2006/765/EC: Commission Decision of 6 November 2006 repealing certain implementing acts concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption (notified under document number C(2006) 5175)   (Text with EEA relevance)
Date: 2006-11-06
Institutions: European Commission
Subjects: EC Decision, EC Directive, European Commission, animal product, food hygiene, foodstuff, health legislation, marketing, repeal

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Official Journal of the European Union

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 6 November 2006

repealing certain implementing acts concerning food hygiene and health conditions for the
production and placing on the market of certain products of animal origin intended for human
consumption

(notified under document number C(2006) 5175)

(Text with EEA relevance)

(2006/765/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

Having regard to Regulation (EC) No 853/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific hygiene rules for food of animal origin (1), and in
particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific rules for the organisation of official controls on products
of animal origin intended for human consumption (2), and in
particular Article 16 thereof,

Whereas:

(1)

animal

The
and public health rules governing the
production and placing on the market of products of
animal origin are laid down in Regulations (EC) No 852/
2004 of the European Parliament and of the Council of
29 April 2004 on the hygiene of
(EC)
No 853/2004 and (EC) No 854/2004.

foodstuffs (3),

(2) Directive 2004/41/EC of the European Parliament and of
the Council (4) repealed certain directives concerning food
hygiene and health conditions for the production and
placing on the market of certain products of animal origin

(1) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Commission Regulation (EC)
No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(2) OJ L 139, 30.4.2004, p. 206; corrected by OJ L 226, 25.6.2004,
p. 83. Regulation as last amended by Regulation (EC) No 2076/2005.
(3) OJ L 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004, p. 3.
(4) OJ L 157, 30.4.2004, p. 33; corrected by OJ L 195, 2.6.2004, p. 12.

intended for human consumption and specified that the
implementing measures adopted on the basis of these texts
would remain in force pending their replacement. For
reasons of legal certainty it is necessary formally to repeal
the implementing measures, which have been replaced by
the following acts:

— Commission Regulation (EC) No 2073/2005 of
15 November 2005 on microbiological criteria for
foodstuffs (5),

— Commission Regulation (EC) No 2074/2005 of
5 December 2005 laying down implementing mea-
sures for certain products under Regulation (EC)
No 853/2004 of the European Parliament and of the
Council and for the organisation of official controls
under Regulation (EC) No 854/2004 of the European
Parliament and of the Council and Regulation (EC)
No 882/2004 of the European Parliament and of the
Council, derogating from Regulation (EC) No 852/
2004 of the European Parliament and of the Council
and amending Regulations (EC) No 853/2004 and
(EC) 854/2004 (6),

— Commission Regulation (EC) No 2075/2005 of
5 December 2005 laying down specific rules on
official controls for Trichinella in meat (7).

(5) OJ L 338, 22.12.2005, p. 1.
(6) OJ L 338, 22.12.2005, p. 27.
(7) OJ L 338, 22.12.2005, p. 60.

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(3)

The abovementioned Regulations have applied since
11 January 2006.

(4) Council Decision 94/371/EC of 20 June 1994 laying down
specific public health conditions for the putting on the
market of certain types of eggs (1) was adopted by the
Council
the
veterinary committee. The Commission, however, retains
its implementing powers.

following the unfavourable opinion of

(5)

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

7.

8.

9.

Commission Decision 88/363/EEC of 13 June 1988
granting derogation to the United Kingdom and fixing
the equivalent health conditions to be respected in relation
to cutting of fresh meat (8).

Commission Decision 90/30/EEC of 10 January 1990
granting derogation to Spain and fixing the equivalent
health conditions to be respected in relation to cutting of
fresh meat (9).

Commission Decision 90/31/EEC of 10 January 1990
granting derogation to France and fixing the equivalent
health conditions to be respected to cutting of
fresh
meat (10).

HAS ADOPTED THIS DECISION:

Article 1

The following directives and decisions are repealed with effect
from 11 January 2006:

10. Commission Decision 90/469/EEC of 5 September 1990
granting derogation to Italy and fixing the equivalent health
conditions to be respected in relation to cutting of fresh
meat (11).

Commission Directive 83/201/EEC of 12 April 1983
establishing exceptions from Council Directive 77/99/EEC
for certain products which contain other foodstuffs and
only a small percentage of meat or meat product (2).

11. Commission Decision 90/514/EEC of 25 September 1990
the staff medical check-up scheme

recognizing that
submitted by Denmark offers equivalent guarantees (12).

Commission Decision 84/371/EEC of 3 July 1984 establish-
ing the characteristics of the special mark for fresh meat
referred to in Article 5(a) of Directive 64/433/EEC (3).

12. Commission Decision 92/92/EEC of 9 January 1992 laying
down the requirements relating to equipment and structure
of dispatch and purification centres
live bivalve
molluscs, for which derogations may be granted (13).

for

Commission Decision 87/260/EEC of 28 April 1987
granting a derogation to the Netherlands and fixing the
equivalent health conditions to be respected in relation to
cutting of fresh meat (4).

Commission Decision 87/266/EEC of 8 May 1987
recognizing that
the staff medical check-up scheme
submitted by the Netherlands offers equivalent guaran-
tees (5).

Commission Decision 87/562/EEC of 24 November 1987
granting derogation to the Federal Republic of Germany
and fixing the equivalent health conditions to be respected
in relation to cutting of fresh meat (6).

Commission Decision 88/235/EEC of 7 March 1988
granting derogation to Denmark and fixing the equivalent
health conditions to be respected in relation to cutting of
fresh meat (7).

(1) OJ L 168, 2.7.1994, p. 34.
(2) OJ L 112, 28.4.1983, p. 28.
(3) OJ L 196, 26.7.1984, p. 46.
(4) OJ L 123, 12.5.1987, p. 8.
(5) OJ L 126, 15.5.1987, p. 20.
(6) OJ L 341, 3.12.1987, p. 35.
(7) OJ L 105, 26.4.1988, p. 20.

13. Commission Decision 93/140/EEC of 19 January 1993
laying down the detailed rules relating to the visual
inspection for the purpose of detecting parasites in fishery
products (14).

14. Commission Decision 94/14/EC of 21 December 1993
setting up the list of establishments in the Community for
which are granted temporary and limited derogation from
specific Community health rules on the production and
marketing of fresh meat (15).

15. Commission Decision 94/92/EC of 17 February 1994
concerning the financial aid from the Community for the
operations of the Community Reference Laboratory for
marine biotoxins (Laboratorio del Ministerio de Sanidad y
Consumo, Vigo, Spain) (16).

(8) OJ L 177, 8.7.1988, p. 57.
(9) OJ L 16, 20.1.1990, p. 35.
(10) OJ L 16, 20.1.1990, p. 37.
(11) OJ L 255, 19.9.1990, p. 16.
(12) OJ L 286, 18.10.1990, p. 29.
(13) OJ L 34, 11.2.1992, p. 34.
(14) OJ L 56, 9.3.1993, p. 42.
(15) OJ L 14, 17.1.1994, p. 1.
(16) OJ L 46, 18.2.1994, p. 63.

1.

2.

3.

4.

5.

6.

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16. Commission Decision 94/356/EC of 20 May 1994 laying
down detailed rules for the application of Council Directive
91/493/EEC, as regards own health checks on fishery
products (1).

17. Council Decision 94/371/EC of 20 June 1994 laying down
specific public health conditions for the putting on the
market of certain types of eggs (2).

18. Commission Decision 94/383/EC of 3 June 1994 on the
criteria to be applied to establishments manufacturing meat
products without having an industrial structure or an
industrial production capacity (3).

19. Commission Decision 94/837/EC of 16 December 1994
laying down special conditions for the approval of the re-
wrapping centres referred to in Council Directive 77/99/
EEC and rules for the marketing of the products there-
from (4).

20. Commission Decision 95/149/EC of 8 March 1995 fixing
the total volatile basic nitrogen (TVB-N) limit values for
certain categories of fishery products and specifying the
analysis methods to be used (5).

21. Commission Decision 95/165/EC of 4 May 1995 establish-
ing uniform criteria for the grant of derogations to certain
establishments manufacturing milk-based products (6).

22. Commission Decision 96/536/EC of 29 July 1996 estab-
lishing the list of milk-based products in respect of which
Member States are authorised to grant individual or general
derogations pursuant to Article 8(2) of Directive 92/46/EEC
and the nature of
the derogations applicable to the
manufacture of such products (7).

23. Commission Decision 96/658/EC of 13 November 1996
laying down the special conditions for the approval of
establishments situated in wholesale markets (8).

24. Commission Decision 98/470/EC of 9 July 1998 imple-
menting Council Directive 89/662/EEC as regards informa-
tion on veterinary checks (9).

25. Commission 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
the
production and marketing of
fresh meat and Directive
71/118/EEC on health problems affecting the production
and placing on the market of fresh poultry meat (10).

for

26. Commission Decision 2002/225/EC of 15 March 2002
laying down detailed rules for the implementation of
Council Directive 91/492/EEC as regards the maximum
levels and the methods of analysis of certain marine
biotoxins in bivalve molluscs, echinoderms, tunicates and
marine gastropods (11).

27. Commission Decision 2002/477/EC 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 (12).

28. Commission Decision 2003/380/EC of 22 May 2003
granting to Sweden a derogation from Council Directive
64/433/EEC and fixing the equivalent health conditions to
be respected in relation to cutting of fresh meat (13).

29. Commission Decision 2003/774/EC of 30 October 2003
approving certain treatments to inhibit the development of
pathogenic micro-organisms
in bivalve molluscs and
marine gastropods (14).

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 6 November 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

(1) OJ L 156, 23.6.1994, p. 50.
(2) OJ L 168, 2.7.1994, p. 34.
(3) OJ L 174, 8.7.1994, p. 33.
(4) OJ L 352, 31.12.1994, p. 15.
(5) OJ L 97, 29.4.1995, p. 84.
(6) OJ L 108, 13.5.1995, p. 84.
(7) OJ L 230, 11.9.1996, p. 12.
(8) OJ L 302, 26.11.1996, p. 22.
(9) OJ L 208, 24.7.1998, p. 54.

(10) OJ L 165, 21.6.2001, p. 48.
(11) OJ L 75, 16.3.2002, p. 62.
(12) OJ L 164, 22.6.2002, p. 39.
(13) OJ L 131, 28.5.2003, p. 18.
(14) OJ L 283, 31.10.2003, p. 78.