid down in
Decision 2001/172/EC.

The disease situation in France requires reinforcing the
control measures for foot-and-mouth disease taken by
France by adopting,
in close cooperation with the
Member State concerned, additional Community protec-
tive measures.

Certain categories of treated products of animal origin
it
do not present a risk of spreading the disease,
appeared therefore appropriate to include provisions
allowing trade in such products under the conditions
that adequate certification is ensured.

The situation shall be reviewed at the meeting of the
Standing Veterinary Committee scheduled for 20 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,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

Without prejudice to the measures taken by France within the
framework of Council Directive 85/511/EEC, France 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;

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Derogating 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 (1), as last amended by Directive 2000/20/EC (2),
accompanying live bovine and porcine animals and in
Council Directive 91/68/EEC (3),
amended by
Commission Decision 94/953/EC (4), accompanying live
ovine and caprine animals consigned from parts of the
territory of France not listed in Annex I and Annex II to
other Member States shall bear the following words:

last

as

conforming to Commission Decision 2001/
‘Animals
208/EC of 14 March 2001 concerning certain protection
measures with regard to foot-and-mouth disease in France’;

4. the health certificates accompanying biungulates, other than
those covered by the certificates mentioned in paragraph 3,
consigned from parts of the territory of France not listed in
Annex I and Annex II to other Member States shall bear
the following words:

‘Live biungulates conforming to Commission Decision
2001/208/EC of 14 March 2001 concerning certain protec-
tion measures with regard to foot-and-mouth disease in
France’.

5. the movement to other Member States of animals accompa-
nied 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.

immediate
Annex I outside the protection zone for
slaughter. Such meat shall only be placed on the market in
France;

(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 (5) on health conditions for the
last
production and marketing of
amended by Directive 95/23/EC (6),

fresh meat, as

— 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 dispatch 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 France 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 2001/208/EC of 14
March 2001 concerning certain protection measures with
regard to foot-and-mouth disease in France’.

Article 2

Article 3

1.
France shall not dispatch fresh meat of the bovine, ovine,
caprine and porcine species and other biungulates coming
from those parts of its territory listed in Annex I or obtained
from animals originating in those parts of France;

The prohibitions provided for in paragraph 1 shall not

2.
apply to:

(a) fresh meat obtained before 16 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 transported in derogation to Article
1(1) directly and under official control in sealed means of
transport to a slaughterhouse situated in the area listed in

(1) OJ 121, 29.7.1964, p. 1977/64.
(2) OJ L 163, 4.7.2000, p. 35.
(3) OJ L 46, 19.2.1991, p. 19.
(4) OJ L 371, 31.12.1994, p. 14.

1.
France shall not dispatch meat products of animals of the
bovine, ovine, caprine and porcine species and other biungu-
lates coming from those parts of France listed in Annex I or
prepared using meat obtained from animals originating in
those parts of France.

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 (7),
as last amended by Council Directive 91/687/EEC (8), or to
meat products as defined in Council Directive 77/99/EEC (9), as
last amended by Council Directive 97/76/EC (10), 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.

(5) OJ 121, 29.7.1964, p. 2012/64. Directive updated by Directive 91/

497/EEC (OJ L 268, 24.9.1991, p. 69).

(6) OJ L 243, 11.10.1995, p. 7.
(7) OJ L 47, 21.2.1980, p. 4.
(8) OJ L 377, 31.12.1991, p. 16.
(9) 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).

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

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The prohibitions described in paragraph 1 shall not apply

3.
to:

(a) meat products prepared from meat derived from biungulate
animals slaughtered before 16 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 dispatch 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,

— 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 dispatch 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 16
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 France to other Member
States shall be accompanied by an official certificate. The certif-
icate shall bear the following words:

‘Meat products conforming to Commission Decision 2001/
208/EC of 14 March 2001 concerning certain protection meas-
ures with regard to foot-and-mouth disease in France’.

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 or have been processed in an establishment
operating HACCP (1) and an auditable standard operating
procedure which ensures that standards for treatment are met
and recorded that compliance with the conditions required for
laid down in paragraph 2 is stated in the
the treatment
consignment,
accompanying
document
commercial
endorsed in accordance with Article 9.

the

Article 4

1.
France shall not dispatch milk intended or not intended
for human consumption from those parts of its territory listed
in Annex I.

2.
The prohibitions described in paragraph 1 shall not apply
to milk intended or not intended for human consumption
which has been subjected to at least:

(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 dispatch 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.

(1) HACCP = Hazard Analysis and Critical Control Points.

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

‘Milk conforming to Commission Decision 2001/208/EC of 14
March 2001 concerning certain protection measures with
regard to foot-and-mouth disease in France’.

— 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;

5.
Derogating from the provisions in paragraph 4 it shall be
sufficient in the case of milk which conforms to the require-
ments of paragraph 2(a) or (b) and is consigned in hermetically
sealed containers or has been processed in an establishment
operating HACCP and an auditable standard operating proce-
dure 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
consignment,
accompanying
document
endorsed in accordance with Article 9.

the

Article 5

France shall not dispatch milk products intended or not
1.
intended for human consumption from those parts of its terri-
tory listed in Annex I.

The prohibitions described in paragraph 1 shall not apply
intended for human

intended or not

2.
to milk products
consumption:

(a) produced before 16 February 2001;

(b) prepared from milk complying with the provisions in

Article 4(2) or (3);

(c) subject to a heat treatment at a temperature of at least
72 °C for at least 15 seconds, on the understanding that
such treatment was not necessary for finished products the
ingredients of which comply with the respective animal
health conditions laid down in this Decision;

(d) for export to a third country where import conditions
permit such products to be subject to treatment other than
laid down in this Decision.

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,

— 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 dispatch outside the
areas mentioned in Annex I,

(b) milk products prepared in the parts of the territory outside
the areas mentioned in Annex I using milk obtained before
16 February 2001 from parts of the territory mentioned
in Annex I provided that the milk products are clearly
identified and transported and stored separately from milk
products which are not destined for dispatch outside the
areas mentioned in Annex I.

4. Milk products consigned from France to other Member
States shall be accompanied by an official certificate. The certif-
icate shall bear the following words:

‘Milk products conforming to Commission Decision 2001/
208/EC of 14 March 2001 concerning certain protection meas-
ures with regard to foot-and-mouth disease in France’.

5.
Derogating from the provisions in paragraph 4 it shall be
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 establishment
operating HACCP and an auditable standard operating proce-
dure 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 accompa-
nying the consignment, endorsed in accordance with Article 9.

Article 6

1.
France shall not send semen, ova and embryos of the
bovine, ovine, caprine and porcine species and other biungu-
lates from those parts of its territory listed in Annex I to other
parts of France.

2.
France shall not dispatch semen, ova and embryos of the
bovine, ovine, caprine and porcine species and other biungu-
lates from those parts of its territory listed in Annex I and
Annex II.

This prohibition shall not apply to frozen bovine semen

3.
and embryos produced before 16 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 France to other Member States shall
bear the following words:

‘Frozen bovine semen conforming to Commission Decision
2001/208/EC of 14 March 2001 on certain protection meas-
ures with regard to foot-and-mouth disease in France’.

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

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The health certificate provided for in Council Directive
5.
89/556/EEC (1), as last amended by the Act of Accession of
Austria, Finland and Sweden, and accompanying bovine
embryos consigned from France to other Member States shall
bear the following words:

‘Bovine embryos conforming to Commission Decision 2001/
208/EC of 14 March 2001 on certain protection measures with
regard to foot-and-mouth disease in France’.

Article 7

France shall not dispatch hides and skins of bovine,
1.
ovine, caprine and porcine species and other biungulates from
those parts of its territory listed in the Annex I.

This prohibition shall not apply to hides and skins which
2.
were produced before 16 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 1 to
Directive 92/118/EEC. Care must be taken to separate effec-
tively treated hides and skins from untreated hides and skins.

3.
France shall ensure that hides and skins of bovine, ovine,
caprine and porcine species and other biungulates 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/
208/EC of 14 March 2001 on certain protection measures with
regard to foot-and-mouth disease in France’.

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

France shall not dispatch animal products of the bovine,
1.
ovine, caprine and porcine species and other biungulates not
mentioned in Articles 2, 3, 4, 5, 6 and 7 produced after the 16
February 2001 from those parts of
its territory listed in
Annex I.

France shall not dispatch dung and manure from those parts of
its territory listed in Annex I.

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

The prohibitions mentioned in paragraph 1 first subpara-

2.
graph shall not apply to:

(a) animal products referred to in paragraph 1 first subpara-

graph 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 Council Directive 92/118/EEC which have been
subject to at least one of the following treatments:

— 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
to Directive 92/118/EEC apply

Chapter 2 of Annex I
mutatis mutandis;

(e) sheep wool, ruminant hair and pigs bristles which have
undergone factory washing or have been obtained from
tanning and unprocessed sheep wool, ruminant hair and
pigs bristles which are 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;

(h) game trophies in accordance with paragraph 2 (b) of part B
in Chapter 13 of Annex I to Directive 92/118/EEC.

France shall ensure that the animal products mentioned
3.
in paragraph 2 to be sent to other Member States shall be
accompanied by an official
the
following words:

certificate which bears

‘Animal products conforming to Commission Decision 2001/
208/EC of 14 March 2001 concerning certain protective meas-
ures with regard to foot-and-mouth disease in France’.

Derogating from the provisions in paragraph 3 it shall be
4.
sufficient in the case of products mentioned in paragraphs 2
(b), (c) and (d) 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.

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Derogating from the provisions in paragraph 3 it shall be
5.
sufficient in the case of products mentioned in paragraph 2 (e)
to be accompanied by a commercial document stating either
the factory washing or origin from tanning or compliance with
the conditions laid down in paragraphs 2 and 4 of Chapter 15
of Annex I to Directive 92/118/EEC.

6.
Derogating from the provisions in paragraph 3 it shall be
sufficient in the case of products mentioned in paragraph 2 (g)
which have been produced in an establishment operating
HACCP and an auditable standard operating procedure which
ensures that pre-processed ingredients comply with the respec-
tive animal health conditions laid down in this Decision and
that this is stated on the commercial document accompanying
the consignment, endorsed in accordance with Article 9.

Article 9

Where reference is made to this Article, the competent authori-
ties of France shall ensure that
the commercial document
required by Community legislation for intra-Community trade
be endorsed by the attachment of a copy of an official certifi-
cate 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 or that the products concerned have been
produced from pre-processed materials which had been certi-
fied accordingly, 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.

leaving the areas included in Annex II, and shall furnish proof
of such disinfection.

Article 11

The restrictions laid down in Articles 3, 4, 5 and 8 shall not
apply to the dispatch from the parts of the territory of France
listed in Annex I of the products referred to in Articles 3, 4, 5
and 8,

if such products were:

— either not produced in France and remained in their orig-
inal packaging indicating the country of origin of the prod-
ucts, or

— produced in an approved establishment situated in the parts
of the territory of France listed in Annex I from pre-
processed products not originating from these areas, which
have been since introduction onto the territory of France
transported, stored and processed separately from products
which are not destined for dispatch outside the areas
mentioned in Annex I and are accompanied by a commer-
cial document or official certificate as required by this
Decision.

Article 12

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 13

This Decision shall apply until midnight on 27 March 2001.

Article 14

Article 10

This Decision is addressed to the Member States.

1.
France shall ensure that vehicles which have been used in
the areas listed in Annex I for the transport of live animals are
cleaned and disinfected after each operation, and shall furnish
proof of such disinfection.

2.
France shall ensure that lorries used for the collection of
milk which have been on a holding where animals of suscep-
tible species are kept are cleaned and disinfected prior to

Done at Brussels, 14 March 2001.

For the Commission

David BYRNE

Member of the Commission

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In France the departments of:

Mayenne, Orne

ANNEX I

ANNEX II

In France the departments of:

All departments of mainland France except those in Annex I