Commission Directive 2007/10/EC of 21 February 2007 amending Annex II to Council Directive 92/119/EEC as regards the measures to be taken within a protection zone following an outbreak of swine vesicular disease (Text with EEA relevance )
Date: 2007-02-21
Institutions: European Commission
Subjects: animal disease, food safety, health control, swine, veterinary inspection

L 63/24

EN

Official Journal of the European Union

1.3.2007

COMMISSION DIRECTIVE 2007/10/EC

of 21 February 2007

amending Annex II to Council Directive 92/119/EEC as regards the measures to be taken within a
protection zone following an outbreak of swine vesicular disease

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

Having regard to Council Directive 92/119/EEC of 17 December
1992 introducing general Community measures for the control
of certain animal diseases and specific measures relating to swine
vesicular disease (1), and in particular Article 24(2) thereof,

Having regard to Council Directive 2002/99/EC of 16 December
2002 laying down the animal health rules governing the
production, processing, distribution and introduction of prod-
ucts of animal origin for human consumption (2), and in
particular of Article 4(3) thereof,

Whereas:

(1) Directive 92/119/EEC lays down measures for the control
of certain animal diseases. Specific provisions for swine
vesicular disease are laid down in Annex II to that Directive.

(2)

(3)

Since Council Directives 72/461/EEC (3) and 80/215/
EEC (4) have been repealed with effect from 1 January
2006, references to those Directives contained in Directive
92/119/EEC should be replaced by references to Annexes II
and III to Directive 2002/99/EC.

It is appropriate to provide for a specific solution with
respect to the marking of meat and its subsequent use, as
well as the destination of the processed products, where the
swine vesicular disease health situation so permits, provided
that this is done in such a way that the degree of protection
from swine vesicular by intra-Community trade or
international trade is not impaired.

in Annex II

(4) Certain Member States have informed the Commission that
the identification mark provided for
to
Directive 2002/99/EC is 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. However, in the interests of
controls, it is important that Member States inform the
they decide to apply the
if
Commission beforehand,
alternative identification mark in case of an outbreak of
swine vesicular disease.

(1) OJ L 62, 15.3.1993, p. 69. Directive as last amended by Directive

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

(2) OJ L 18, 23.1.2003, p. 11.
(3) OJ L 302, 31.12.1972, p. 24. Directive repealed by Directive 2004/
41/EC of the European Parliament and of the Council (OJ L 157,
30.4.2004, p. 33).

(4) OJ L 47, 21.2.1980, p. 4. Directive repealed by Directive 2004/41/

EC.

The alternative identification mark provided for in this
Directive should be clearly distinguishable from other
in
identification marks
to be applied to pig meat
accordance with 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 (5) or Commission Regulation (EC) No 2076/2005
of 5 December 2005 laying down transitional arrange-
ments for the implementation of Regulations (EC) No 853/
2004, (EC) No 854/2004 and (EC) No 882/2004 of the
European Parliament and of the Council and amending
Regulations (EC) No 853/2004 and (EC) No 854/2004 (6).

(6) Unlike the general provisions of Article 13 of Directive 92/
119/EEC, the specific provisions for swine vesicular disease
in Annex II
to that Directive do not provide for an
authorisation to remove the animals from a holding within
the protection zone in case the removal prohibition is
maintained beyond 30 days because of the occurrence of
further cases of the disease. It is appropriate to provide for
such derogation for holdings in which the keeping of
animals for longer periods than 30 days would cause
problems.

(7)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Section 7 of Annex II to Directive 92/119/EEC is amended as
follows:

(1)

Point 2 is amended as follows:

(a)

Point (g) is replaced by the following:

‘(g) meat from the pigs referred to in point (f)(i):

(i)

shall not enter into intra-Community or
international trade and shall bear the health
mark for
in
Annex II to Council Directive 2002/99/
EC (*);

fresh meat provided for

(5) OJ L 139, 30.4.2004, p. 5; corrected by OJ L 226, 25.6.2004, p. 22.
Regulation as last amended by Regulation (EC) No 1791/2006 (OJ
L 363, 20.12.2006, p. 1).
(6) OJ L 338, 22.12.2005, p. 83.

1.3.2007

EN

Official Journal of the European Union

L 63/25

(ii)

transported and
shall be obtained, cut,
stored separately from meat intended for
intra-Community and international trade
and shall be used in such a way as to avoid
it being introduced into meat products
inter-
intended for
national trade, unless it has undergone a
treatment set out in Annex III to Directive
2002/99/EC;

intra-Community or

(*) OJ L 18, 23.1.2003, p. 11.’;

(b)

the following point (h) is added:

‘

(h)

(i) by way of derogation from point (g), for
meat from the pigs referred to in point (f)(i)
Member States may decide to use an other
identification mark than the special identi-
fication mark set out
to
Directive 2002/99/EC, provided that it is
clearly distinguishable from other identifi-
cation marks to be applied to pig meat in
accordance with Regulation (EC) No 853/
2004 of the European Parliament and of
the Council (*) or Commission Regulation
(EC) No 2076/2005 (**);

in Annex II

Member States that decide to use the
alternative identification mark shall inform
the Commission thereof in the framework
of the Standing Committee on the Food
Chain and Animal Health.

(ii)

(i) the identification
for the purpose of
mark must be legible and indelible, the
characters easily readable and clearly dis-
played. The identification mark must have
following shape and contain following
indications:

1234 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.

(*) OJ L 139, 30.4.2004, p. 55, corrected by OJ

L 226, 25.6.2004, p. 22.
(**) OJ L 338, 22.12.2005, p. 83.’;

(2)

the following point 5 is added:

‘5. Where the prohibitions provided for in point 2(f) are
maintained beyond 30 days because of the occurrence
of further cases of the disease and as a result problems
arise in keeping the animals, the competent authority
may, following an application by the owner explaining
the grounds for such application and provided that the
official veterinarian has verified the facts, authorise the
removal of the animals from a holding within the
protection zone. Points 2(f) and (h) shall apply mutatis
mutandis.’

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
forthwith
by 1 January 2008 at
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

the latest. They shall

When Member States adopt those provisions, they shall contain a
reference to this Directive or be accompanied by such a reference
on the occasion of their official publication. Member States shall
determine how such reference is to be made.

Article 3

This Directive shall enter into force on the 20th day following its
publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 21 February 2007.

the

XY means
country code
relevant
provided for in point 6 of Part B of Section
I of Annex II to Regulation (EC) No 853/
2004.

For the Commission

Markos KYPRIANOU

Member of the Commission