Commission Regulation (EC) No 1237/2007 of 23 October 2007 amending Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Decision 2006/696/EC as regards the placing on the market of eggs from Salmonella infected flocks of laying hens (Text with EEA relevance)
Date: 2007-10-23
Institutions: European Commission
Subjects: disease prevention, egg, food safety, health certificate, health risk, laying poultry, marketing, veterinary inspection, zoonosis

24.10.2007

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1237/2007

of 23 October 2007

amending Regulation (EC) No 2160/2003 of the European Parliament and of the Council and
Decision 2006/696/EC as regards the placing on the market of eggs from Salmonella infected
flocks of laying hens

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

down veterinary certification conditions for imports and
transit through the Community of eggs and egg products.

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 2160/2003 of
the
the Council of 17 November
European Parliament and of
2003 on the control of Salmonella and other specified food-
borne zoonotic agents (1) and, in particular Article 5(6) thereof,

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 (2), and in
particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 2160/2003 lays down rules to
ensure that proper and effective measures are taken to
detect and control Salmonella and other zoonotic agents
at all relevant stages of production, processing and distri-
bution, particularly at the level of primary production, in
order to reduce their prevalence and the risk they pose to
public health.

Pursuant to Annex II to Regulation (EC) No 2160/2003,
with effect from 72 months after the date of entry into
force of that Regulation, eggs may only be used for direct
human consumption as table eggs if they originate from
a commercial flock of laying hens subject to a national
control programme and not under official restriction.

Commission Decision 2006/696/EC of 28 August 2006
laying down a list of third countries from which poultry,
hatching eggs, day-old chicks, meat of poultry, ratites and
wild game-birds, eggs and egg products and specified
pathogen-free eggs may be imported into and transit
through the Community and the applicable veterinary
amending Decisions
certification
93/342/EEC, 2000/585/EC and 2003/812/EC (3)
lays

conditions,

and

(4)

(5)

(6)

(7)

A high prevalence of Salmonella Enteritidis and Salmonella
Typhimurium was detected in flocks of
laying hens in
Member States during a study carried out in accordance
with Commission Decision
22
September 2004 concerning a baseline study on the
prevalence of Salmonella in laying flocks of Gallus
gallus (4).

2004/665/EC of

agents

and Antimicrobial Resistance

According to the Report of the European Food Safety
Sources of Zoonoses,
Authority on Trends
and
Zoonotic
and
in the European Union in
Foodborne Outbreaks
2005 (5) eggs and egg products are the most important
source of known foodborne outbreaks of salmonellosis in
humans. In addition, according to that report, Salmonella
Enteritidis and Salmonella Typhimurium were responsible
for 88 % of the outbreaks where the serovar was demon-
strated.

In view of the high prevalence of Salmonella Enteritidis
and Salmonella Typhimurium in certain Member States,
its public health impact and the reluctance of
food
business operators to trade table eggs from infected
the
flocks,
consumption of
table eggs are to apply, should be
forward but should still allow food business
brought
time to comply with the new
operators
requirements without
to
markets.

disturbance

on which

restrictions

sufficient

causing

date

any

the

on

European

However, where a flock of laying hens has been indicated
as the source of infection in a food borne outbreak as a
result of the epidemiological investigation of food-borne
outbreaks in accordance with Directive 2003/99/EC of
the
of
17 November 2003 on the monitoring of zoonoses
amending Council Decision
and
90/424/EEC
Directive
Council
repealing
92/117/EEC (6), the restrictions on the use of table eggs
set out in Annex II to Regulation (EC) No 2160/2003
should apply without delay.

agents,
and

Parliament

zoonotic

Council

and

the

(1) OJ L 325, 12.12.2003, p. 1. Regulation as last amended by Council
Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004,
(EC)

22. Regulation

by Regulation

amended

last

as

p.
No 1791/2006.

(3) OJ L 295, 25.10.2006, p. 1.

(4) OJ L 303, 30.9.2004, p. 30.
(5) The EFSA Journal (2006), 96.
(6) OJ L 325, 12.12.2003, p. 31. Directive as amended by Council

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

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24.10.2007

(8)

(9)

(10)

(11)

Taking account of the public health risk of eggs infected
with Salmonella,
rules should be laid down on the
marking of eggs to guarantee that eggs from flocks
which are subject to restrictions within the framework
of a Salmonella control programme provided for in Regu-
lation (EC) No 2160/2003, are marked in a way which
easily distinguishes them from table eggs before being
placed on the market.

the
In order
results,
to exclude false-positive initial
competent authority should be allowed to lift
the
restrictions laid down in Paragraph 2 of Part D to
Annex II of that Regulation if the Salmonella infection
is not confirmed in the flocks of laying hens using a
strict protocol.

countries,

from which Member

are
Third
authorised to import eggs, should provide guarantees,
equivalent to the requirements within the Community
and
in Decision
2006/696/EC should be amended accordingly.

the model

certificate

States

eggs

for

the

establishing

European
Regulation (EC) No 178/2002 of
Parliament and of
the Council of 28 January 2002
laying down the general principles and requirements of
food law,
the European Food Safety
Authority and laying down procedures in matters of
food safety (1),
lays
down rules concerning food and feed exported or re-
exported from the Community for placing on the
market in a third country. Those provisions apply to
table eggs. Accordingly, it is not necessary to lay down
specific provisions with regard to the export of such eggs
in this Regulation.

in particular Article 12 thereof,

(12)

To avoid any disturbance of trade, the use of certificates
issued in accordance with the current model certificates
set out in Decision 2006/696/EC should be allowed for a
period of 60 days following the date of application of
this Regulation.

(13)

Regulation (EC) No 2160/2003 should therefore by
amended accordingly.

(14)

The measures provided for in this Regulation are in
Standing
accordance with
Committee on the Food Chain and Animal health,

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 2160/2003 is amended in
accordance with Annex I to this Regulation.

Article 2

Annex II to Decision 2006/696/EC is amended in accordance
with Annex II to this Regulation.

Article 3

Consignments of eggs for which certificates have been issued in
accordance with Decision 2006/696/EC in its version before
1 November 2007 may be imported into the Community for
a period of 60 days following that date.

Article 4

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

It shall apply from:

— 1 November 2007 where Salmonella ssp. are identified in the
flock of laying hens as the source of infection for humans
by the consumption of eggs or egg products as a result of
the epidemiological investigation of food-borne outbreaks in
accordance with Article 8 of Directive 2003/99/EC,

— 1 January 2009 at the latest to all other flocks of laying

hens.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

(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).

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In Annex II to Regulation (EC) No 2160/2003, Part D is replaced by the following:

ANNEX I

‘D. Specific requirements concerning flocks of laying hens

1. Eggs shall not be used for direct human consumption as table eggs unless they originate from a commercial flock
of laying hens subject to a national control programme established under Article 5 and not under official
restriction.

2. Eggs originating from flocks with unknown health status, that are suspected of being infected or that are infected
with Salmonella serotypes for which a target for reduction has been set or which were identified as the source of
infection in a specific human foodborne outbreak, may be used for human consumption only if treated in a
manner that guarantees the destruction of all Salmonella serotypes with public health significance in accordance
with Community legislation on food hygiene.

Eggs originating from flocks with unknown health status, that are suspected of being infected or that are infected
with Salmonella serotypes for which a target for reduction has been set or which were identified as the source of
infection in a specific human foodborne outbreak, shall be:

(a) considered as Class B eggs as defined in Article 2(4) of Commission Regulation (EC) No 557/2007 laying down
detailed rules for implementing Council Regulation (EC) No 1028/2006 on marketing standards for eggs (1);

(b) marked with the indication referred to in Article 10 of Commission Regulation (EC) No 557/2007 which

clearly distinguishes them from Class A eggs prior to being placed on the market;

(c) prohibited access to packaging centres unless the competent authority is satisfied with the measures to prevent

possible cross-contamination of eggs from other flocks.

3. When birds from infected flocks are slaughtered or destroyed, steps must be taken to reduce the risk of spreading
zoonoses as far as possible. Slaughtering shall be carried out in accordance with Community legislation on food
hygiene. Products derived from such birds may be placed on the market for human consumption in accordance
with Community legislation on food hygiene and, once applicable, part E. If not destined for human consumption,
such products must be used or disposed of in accordance with Regulation (EC) No 1774/2002.

4. In order to exclude false-positive initial results, the competent authority may lift the restrictions laid down in point

2 of this Part:

(a) when the flock of layers is not the source of infection for humans by the consumption of eggs or egg products
investigation of food-borne outbreaks in accordance with Article 8 of

as a result of the epidemiological
Directive 2003/99/EC; and

(b) where the flock is subjected to a national control programme established under Article 5 and Salmonella
is not confirmed by the following sampling

for reduction has been set,

serotypes for which a target
protocol carried out by the competent authority:

(i) the technical specifications referred to in Article 5 of Commission Decision 2004/665/EC (seven samples);
however, a sub-sample of 25 grams must be collected of each faecal material and dust sample for analysis;
all samples must be analysed separately;

or

(ii) bacteriological investigation of the caeca and oviducts of 300 birds;

or

(iii) bacteriological investigation of the shell and the content of 4 000 eggs of each flock in pools of maximum

40 eggs.

In addition to the sampling in point (b), the competent authority shall verify the absence of the use of anti-
microbials, potentially affecting the result of the analyses of the sampling.

___________
(1) OJ L 132, 24.5.2007, p. 5.’

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In Part 2 of Annex II to Decision 2006/696/EC, the model veterinary certificate for eggs (E) is replaced by the following:

ANNEX II

‘Model veterinary certificate for eggs (E)

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