2007/118/EC: Commission Decision of 16 February 2007 laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC (notified under document number C(2007) 422) (Text with EEA relevance )
Date: 2007-02-16
Institutions: European Commission
Subjects: animal product, food safety, health control, health legislation, labelling, poultrymeat

20.2.2007

EN

Official Journal of the European Union

L 51/19

COMMISSION

COMMISSION DECISION

of 16 February 2007

laying down detailed rules in relation to an alternative identification mark pursuant to Council
Directive 2002/99/EC

(notified under document number C(2007) 422)

(Text with EEA relevance)

(2007/118/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having
Community,

regard to the Treay

establishing

the European

Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the
animal health rules
governing the production, processing, distribution and intro-
duction
human
consumption (1), and in particular the second subparagraph of
Article 4(1) thereof,

products

animal

origin

for

of

of

Having regard to Council Directive 2005/94/EC of 20
December 2005 on Community measures for the control of
avian influenza and repealing Directive 92/40/EEC (2), and in
particular Article 23(1)(g) thereof,

Whereas:

(1)

(2)

(3)

Directive 2002/99/EC lays down conditions to ensure
that at all stages of the production, processing and distri-
bution of products of
animal origin within the
Community do not cause any spread of diseases trans-
missible to animals. To this end it does not only list
the
various disease-related treatments
causative pathogen but
the
specific marking of such restricted products.

to inactivate
first of all provides for

The Directive, however, also provides for the possibility
to lay down specific rules for its application, including
the
identification mark
required for meat not authorised for placing on the
market for animal health reasons.

establishment of

special

a

Directive 2005/94/EC of 20 December 2005 on
Community measures for the control of avian influenza
and repealing Directive 92/40/EEC, and in particular
Article 23(1)(g) thereof, provides that poultry meat origi-
nating from holdings located in protection zones must
not enter into intra-Community or international trade.
reason such meat must, unless decided
For
otherwise, bear the mark provided for in Annex II of
Directive 2002/99/EC.

that

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 10, 14.1.2006, p. 16.

for

the

Council Directive 92/66/EEC of 14 July 1992 intro-
ducing Community measures
control of
Newcastle disease (3) and in particular Article 9(2)(f)(i)
requires that meat derived from
and paragraph 4(c)
surveillance
poultry originating from protection or
it
zones does not enter
bears a mark which corresponds to the special identifi-
cation mark provided for
in Annex II of Directive
2002/99/EC.

intra-Community and that

(5)

(6)

(7)

Certain Member States have informed the Commission
that that identification mark has been poorly accepted by
operators and customers in the industry. Accordingly, it
is appropriate to provide for an alternative identification
mark that Member States may decide to apply, instead of
the mark provided for
to Directive
2002/99/EC. However, in the interests of controls, it is
important that Member States inform the Commission
beforehand, if they decide to apply the alternative identi-
fication mark in case of an outbreak of avian influenza
or Newcastle disease.

in Annex II

Regulation (EC) No 853/2004 of
European
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (4),
provides for an identification mark to be applied to
certain meat of animal origin intended for placing on
the market.

the

the

the European Parliament and of

Commission Regulation (EC) No 2076/2005 of 5
December 2005 laying down transitional arrangements
for
(EC) No
implementation of Regulations
853/2004, (EC) No 854/2004 and (EC) No 882/2004
of
the Council and
amending Regulations (EC) No 853/2004 and (EC) No
854/2004 (5), provides for the temporary use of national
identification marks
for products of animal origin
intended for human consumption which may only be
marketed in the territory of the Member State where
they are produced.

(3) OJ L 260, 5.9.1992, p. 1. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(4) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(5) OJ L 338, 22.12.2005, p. 83. Regulation as amended by Regulation

(EC) No 1666/2006 (OJ L 320, 18.11.2006, p. 47).

L 51/20

EN

Official Journal of the European Union

20.2.2007

(8)

(9)

The alternative identification mark provided for in this
Decision should be clearly distinguishable from other
identification marks to be applied to poultry meat in
accordance with Regulations (EC) No 853/2004 or (EC)
No 2076/2005.

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

in this Decision are in
Standing
the

opinion

the

of

Article 2

Marking of meat of poultry and farmed feathered game
restricted to the national market

Meat from poultry or farmed feathered game, including minced
meat, mechanically separated meat and meat preparations and
or meat products, which do not satisfy the requirements laid
down in Article 3 of Directive 2002/99/EC and are therefore
restricted to the national market of the affected Member State in
accordance with paragraph (1)(g) of Article 23 of Directive
2005/94/EC or paragraphs 2(f)(i) and (4)(c) of Article 9 of
Directive 92/66/EEC, may be marked with:

HAS ADOPTED THIS DECISION:

(a)

the alternative identification mark, or

Article 1

Alternative identification mark

1.
For the purpose of Article 2 of this Decision, Member
States may decide to use the identification mark set out in
the Annex to this Decision (‘the alternative identification
mark’)
in
Annex II to Directive 2002/99/EC.

identification mark set out

the special

instead of

(b) the national mark,

such those products have been
produced in establishments in accordance with Article 4
of Regulation (EC) No 2076/2005.

if

Article 3

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 16 February 2007.

2. Member States that decide to use the alternative identifi-
cation mark shall
in the
the Standing Committee on the Food Chain
framework of
and Animal Health.

inform the Commission thereof

For the Commission

Markos KYPRIANOU
Member of the Commission

20.2.2007

EN

Official Journal of the European Union

L 51/21

ANNEX

The identification mark provided for in Article 1(1) of the Decision must be applied in accordance with the following
dimensions, or any appropriate proportion thereof maintaining legibility of the information.

Dimensions:

XY (a) = 8 mm

1234 (b) = 11 mm

Width outer diameter = not less than 30 mm

Line thickness of square = 3 mm

(a) Means the relevant country code provided for in point 6 of Part B of Section I of Annex II to Regulation (EC) No 853/2004.
(b) Means the approval number of the establishment referred to in point 7 of Part B of Section I of Annex II to Regulation (EC)

No 853/2004.