2007/148/EC: Commission Decision of 2 March 2007 repealing Decision 2006/694/EC prohibiting the placing on the market of curd cheese manufactured in a dairy establishment in the United Kingdom (notified under document number C(2007) 639) (Text with EEA relevance)
Date: 2007-03-02
Institutions: European Commission
Subjects: EC Decision, European Commission, United Kingdom, cheese, food safety, foodstuffs legislation, marketing restriction, repeal

L 65/10

EN

Official Journal of the European Union

3.3.2007

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 2 March 2007

repealing Decision 2006/694/EC prohibiting the placing on the market of curd cheese manufactured
in a dairy establishment in the United Kingdom

(notified under document number C(2007) 639)

(Text with EEA relevance)

(2007/148/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

had on several occasions discussed with them the
technical issues linked to its assessment of the situation.

Having regard to the Treaty
Community,

establishing the European

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
and laying down
the European Food Safety Authority
food safety (1), and in particular
procedures in matters of
Article 53(1)(a) thereof,

Whereas:

(1)

in the United
During inspection missions carried out
Kingdom by the Food and Veterinary Office (FVO)
in
2006, evidence was repeatedly received that raw milk
not complying with the hygiene requirements was
placed on the market and dispatched to an approved
food establishment preparing dairy products intended
for human consumption. Since the first on-site visit,
the Commission had repeatedly informed the United
Kingdom (UK) authorities of
its concerns as to the
risks to human health of the practice in question and

(2)

(3)

(4)

Given the seriousness of the situation, the failure of the
UK authorities to comply with their control obligations
and taking into account the presence of the product in
several Member States, the Commission had consequently
considered that
the risk could not be satisfactorily
unless Community-wide measures were
contained
taken,
including the prohibition of the placing on the
market of those products in question.

Commission Decision 2006/694/EC (2)
laying down
emergency measures in order to address the immediate
and serious risk to human health caused by the presence
on the Community market of products originating from
Bowland Dairy Products Limited located at Fulshaw Hoad
Farm, Barrowford, Lancashire BB9 6RA (Bowland), was
adopted on 13 October 2006 accordingly.

It was foreseen that the measures provided for in this
Decision be reviewed as soon as new information was
made available showing that there is no risk to human
health, in particular on the basis of measures taken by
the UK authorities.

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

Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(2) OJ L 283, 14.10.2006, p. 59.

3.3.2007

EN

Official Journal of the European Union

L 65/11

(5)

(6)

(7)

(8)

By letters of 25 and 30 January 2007, the UK authorities
submitted to the Commission satisfactory evidence that
all non-compliant products have been disposed of
in
accordance with Regulation (EC) No 1774/2002 of the
European Parliament and of the Council of 3 October
2002 laying down health rules concerning animal by-
products not intended for human consumption (1) and
that Bowland premises have been emptied, cleaned and
the UK authorities have
disinfected.
production at
that
undertaken to
Bowland meets the standards laid down in Community
legislation.

In addition,

ensure

future

HAS ADOPTED THIS DECISION:

Article 1

Commission Decision 2006/694/EC is hereby repealed.

Article 2

This Decision is addressed to the Member States.

The Commission received also guarantees from other
Member States that curd cheese produced by Bowland
and still stored on their territory was disposed of
in
accordance with Community legislation.

Decision 2006/694/EC should therefore be repealed.

Done at Brussels, 2 March 2007.

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

in this Decision are in
Standing
the

opinion

the

of

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
L 379,

(EC) No 2007/2006 (OJ

Commission Regulation
28.12.2006, p. 98).