2002/49/EC: Commission Decision of 23 January 2002 amending for the second time Decision 2001/304/EC on marking and use of certain animal products in relation to Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (Text with EEA relevance) (notified under document number C(2002) 293)
Date: 2002-01-23
Institutions: European Commission
Subjects: EC conformity marking, United Kingdom, foot-and-mouth disease, health legislation, meat, meat product

L 21/30

EN

Official Journal of the European Communities

24.1.2002

COMMISSION DECISION

of 23 January 2002

amending for the second time Decision 2001/304/EC on marking and use of certain animal
products in relation to Decision 2001/172/EC concerning certain protection measures with regard
to foot-and-mouth disease in the United Kingdom

(notified under document number C(2002) 293)

(Text with EEA relevance)

(2002/49/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 of 26 June
1964 on health conditions for the production and marketing
of fresh meat (4), 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 of 21 December
1976 on health problems affecting the production and
marketing of meat products and certain other products of
animal origin (6), 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 United Kingdom, the Commission adopted
Decision 2001/740/EC of 19 October 2001 concerning
certain protection measures with regard to foot-and-
mouth disease in the United Kingdom (8), as
last
amended by Decision 2002/37/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 277, 20.10.2001, p. 30.
(9) OJ L 15, 17.1.2002, p. 34.

and subse-
Commission Decision 2001/172/EC (10)
quently Decision 2001/356/EC (11) and 2001/740/EC
restricted the dispatch from Great Britain of fresh meat
of susceptible animals and meat products produced from
such meat unless certain conditions are complied with.

The Commission therefore adopted Decision 2001/
304/EC of 11 April 2001 on marking and use of certain
animal products in relation to Decision 2001/172/EC
concerning certain protection measures with regard to
foot-and-mouth disease in the United Kingdom (12), as
last amended by Decision 2001/345/EC (13).

The last outbreak of foot-and-mouth disease in Great
Britain was recorded on 30 September 2001, more than
3 months ago, and the serological surveillance carried
out in order to substantiate the release of disease related
restrictions has been completed throughout Great
Britain.

The improved animal health situation now allows to
withdraw the majority of restrictions in particular those
applicable to dispatch from Great Britain of products of
animal origin and most of the live animals of susceptible
species.

However, as a matter of precaution, the situation still
requires to maintain strict controls on the dispatch of
meat and meat products not eligible for trade which was
derived from animals of susceptible species slaughtered
between 1 February 2001, the date of possible virus
introduction, and 23 April 2001, the date notified in
accordance with Article 3 of Decision 2001/304/EC.

(3)

(4)

(5)

(6)

(7)

Decision 2001/304/EC should be amended accordingly.

(8)

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

(10) OJ L 62, 2.3.2001, p. 22.
(11) OJ L 125, 5.5.2001, p. 46.
(12) OJ L 104, 13.4.2001, p. 6.
(13) OJ L 122, 3.5.2001, p. 31.

24.1.2002

EN

Official Journal of the European Communities

L 21/31

HAS ADOPTED THIS DECISION:

Article 1

may be marked with the health mark provided for in
Chapter XI of Annex I to Directive 64/433/EEC or in
Chapter III of Annex I to Directive 91/495/EEC.’

Decision 2001/304/EC is amended as follows:

3. In Article 2 point 1, the second subparagraph is replaced by

1. In Article 1, point 1 is replaced by the following:

‘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
the bovine, ovine, caprine and porcine
animals of
species, fresh meat meeting the requirements of Article 6
of Directive 91/495/EEC and obtained from other biun-
gulates originating in Great Britain, and meat processed
in Great Britain during the period running from 1
February 2001 to the date of coming into force of the
present Decision shall not be marked with the health
mark provided for in Chapter XI of Annex I to Directive
64/433/EEC or in Chapter III of Annex I to Directive
91/495/EEC.’

2. In Article 1, point 5 is replaced by the following:

‘5. By derogation from point 1, meat eligible for dispatch
from Great Britain in accordance with Commission
Decisions 2001/172/EC, 2001/356/EC or 2001/740/EC

the following:

‘By derogation from the first subparagraph, meat products
which have undergone one of the treatments laid down in
Article 4(1) of Council Directive 80/215/EEC, or which have
been subjected during preparation uniformly throughout
the substance to a pH value of less than 6, may be marked
with the health mark provided for in Chapter VI of Annex B
to Directive 77/99/EEC.’

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 23 January 2002.

For the Commission

David BYRNE

Member of the Commission