2002/477/EC: Commission Decision of 20 June 2002 laying down public health requirements for fresh meat and fresh poultrymeat imported from third countries, and amending Decision 94/984/EC (Text with EEA relevance) (notified under document number C(2002) 2196)
Date: 2002-06-20
Institutions: European Commission
Subjects: fresh meat, health control, import, poultrymeat, third country

22.6.2002

EN

Official Journal of the European Communities

L 164/39

COMMISSION

COMMISSION DECISION

of 20 June 2002

laying down public health requirements for fresh meat and fresh poultrymeat imported from third
countries, and amending Decision 94/984/EC

(notified under document number C(2002) 2196)

(Text with EEA relevance)

(2002/477/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 71/118/EEC of 15 February
1971 on health problems affecting the production and placing
on the market of fresh poultrymeat (1), as last amended by
Directive 97/79/EC (2), and in particular Article 14(B)(2)(b)
thereof,

Having regard to Council Directive 72/462/EEC of 12
December 1972 on health and veterinary inspection problems
upon importation of bovine animals and swine and fresh meat
from third countries (3), as last amended by Regulation (EC) No
1452/2001 (4), and in particular Article 16(1) thereof,

Whereas:

(1)

The public health requirements contained in Commis-
sion Decision 2001/471/EC of 8 June 2001 laying down
rules for the regular checks on the general hygiene
carried out by the operators in establishments according
to Directive 64/433/EEC on health conditions for the
production and marketing of fresh meat and Directive
71/118/EEC on health problems affecting the produc-
tion and placing on the market of fresh poultrymeat (5)
should also apply to imports from third countries.

(2)

For that purpose, firstly, the third country rules with
regard to the implementation of regular checks on the
general hygiene carried out by operators exporting fresh

(1) OJ L 55, 8.3.1971, p. 23.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 302, 31.12.1972, p. 28.
(4) OJ L 198, 21.7.2001, p. 11.
(5) OJ L 165, 21.6.2001, p. 48.

poultrymeat or fresh meat to the Community should be
taken into account when considering the fulfilment of
the criteria set forth under Article 15 of Directive 71/
118/EEC and under Article 3(2) of Directive 72/
462/EEC, for the listing of the third country concerned.

Secondly, the implementation of such checks by the
operators concerned should be taken into account when
considering their inclusion in the lists of establishments
provided for under Article 14(B)(2) of Directive 71/
118/EEC and under Article 4(1) of Directive 72/
462/EEC.

Thirdly, the guarantees to be provided under Article
14(B)(1)(b) of Directive 71/118/EEC, and under Article
4(2)(a) of Directive 72/462/EEC, should be included in
the attestations of health included into the model certi-
ficates provided for by Articles 14(B) of Directive 71/
118/EEC and Article 22 of Directive 72/462/EEC respec-
tively, at the earliest opportunity.

Directive 71/118/EEC provides for the establishment of
a list of establishments, satisfying specific requirements
of Community legislation.

A provisional
list of establishments is contained in
Commission Decision 97/4/EC of 12 December 1996
drawing up provisional lists of third country establish-
ments from which the Member States authorise imports
of fresh poultrymeat (6), as last amended by Decision
2001/400/EC (7).

(3)

(4)

(5)

(6)

(6) OJ L 2, 4.1.1997, p. 6.
(7) OJ L 140, 24.5.2001, p. 70.

L 164/40

EN

Official Journal of the European Communities

22.6.2002

(7)

(8)

(9)

Commission Decision 94/984/EC of 20 December 1994
laying down animal health conditions and veterinary
certificates for the importation of
fresh poultrymeat
from certain third countries (1), as last amended by
Decision 2001/659/EC (2), was amended by Decision
2001/598/EC (3), inter alia to introduce into the animal
and public health certificates the model of the public
health declaration for the importation of fresh poultry-
meat from third countries, required by Article 14(B)(1)(c)
of Directive 71/118/EEC. Decision 94/984/EC should
now be further amended to supplement the said model
declaration in accordance with the objectives of
the
present Decision. It is also appropriate to rectify simulta-
neously a material error in Annex III to that Decision.

Directive 72/462/EEC provides that, without prejudice
to the animal health requirements set out in Articles 14
that Directive, Member States must not
and 15 of
authorise importation of
from a third
fresh meat
country unless the meat complies with public health
requirements to be adopted. Article 17(2)(c) of
that
Directive provides that the fresh meat must have been
treated according to the hygiene conditions in accord-
ance with Council Directive 64/433/EEC (4). Article 4
provides for the drawing up of lists of establishments,
the compliance of which with the provisions of the
Directive and with the hygiene conditions required
under Directive 64/433/EEC is to be assessed according
to criteria provided for under paragraph 2 of the same
Article, and which may by amended or supplemented by
the Commission in line with the result of the inspections
provided for in Article 5.

The animal health conditions and veterinary certification
requirements for the importation of fresh meat from a
number of countries, have been established on the basis
of Article 16 of Directive 72/462/EEC in a number of
Commission Decisions which should be recast in a near
future; by that time, it shall be appropriate to introduce
into the attestation of health included in the model
certificates, the same public health attestation as intro-
duced by the present Decision for fresh poultrymeat.

(10)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

control points principles and on microbiological controls as
necessary, carried out by operators exporting fresh poultrymeat
or fresh meat to the Community.

Article 2

When inspections are carried out pursuant to Directive 71/
118/EEC and Directive 72/462/EEC in order to determine
whether an establishment complies with the provisions of
those Directives and of Annex I to Directive 64/433/EEC and
may therefore be included in the list provided for in Article
14(B)(2) of Directive 71/118/EEC and Article 4(1) of Directive
72/462/EEC,
implementation by the operators concerned of
the requirements of Decision 2001/471/EC shall be taken into
account.

Article 3

Decision 94/984/EC is amended as follow:

1. In Annex II, point 15 (models A and B), section II (public
health certification) the following new point 5 is added:

‘5. That

imple-
the meat comes from an establishment
menting checks on the general hygiene in accordance
with the provisions of Commission Decision 2001/
471/EC (1)

(1) OJ L 165, 21.6.2001, p. 48.’

2. In Annex III, the words ‘The health mark referred to in
Article 2’ are replaced by ‘The health mark referred to in
Article 1(2)’.

Article 4

This Decision shall apply with effect from 8 June 2003.

When considering whether a given third country fulfils the
criteria set out in Article 15 of Directive 71/118/EEC and
Article 3(2) of Directive 72/462/EEC in order to be included
on the list drawn up in accordance with those Directives, or
when an inspection is carried out in a given third country
pursuant to Article 14 of Directive 71/118/EEC or Article 5
from the
of Directive 72/462/EEC,
date of adoption of
the
this Decision,
preparatory steps taken by that country with a view to fulfil-
ling the requirements of this Decision from 8 June 2003.

the Commission shall,

take into account

HAS ADOPTED THIS DECISION:

Article 5

Article 1

This Decision is addressed to the Member States.

When considering whether a given third country fulfils the
criteria set out in Article 15 of Directive 71/118/EEC and
Article 3(2) of Directive 72/462/EEC in order to be included on
the list drawn up in accordance with those Directives, the
Commission shall take into account the rules of that third
country with regard to the implementation of regular checks
on the general hygiene, based on hazard analysis and critical

Done at Brussels, 20 June 2002.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 378, 31.12.1994, p. 11.
(2) OJ L 232, 30.8.2001, p. 19.
(3) OJ L 210, 3.8.2001, p. 37.
(4) OJ 121, 29.7.1964, p. 2012/64.