2001/305/EC: Commission Decision of 11 April 2001 on marking and use of certain animal products in relation to Decision 2001/223/EC concerning certain protection measures with regard to foot-and-mouth disease in the Netherlands (Text with EEA relevance) (notified under document number C(2001) 1117)
Date: 2001-04-11
Institutions: European Commission
Subjects: EC conformity marking, Netherlands, foot-and-mouth disease, health legislation, meat, veterinary legislation

13.4.2001

EN

Official Journal of the European Communities

L 104/9

COMMISSION DECISION

of 11 April 2001

on marking and use of certain animal products in relation to Decision 2001/223/EC concerning
certain protection measures with regard to foot-and-mouth disease in the Netherlands

(notified under document number C(2001) 1117)

(Text with EEA relevance)

(2001/305/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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,

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 certain other 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 Netherlands,
the Commission adopted
Decision 2001/223/EC concerning certain protection
measures with regard to foot-and-mouth disease in the
Netherlands (8), as last amended by Decision 2001/
…/EC (9).

(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, 24.9.1991, 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 82, 22.3.2001, p. 29.
(9) C(2001)1115.

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
last
the control of
amended by the Act of Accession of Austria, Finland
and Sweden.

foot-and-mouth disease (10), as

The disease situation in the Netherlands requires restric-
tions to remain in place for a prolonged period with
consequent problems due to the increasing numbers of
susceptible animals intended for slaughter kept in hold-
ings not affected by foot-and-mouth disease.

to prohibition pursuant

Council Directive 72/461/EEC on health problems
affecting intra-Community trade in fresh meat (11), as last
amended by the Act of Accession of Austria, Finland
and Sweden, requires that meat obtained from animals
from a holding or area which for health reasons is
subject
to Article 3(2)(b) of
Council Directive 64/432/EC on animal health problems
affecting intra-Community trade in bovine animals and
swine (12), as last amended by Council Directive 2000/
20/EC (13), shall not be sent from the territory of one
Member State to the territory of another Member State
and that such meat may not bear the Community health
mark unless this health mark is superimposed by a
cross.

Council Directive 80/215/EEC on animal health prob-
lems affecting intra-Community trade in meat prod-
ucts (14), 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 be marked in
accordance with Chapter VI of Annex B of Directive
77/99/EEC, after such meat has undergone certain treat-
ment.

(3)

(4)

(5)

(10) OJ L 315, 26.11.1985, p. 11.
(11) OJ L 302, 31.12.1972, p. 34.
(12) OJ 121, 29.7.1964, p. 1977/64.
(13) OJ L 163, 4.7.2000, p. 35.
(14) OJ L 47, 21.2.1980, p. 4.

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13.4.2001

(6)

(7)

(8)

(9)

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 a case-by-case basis in accordance
with the procedure laid down in Article 16 of that
Directive. Furthermore, Article 6(1)(h) of Directive 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.

Article 3(A)(7), second indent, of Council Directive 77/
99/EEC requires meat products made from meat which
must be marketed locally to be marked with a mark to
be determined in accordance with the procedure laid
down in Article 20 of Directive 77/99/EEC.

Article 3(1)(f) of Council Directive 91/495/EEC of 27
November 1990 concerning public health and animal
health problems affecting the production and placing on
the market of rabbit meat and farmed game meat (1), as
last amended by Directive 94/65/EC (2), provides for the
health marking of farmed game meat.

Commission Decision 2001/223/EC prohibits, with the
exception of meat obtained from animals slaughtered
before 20 February 2001, dispatch of
fresh meat
obtained from animals of the bovine, ovine, caprine and
porcine species and other biungulates originating in the
areas listed in Annex I of that Decision and meat prod-
ucts produced from such meat, except after certain treat-
ment.

(10)

It is therefore the purpose of this Decision to determine
the health mark applied to fresh meat obtained from
susceptible animals and to meat products made from
such meat which, in accordance with Community legis-
lation concerning foot-and-mouth disease
are not
eligible for intra-Community trade and moreover the
conditions under which such health marks can be
applied.

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 and porcine species and fresh meat
meeting the requirements of Article 6 of Directive 91/
495/EEC and obtained from other biungulates originating in
the areas of the Netherlands listed in Annex I of Decision
2001/223/EC and processed after a date to be notified to
the Commission and other Member States in accordance
with Article 3 is not marked with the health mark provided
for in Chapter XI of Annex I of Directive 64/433/EEC or in
Chapter III of Annex I of 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 in Chapter 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 the colours mentioned in Article 2(8)
of Directive 94/36/EC (3) except E129 Allura Red AC.

4. Notwithstanding paragraph 1, and in so far as it is not
intended for intra-Community trade, where fresh meat is
wrapped in commercial portions intended for direct sale to
the consumer, the meat referred to in 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
the special mark referred to in paragraph 2 is applied in
addition. The dimension requirements of the Annex need
not apply to the mark required under the provisions of this
paragraph.

Article 2

(11)

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

The Netherlands shall ensure that:

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 Nether-
lands 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 Chapter VI of Annex B of that
Directive, and in particular is not oval.

By derogation from the first subparagraph, meat products
made from fresh meat marked in accordance with Article
1(2) of this Decision and treated in accordance with Article
3(2) of Commission Decision 2001/172/EC may be marked
with the health mark provided for in Chapter VI of Annex B
of Directive 77/99/EEC and dispatched from the areas in the
Netherlands listed in Annex I of Decision 2001/223/EC in
accordance with the provisions in Article 3(4), (5) and (6) of
Decision 2001/172/EC.

(1) OJ L 268, 24.9.1991, p. 41.
(2) OJ L 368, 31.12.1994, p. 10.

(3) OJ L 237, 19.9.1994, p. 13.

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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 Directive 77/
99/EEC, provided that the special mark referred to in para-
graph 2 is applied in addition.

ovine, caprine and porcine species and other biungulates
originating from holdings in the areas of the Netherlands listed
in Annex I of Decision 2001/223/EC outside protection and
surveillance zones as defined in Article 9(1) and (2) of Council
Directive 85/511/EEC until that date.

This Decision is addressed to the Member States.

Article 4

Article 3

Done at Brussels, 11 April 2001.

The Netherlands
shall notify the Commission and other
Member States of the date on which marking of fresh meat in
accordance with Article 1 will commence and shall not permit
the slaughter for human consumption of animals of the bovine,

For the Commission

David BYRNE

Member of the Commission

Dimensions:

ANNEX

NL = 7 mm
Establishment No = 10 mm
Circle outer diameter = 50 mm

Line thickness of circle = 3 mm(cid:1)NL

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