2007/119/EC: Commission Decision of 16 February 2007 amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the identification mark to be applied to fresh poultrymeat (notified under document number C(2007) 431) (Text with EEA relevance )
Date: 2007-02-16
Institutions: European Commission
Subjects: animal disease, animal product, health control, labelling, meat, poultry, trade restriction

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Official Journal of the European Union

20.2.2007

COMMISSION DECISION

of 16 February 2007

amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the identification mark
to be applied to fresh poultrymeat

(notified under document number C(2007) 431)

(Text with EEA relevance)

(2007/119/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to Council Directive 89/662/EEC of 11
in intra-
December 1989 concerning
Community trade with a view to the completion of
the
internal market (1), and in particular Article 9(4) thereof,

veterinary

checks

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 (2), and in
particular Article 10(4) thereof,

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 (3), and in
particular Article 66(2) thereof,

Whereas:

(1)

threat

Avian influenza is an infectious viral disease in poultry
and birds, causing mortality and disturbances which can
quickly take epizootic proportions liable to present a
serious
to animal and public health and to
reduce sharply the profitability of poultry farming.
There is a risk that the disease agent might be spread
to other holdings, to wild birds and from one Member
State to other Member States and third countries through
the trade in live birds or their products.

(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive
the Council
2004/41/EC of
(OJ L 157, 30.4.2004, p. 33); corrected by OJ L 195, 2.6.2004,
p. 12.

the European Parliament and of

(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(OJ L 315, 19.11.2002, p. 14).

(3) OJ L 10, 14.1.2006, p. 16.

Directive 2005/94/EC lays down Community measures
to be applied in the event of an outbreak of avian
influenza in poultry and other captive birds and in
order
that disease. Those
measures include the establishment of protection zones
and a prohibition on the transport of poultry meat in
such zones.

to avoid the spread of

subject

from that prohibition,

Directive 2005/94/EC also provides for certain dero-
gations
to certain
conditions. Those conditions include inter alia that such
meat must not enter into intra-Community or interna-
tional trade and must bear the mark provided for in
Annex II
to Council Directive 2002/99/EC of 16
December 2002 laying down the animal health rules
governing the production, processing, distribution and
introduction of products of animal origin for human
consumption (4), unless otherwise decided as provided
for in that Directive.

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 (5),
provides for an identification mark to be applied to
certain meat of animal origin.

the

of

Regulations

implementation

Commission Regulation (EC) No 2076/2005 of 5
December 2005 laying down transitional arrangements
for
(EC)
the
(EC) No 854/2004 and (EC) No
No 853/2004,
882/2004 of
the
Council and amending Regulations (EC) No 853/2004
and (EC) No 854/2004 (6), provides for the temporarily
use of national marks for food of animal origin which
may only be marketed in the territory of the Member
State where they are produced.

the European Parliament and of

(3)

(4)

(5)

(4) OJ L 18, 23.1.2003, p. 11.
(5) 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).

(6) 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).

(6)

(7)

(8)

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Official Journal of the European Union

L 51/23

intended

products

of
derived

In addition, Commission Decision 2006/415/EC (1)
provides for certain restrictions to be applied in areas
A and B, including a prohibition on the dispatch from
human
those
areas
game.
consumption
However, that Decision provides for derogations from
the dispatch onto the national
that
and meat products
market of
and
preparations,
to certain conditions which
include the marking of such meat as provided for in
Annex II to Directive 2002/99/EC.

restriction for

certain meat

from wild

feathered

subject

for

(10)

(11)

is

therefore

amend Decisions
It
2006/415/EC, 2006/416/EC and 2006/563/EC in order
to permit the use of that alternative identification mark.

appropriate

to

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

in this Decision are in
Standing
the

opinion

the

of

Commission Decision 2006/416/EC of 14 June 2006
concerning certain transitional measures in relation to
highly pathogenic avian influenza in poultry or other
captive birds in the Community (2)
lays down certain
transitional measures to be applied in the event of an
outbreak of
that disease. Those measures include the
establishment of protection zones in the case of an
outbreak of the disease and the application of certain
including a prohibition on
restrictions in such zones,
the movement of poultry meat. However, that Decision
from that prohibition
also provides
including the marking of
subject to certain conditions,
to Directive
such meat as provided for in Annex II
2002/99/EC.

for derogations

lays down certain measures

Commission Decision 2006/563/EC of 11 August 2006
concerning certain protection measures in relation to
highly pathogenic avian influenza of subtype H5N1 in
wild birds in the Community and repealing Decision
2006/115/EC (3)
to be
applied in the event of an outbreak of that disease in
wild birds. Those measures include the establishment of
control areas and the prohibition of the dispatch of meat
and meat products and preparations from poultry and
wild feathered game in such areas. However,
that
Decision also provides for derogations from that prohi-
bition subject
including the
to certain conditions,
marking of such meat with a mark in accordance with
Annex II to Directive 2002/99/EC or a national mark
established in accordance with Article 4 of Regulation
(EC) No 2076/2005.

(9)

Commission Decision 2007/118/EC of 16 February
2007 laying down detailed rules in relation to an alter-
native identification mark pursuant to Council Directive
2002/99/EC (4) provides for an alternative identification
mark which may be used instead of the mark provided
for in Annex II to Directive 2002/99/EC.

(1) OJ L 164, 16.6.2006, p. 51.
(2) OJ L 164, 16.6.2006, p. 61. Decision as amended by Decision

2007/79/EC (OJ L 26, 2.2.2007, p. 5).

(3) OJ L 222, 15.8.2006, p. 11.
(4) See page 19 of this Official Journal.

HAS ADOPTED THIS DECISION:

Article 1

Amendments to Decision 2006/415/EC

Decision 2006/415/EC is amended as follows:

Article 8(1) is replaced by the following:

‘1.
By way of derogation from Article 5(b), the affected
Member State may authorise the dispatch onto the national
market of fresh meat, minced meat, mechanically separated
meat and meat preparations or meat products from wild
feathered game originating in areas A or B, if such meat is
marked:

(a) either in accordance with the special identification mark
provided for in Annex II to Directive 2002/99/EC, or

(b) in accordance with Article 2 of Decision 2007/118/EC.’

Article 2

Amendments to Decision 2006/416/EC

Article 18(1)(g) of Decision 2006/416/EC is replaced by the
following:

‘(g) the meat does not enter into intra-Community or inter-

national trade and is marked:

(i) either in accordance with the special identification
to Directive

in Annex II

mark provided for
2002/99/EC, or

(ii) in

accordance with Article

2007/118/EC.’

2

of Decision

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Article 3

Amendments to Decision 2006/563/EC

Decision 2006/563/EC is amended as follows:

1. Article 6(e) is replaced by the following:

farmed

(d) fresh meat, minced meat, mechanically separated meat
from poultry,
and wild
feathered game taken from the wild in the area before
the control area was established, and meat preparations
and meat products containing such meat, produced in
establishments in the control area.

feathered

game

‘(e)

the dispatch from the control area of fresh meat, minced
meat, mechanically separated meat, meat preparations
and meat products from poultry originating from the
control area and from wild feathered game taken from
the wild in that area.’

2. Article 11 is replaced by the following:

2.
By way of derogation from Article 6(e), the affected
Member State may authorise the dispatch from the control
area onto the national market of fresh meat, minced meat
and mechanically separated meat from poultry or farmed
feathered game originating in the control area, and meat
preparations and meat products containing such meat,
provided such meat complies with the following conditions:

‘Article 11

(a)

it is marked:

Derogations for meat, minced meat, meat preparations,
mechanically separated meat and meat products

1.
By way of derogation from Article 6(e), the affected
Member State may authorise the dispatch from the control
area for placing on the market or export to third countries
of the following meat:

(a)

fresh meat
feathered game, that was:

from poultry,

including meat of

farmed

(i) produced in accordance with Annex II and Sections
to Regulation (EC)

and III of Annex

III

II
No 853/2004; and

(ii) controlled in accordance with Sections I, II, III, and
Chapters V(A)(1) and VII of Section IV of Annex I to
Regulation (EC) No 854/2004;

(b) minced meat, meat preparations, mechanically separated
meat and meat products containing meat referred to in
point (a) and produced in accordance with Sections V
and VI of Annex III to Regulation (EC) No 853/2004;

(c) meat products

treatment
that have undergone
specified for avian influenza in Table 1(a), (b) or (c) of
Annex III to Directive 2002/99/EC;

the

(i) either with the

identification mark as
provided for in Annex II to Directive 2002/99/EC, or

special

(ii) in

accordance with Article

2

of Decision

2007/118/EC; and

(b) it has been obtained, cut, stored and transported sepa-
rately from other meat from poultry or farmed feathered
game and is not introduced into meat preparations or
meat products destined for dispatch to other Member
States or for exports to third countries.’

Article 4

Addressee

This Decision is addressed to the Member States.

Done at Brussels, 16 February 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission