2006/27/EC: Commission Decision of  16 January 2006  on special conditions governing meat and meat products of equidae imported from Mexico and intended for human consumption  (notified under document number C(2006) 16)   (Text with EEA relevance)
Date: 2006-01-16
Institutions: European Commission
Subjects: Mexico, exchange of information, horsemeat, human nutrition, import, meat product, veterinary drug, veterinary inspection

L 19/30

EN

Official Journal of the European Union

24.1.2006

COMMISSION DECISION

of 16 January 2006

on special conditions governing meat and meat products of equidae imported from Mexico and
intended for human consumption

(notified under document number C(2006) 16)

(Text with EEA relevance)

(2006/27/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
third countries (1), and in particular Article 22(1) thereof,

Having regard to Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 laying down
the general principles and requirements of food law, establishing
the European Food Safety Authority
and laying down
food safety (2), and in particular
procedures in matters of
Article 53(1) thereof,

Whereas:

(1)

(2)

In accordance with Directive 97/78/EC and Regulation
the necessary measures must be
(EC) No 178/2002,
adopted as
from third
imports of products
regards
countries that are likely to cause any serious hazard for
animal or human health or where such a hazard is
spreading.

Council Directive 96/22/EC of 29 April 1996 concerning
the prohibition on the use in stockfarming of certain
substances having a hormonal or thyrostatic action and
of beta-agonists, and repealing Directives 81/602/EEC,
88/146/EEC and 88/299/EEC (3) prohibits imports from
third countries of animals and of meat and meat
products obtained
to which such
from animals
substances have been administered, except in the case
or
administration
of
zootechnical treatment.

therapeutic

purposes

for

(1) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004,
p. 1).

(2) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(3) OJ L 125, 23.5.1996, p. 3. Directive as last amended by Directive
2003/74/EC of the European Parliament and of the Council
(OJ
L 262, 14.10.2003, p. 17).

Council Regulation (EEC) No 2377/90 of 26 June 1990
laying down a Community procedure for the estab-
limits of veterinary
lishment of maximum residue
medicinal products in foodstuffs of animal origin (4)
provides for a list of substances that cannot be used
for meat production and a list of substances for which
maximum residue limits have been fixed. It also provides
for a list of certain veterinary medicinal products for
which provisional maximum residue limits have been
fixed. Those products could be present in meat from
equidae.

to Mexico has
The latest Community inspection visit
revealed serious shortcomings in the capacity of
the
Mexican authorities to carry out reliable checks of meat
of equidae, in particular to detect substances prohibited
by Directive 96/22/EC.

That
inspection also revealed serious shortcomings as
regards controls of the market in veterinary medicines,
including non-authorised products. Those shortcomings
enable prohibited substances to be used easily in horse-
meat production. Those substances could therefore be
present
in the meat and meat products of equidae
intended for human consumption. The presence of
those substances in food presents a potential serious
risk for human health.

Member States should carry out the appropriate controls
on meat and meat products of equidae imported from
Mexico on arrival at the Community border in order to
prevent such meat and meat products of equidae that are
unfit for human consumption from being placed on the
market.

Regulation (EC) No 178/2002 sets up the rapid alert
system, which should be used to implement the mutual
information requirement provided for in Article 22(2) of
Directive 97/78/EC. In addition, Member States will keep
the Commission informed through periodical reports of
all analytical results of official controls carried out in
respect of consignments of meat and meat products of
equidae from Mexico.

(4)

(5)

(6)

(7)

(4) OJ L 224, 18.8.1990, p. 1. Regulation as

(EC) No 1518/2005 (OJ

last amended by
L 244,

Commission Regulation
20.9.2005, p. 11).

24.1.2006

EN

Official Journal of the European Union

L 19/31

(8)

(9)

This Decision should be reviewed in the light of the
guarantees offered by the competent Mexican authorities
and on the basis of the results of the tests carried out by
Member States.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision shall apply to meat and meat products of equidae
imported from Mexico and intended for human consumption
(meat and meat products of equidae).

Article 2

Official controls

ensure

1. Member States shall, using appropriate sampling plans and
detection methods,
in accordance with Directive
96/22/EC that each consignment of meat and meat products
of equidae undergoes hazard-based official controls in particular
for the presence of certain substances having a hormonal action
and beta-agonists used for growth promotion purposes.

to the Commission every
2. Member States shall submit
three months a report of all analytical
results of official
controls on consignments of products covered by paragraph
1. This report shall be submitted during the month following
each quarter (April, July, October, and January).

Article 3

Charging of expenditure

All expenditure incurred in the application of this Decision shall
be charged to the consignor, the consignee or the agent of
either.

Article 4

Compliance

Member States shall immediately inform the Commission of the
measures they take to comply with this Decision.

Article 5

Review

This Decision shall be reviewed on the basis of the guarantees
provided by the competent Mexican authorities and of
the
results of the official controls referred to in Article 2.

Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 16 January 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission