2007/718/EC: Commission Decision of 6 November 2007 concerning certain protection measures against foot-and-mouth disease in Cyprus (notified under document number C(2007) 5452) (Text with EEA relevance)
Date: 2007-11-06
Institutions: European Commission
Subjects: Cyprus, foot-and-mouth disease, health certificate, health legislation, live animal, meat, trade restriction

7.11.2007

EN

Official Journal of the European Union

L 289/45

COMMISSION DECISION

of 6 November 2007

concerning certain protection measures against foot-and-mouth disease in Cyprus

(notified under document number C(2007) 5452)

(Text with EEA relevance)

(2007/718/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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,

Whereas:

(1)

(2)

(3)

Outbreaks of foot-and-mouth disease have been declared
in Cyprus.

The foot-and-mouth disease situation in Cyprus is liable
to endanger the herds of other Member States in view of
trade in live biungulate animals and the placing on the
market of certain of their products.

Cyprus has taken measures in the framework of Council
Directive 2003/85/EC of 29 September 2003 on
Community measures
foot-and-
mouth disease
repealing Directive 85/511/EEC and
Decisions 89/531/EEC and 91/665/EEC and amending
Directive 92/46/EEC (3), and has
introduced further
measures within the affected areas.

control of

the

for

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

(4)

(5)

(6)

(7)

(8)

(9)

The disease situation in Cyprus makes it necessary to
reinforce
foot-and-mouth
the
disease taken by Cyprus.

control measures

for

for

It is appropriate to define as a permanent measure the
high and low risk areas in the affected Member State and
to provide
a prohibition on the dispatch of
susceptible animals from the high and low risk areas
and on the dispatch of products derived from susceptible
animals from the high risk area. The Decision should also
provide for the rules applicable to the dispatch from
that either had been
those areas of
produced before the restrictions,
from raw material
sourced from outside the restricted areas or that had
undergone a treatment proven effective in inactivating
possible foot-and-mouth disease virus.

safe products

The size of the defined risk areas is a direct function of
the outcome of
tracing of possible contacts to the
infected holding and takes into account the possibility
to implement sufficient controls on the movement of
animals and products. At this point of time and based
on information provided by Cyprus, the whole of Cyprus
should currently remain a high risk area.

The prohibition of dispatch should only cover products
derived from animals of susceptible species coming from
or obtained from animals originating in the high risk
areas listed in Annex I and should not affect
transit
through these areas of such products coming from or
obtained from animals originating in other areas.

Council Directive 64/432/EEC (4) concerns animal health
problems affecting intra-Community trade in bovine
animals and swine.

Council Directive 91/68/EEC (5) concerns animal health
conditions governing intra-Community trade in ovine
and caprine animals.

(4) OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by

Directive 2006/104/EC.

(3) OJ L 306, 22.11.2003, p. 1. Directive as last amended by Directive

(5) OJ L 46, 19.2.1991, p. 19. Directive as last amended by Directive

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

2006/104/EC.

L 289/46

EN

Official Journal of the European Union

7.11.2007

(10)

(11)

(12)

(13)

(14)

and embryos not

Council Directive 92/65/EEC of 13 July 1992 laying
down animal health requirements governing trade in
and imports into the Community of animals, semen,
ova
to animal health
requirements laid down in specific Community rules
referred to in Annex A (I) to Directive 90/425/EEC (1)
concerns, amongst others, trade in other biungulates and
in semen, ova and embryos of sheep and goats, and in
embryos of porcine animals.

subject

the

European
Regulation (EC) No 853/2004 of
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (2)
concerns, amongst others, the health conditions for the
production and marketing of fresh meat, minced meat,
mechanically separated meat, meat preparations, farmed
game meat, meat products,
including treated stomachs,
bladders and intestines, and dairy products.

Regulation (EC) No 854/2004 of
European
Parliament and of the Council of 29 April 2004 laying
the organisation of official
down specific rules
controls on products of animal origin intended for
human consumption (3) concerns, amongst others, the
health marking of food of animal origin.

the

for

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)
provides for specific treatment of meat products that
ensure inactivation of the foot-and-mouth disease virus
in products of animal origin.

Commission Decision 2001/304/EC of 11 April 2001
on marking and use of certain animal products in
relation to Decision 2001/172/EC concerning certain
protection measures with regard to foot-and-mouth
disease in the United Kingdom (5) concerns a specific
health mark to be applied to certain products of
animal origin that shall be restricted to the national
is appropriate to lay down in a separate
market.

It

(1) OJ L 268, 14.9.1992, p. 54. Directive as

last amended by
Commission Decision 2007/265/EC (OJ L 114, 1.5.2007, p. 17).
(2) OJ L 139, 30.4.2004, p. 55; corrected version OJ L 226, 25.6.2004,
amended by Council Regulation

p. 22. Regulation as
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

last

(3) OJ L 139, 30.4.2004, p. 206, corrected version OJ L 226,
25.6.2004, p. 83. Regulation as last amended by Council Regulation
(EC) No 1791/2006.

(4) OJ L 18, 23.1.2003, p. 11.
(5) OJ L 104, 13.4.2001, p. 6. Decision as last amended by Decision

2002/49/EC (OJ L 21, 24.1.2002, p. 30).

(15)

(16)

Annex a similar marking in the case of foot-and-mouth
disease in Cyprus.

Council Directive 92/118/EEC (6)
lays down animal
health and public health requirements governing trade
in and imports into the Community of products not
subject to the said requirements laid down in specific
Community rules referred to in Annex A(I) to Directive
89/662/EEC and, as
to Directive
90/425/EEC.

regards pathogens,

the European
Regulation (EC) No 1774/2002 of
the Council of 3 October 2002
Parliament and of
animal by-
concerning
laying down health rules
intended for human consumption (7)
products not
provides
treatments of animal by-
products suitable to inactivate foot-and-mouth disease
virus.

for a range of

(17)

Council Directive 88/407/EEC (8) lays down the animal
health requirements applicable to intra-Community trade
in and imports of deep-frozen semen of domestic
animals of the bovine species.

(18)

Council Directive 89/556/EEC (9) concerns the animal
health conditions governing intra-Community trade in
and imports
embryos of
from third countries of
domestic animals of the bovine species.

(19)

Council Directive 90/429/EEC (10) lays down the animal
health requirements applicable to intra-Community trade
in and imports of semen of domestic animals of the
porcine species.

(20)

Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (11) provides for a
mechanism to compensate affected holdings for losses
incurred as a result of disease control measures.

(6) OJ L 62, 15.3.1993, p. 49. Directive as

last amended by
Commission Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004,
p. 60).

(7) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulaton (EC) No 829/2007 (OJ L 191, 21.7.2007,
p. 1).

(8) OJ L 194, 22.7.1988, p. 10, Directive as

last amended by

Commission Decision 2006/16/EC (OJ L 11, 17.1.2006, p. 21).

(9) OJ L 302, 19.10.1989, p. 1. Directive as

last amended by

Commission Decision 2006/60/EC (OJ L 31, 3.2.2006, p. 24).
(10) OJ L 224, 18.8.1990, p. 62. Directive as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(11) OJ L 224, 18.8.1990, p. 19.

7.11.2007

EN

Official Journal of the European Union

L 289/47

(21)

the European Parliament and of

the European Parliament and of

as medicinal products defined in Directive
Insofar
2001/82/EC of
the
Council of 6 November 2001 on the Community code
relating to veterinary medicinal products (1), Directive
the
2001/83/EC of
Council of 6 November 2001 on the Community code
relating to medicinal products for human use (2), and
Directive 2001/20/EC of the European Parliament and
of the Council of 4 April 2001 on the approximation
of the laws, regulations and administrative provisions of
the Member States relating to the implementation of
good clinical practice in the conduct of clinical trials
on medicinal products for human use (3) no longer fall
under the scope of Regulation (EC) No 1774/2002 they
related
excluded
should
restrictions set up by this Decision.

from animal

health

be

(22) Article 6 of Commission Decision 2007/275/EC of 17
April 2007 concerning lists of animals and products to
be subject to controls at border inspection posts under
Council Directives 91/496/EEC and 97/78/EC (4) provides
for a derogation from the veterinary checks for certain
products containing animal products. It is appropriate to
allow dispatch from the high risk areas of such products
under a simplified certification regime.

(23) Member States other than Cyprus should support the
disease control measures carried out
in the affected
areas by ensuring that live susceptible animals are not
consigned to those areas.

(24)

the detection of possible

To better understand the epidemiological situation and to
facilitate
is
necessary to enforce a prolonged standstill for livestock
on the island while granting the possibility for slaughter
and the transport of equidae under controlled conditions.

infection,

it

(25)

The situation shall be reviewed at the meeting of the
Standing Committee on the Food Chain and Animal
Health scheduled for 3 December 2007, and the
measures adapted where necessary.

(26)

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

in this Decision are in
Standing
the

opinion

the

of

(1) OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive
the Council

the European Parliament and of

2004/28/EC of
(OJ L 136, 30.4.2004, p. 58).

(2) OJ L 311, 28.11.2001, p. 67. Directive as last amended by Regu-
lation (EC) No 1901/2006 of the European Parliament and of the
Council (OJ L 378, 27.12.2006, p. 1).

(3) OJ L 121, 1.5.2001, p. 34. Directive as last amended by Regulation
(EC) No 1901/2006 of the European Parliament and of the Council.

(4) OJ L 116, 4.5.2007, p. 9.

HAS ADOPTED THIS DECISION:

Article 1

Live animals

1. Without prejudice to the measures taken by Cyprus within
the framework of Directive 2003/85/EC, and notably the estab-
lishment of a temporary control zone in accordance with
Article 7(1) and a movement ban as provided for in Article
7(3) of that Directive, Cyprus shall ensure that the conditions
set out in paragraphs 2 to 7 of this Article are met.

No live animals of the bovine, ovine, caprine and porcine
2.
species and other biungulates shall move between the areas
listed in Annex I and Annex II.

3.
No live animals of the bovine, ovine, caprine and porcine
species and other biungulates shall be dispatched from or
moved through the areas listed in Annex I and Annex II.

4.
By way of derogation from paragraph 3, the competent
authorities of Cyprus may authorise the direct and uninter-
rupted transit of biungulate animals through the areas listed
in Annex I and Annex II on main roads and railway lines.

The health certificates, as provided for

in Directive
5.
64/432/EEC for
live bovine and porcine animals and in
Directive 91/68/EEC for live ovine and caprine animals, ac-
companying animals consigned from parts of the territory of
Cyprus not listed in Annex I and Annex II to other Member
States shall bear the following words:

‘Animals conforming to Commission Decision 2007/718/EC
of 6 November 2007 concerning certain protection measures
against foot-and-mouth disease in Cyprus’.

The health certificates accompanying biungulates other
6.
than those covered by the certificates referred to in paragraph
5, consigned from parts of the territory of Cyprus not listed in
Annex I and Annex II to other Member States shall bear the
following words:

conforming

‘Live biungulates
to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
protection measures
in
Cyprus’.

foot-and-mouth disease

against

L 289/48

EN

Official Journal of the European Union

7.11.2007

Animals accompanied by an animal health certificate as
7.
referred to in paragraphs 5 and 6 may be moved to other
Member States only if the local veterinary authority in Cyprus
has, three days before the move, notified the central and local
veterinary authorities in the Member State of destination.

(c)

8.
By way of derogation from paragraph 2 the competent
authorities of Cyprus may authorise the transport of animals of
species susceptible to foot-and-mouth disease from holdings
situated in areas
to a slaughterhouse
situated in the areas listed in Annex I.

listed in Annex II

Article 2

Meats

For the purposes of this Article, ‘meats’ means ‘fresh meat’,
1.
and ‘meat
‘minced meat’,
preparations’ as defined in points 1.10, 1.13, 1.14 and 1.15
of Annex I to Regulation (EC) No 853/2004.

separated meat’

‘mechanically

2.
Cyprus shall not dispatch meats of the bovine, ovine,
caprine and porcine species and other biungulates coming
from or obtained from animals originating in the areas listed
in Annex I.

3. Meats not eligible for dispatch from Cyprus in accordance
with this Decision shall be marked in accordance with the
second subparagraph of Article 4(1) of Directive 2002/99/EC
or in accordance with Annex IV.

4.
The prohibition set out in paragraph 2 shall not apply to
meats bearing the health mark in accordance with Chapter III of
Section I of Annex I to Regulation (EC) No 854/2004, provided
that:

the meat was obtained from domestic ungulates or from
susceptible to foot-and-mouth
farmed game of
disease (farmed game), as
the respective
category of meat in one of the appropriate columns 4 to
7 in Annex III, and complies with the following conditions:

specified for

species

(i) the animals have been reared for at least 90 days prior
to the date of slaughter, or since birth if less than 90
days of age, on holdings situated within the areas
specified in columns 1, 2 and 3 of Annex III, where
there has been no outbreak of foot-and-mouth disease
during at least 90 days prior to the date of slaughter;

(ii) during the 21 days prior to the date of transport to the
slaughterhouse, or in the case of farmed game prior to
the animals have
the date of on-farm slaughtering,
remained under
the competent
the supervision of
veterinary authorities on a single holding which is
situated in the centre of a circle around the holding
of at least 10 km radius, where there has been no
outbreak of foot-and-mouth disease during at least 30
days prior to the date of loading;

(iii) no animals of species susceptible to foot-and-mouth
disease have been introduced into the holding referred
to in point (ii) during the 21 days prior to the date of
loading, or in the case of farmed game prior to the date
of on-farm slaughtering, except
in the case of pigs
coming from a supplying holding which complies
in which
with the conditions laid down in point (ii),
case the period of 21 days may be reduced to 7 days;

(a)

the meat is clearly identified, and has been transported and
stored since the date of production separately from meat
which is not eligible, in accordance with this Decision, for
dispatch outside the areas listed in Annex I;

However, the competent authority may authorise the
introduction into the holding referred to in point (ii)
of animals of species susceptible to foot-and-mouth
disease which comply with the conditions set out in
points (i) and (ii) and which:

(b) the meat complies with one of the following conditions:

(i) it was obtained before 15 September 2007; or

(ii) it is derived from animals that have been reared for at
least 90 days, or since birth if less than 90 days of age,
prior to the date of slaughter and which have been
slaughtered, or in the case of meat obtained from
wild game of species susceptible to foot-and-mouth
disease (wild game) killed, outside the areas listed in
Annexes I and II; or

(iii) it complies with the conditions set out in points (c), (d)

and (e);

— come from a holding where no animals of species
susceptible to foot-and-mouth disease have been
introduced during the 21 days prior to the date of
transport to the holding referred to in point (ii),
except
coming from a
case of pigs
supplying holding in which case the period of 21
days may be reduced to 7 days; or

in the

— were subjected with negative results to a test for
antibodies against the foot-and-mouth disease virus
carried out on a blood sample taken within 10 days
prior to the date of transport to the holding referred
to in point (ii); or

7.11.2007

EN

Official Journal of the European Union

L 289/49

— come from a holding that was

subjected with
negative results to a serological survey pursuant to
a
to detect 5 %
prevalence of foot-and-mouth disease with at least
a 95 % level of confidence;

sampling protocol

suitable

(iv) the meat has

holdings referred to in point
hours following the post-mortem inspection of
animals referred to in points (c) and (d);

remained in the establishments or
least 24
(e)(iii)
the

for at

(iv) the animals or, in the case of farmed game slaughtered
on the farm, the carcasses have been transported under
in means of transport that have been
official control
loading from the
cleansed and disinfected before
holding referred to in point
to the designated
(ii)
slaughterhouse;

(v) the animals have been slaughtered less than 24 hours
following the time of arrival at the slaughterhouse and
separately from animals the meat of which is not
eligible for dispatch from the area listed in Annex I;

(d) the meat, if positively marked in column 8 of Annex III,
was obtained from wild game, that was killed in areas where
there has been no outbreak of foot-and-mouth disease for at
least a period of 90 days before the date of killing and at a
least 20 km from areas not specified in
distance of at
columns 1, 2 and 3 of Annex III;

(e) Meat referred to in points (c) and (d) must in addition

comply with the following conditions:

(v) any further preparation of meat for dispatch outside the

area listed in Annex I shall be suspended:

— in the case where foot-and-mouth disease has been
diagnosed in the establishments or holdings referred
to in point (e)(iii), until the slaughter of all animals
present and the removal of all meat and dead
least 24
animals has been completed, and at
the
hours have elapsed since the completion of
those estab-
total cleansing and disinfection of
lishments and holdings under the control of an
official veterinarian; and

susceptible

— in the case of slaughter in the same establishment of
animals
to foot-and-mouth disease
coming from holdings situated in areas listed in
Annex I that do not comply with the conditions
set out in point 4(c) or (d), until the slaughter of
all such animals and the cleansing and disinfection
of those establishments have been completed under
the control of an official veterinarian;

(i) the dispatch of such meat is only to be authorised by

the competent veterinary authority of Cyprus, if:

— the animals referred to in point (c)(iv) have been
transported to the establishment without contact
to holdings
specified in
situated in areas not
columns 1, 2 and 3 of Annex III; and

— the establishment

is not situated in a protection

zone;

(ii) the meat is at all times clearly identified, handled, stored
and transported separately from meat which is not
eligible for dispatch from the area listed in Annex I;

(iii) during post-mortem inspection by the official veter-
inarian in the establishment of dispatch, or in the
case of on-farm slaughtering of farmed game on the
holding referred to in point (c)(ii), or in the case of
the game-handling establishment, no
wild game at
clinical signs or post-mortem evidence of
foot-and-
mouth disease were established;

(vi) the central veterinary authorities shall communicate to
the other Member States and the Commission a list of
those establishments and holdings which they have
approved for the purposes of application of points (c),
(d) and (e).

5.
Compliance with the conditions set out in paragraphs 3
and 4 shall be checked by the competent veterinary authority
under the supervision of the central veterinary authorities.

6.
The prohibition set out in paragraph 2 of this Article shall
not apply to fresh meat obtained from animals reared outside
the areas listed in Annex I and Annex II and transported, by way
of derogation from Article 1(2) and (3), directly and under
official control without contact to holdings situated in areas
listed in Annex I
to a slaughterhouse situated in the areas
listed in Annex I outside the protection zone for immediate
slaughter, provided that such fresh meat is only placed on the
market in the areas listed in Annex I and Annex II and complies
with the following conditions:

(a) all such fresh meat is marked in accordance with the second
subparagraph of Article 4(1) of Directive 2002/99/EC or in
accordance with Annex IV to this Decision;

L 289/50

EN

Official Journal of the European Union

7.11.2007

(b) the slaughterhouse

lishments which they have approved for the purpose of appli-
cation of this paragraph.

(i) is operated under strict veterinary control;

same

in the

(ii) suspends any further preparation of meat for dispatch
in the case of
outside the areas listed in Annex I
animals
slaughter
susceptible to foot-and-mouth disease coming from
holdings situated in areas listed in Annex I until the
slaughter of all such animals and the cleansing and
disinfection
been
completed under the control of an official veterinarian;

slaughterhouse of

slaughterhouse

have

the

of

(c)

the fresh meat is clearly identified, and transported and
stored separately from meat which is eligible for dispatch
outside Cyprus.

Compliance with the conditions set out in the first subpara-
graph shall be checked by the competent veterinary authority
under the supervision of the central veterinary authorities.

The central veterinary authorities shall communicate to the
Commission and to the other Member States a list of the estab-
lishments which they have approved for the purposes of appli-
cation of this paragraph.

7.
The prohibition set out in paragraph 2 shall not apply to
fresh meat obtained from cutting plants situated in the areas
listed in Annex I under the following conditions:

(a) only fresh meat as described in paragraph 4(b) is processed
in that cutting plant, on the same day. Cleaning and disin-
fection shall be carried out after processing of any meat not
meeting this requirement;

8. Meat dispatched from Cyprus to other Member States
shall be accompanied by an official certificate, which shall
bear the following words:

‘Meat conforming to Commission Decision 2007/718/EC of
6 November 2007 concerning certain protection measures
against foot-and-mouth disease in Cyprus’.

Article 3

Meat products

Cyprus shall not dispatch meat products, including treated
1.
stomachs, bladders and intestines, of animals of the bovine,
ovine, caprine and porcine species and other biungulates
(meat products) coming from the areas listed in Annex I or
prepared using meat obtained from animals originating in
those areas.

2.
The prohibition set out in paragraph 1 shall not apply to
and
meat products,
intestines, bearing the health mark in accordance with
Chapter
to Regulation
Section I of Annex
(EC) No 854/2004, provided that the meat products:

including treated stomachs, bladders

III of

I

(a) are clearly identified and have been transported and stored
since the date of production separately from meat products
not eligible, in accordance with this Decision, for dispatch
outside the areas listed in Annex I;

(b) comply with one of the following conditions:

(b) all meat bears the health mark in accordance with Chapter
III of Section I of Annex I to Regulation (EC) No 854/2004;

(i) they are made from meats described in Article 2(4)(b),

or

(c)

the cutting plant is operated under strict veterinary control;

(d) the fresh meat is clearly identified, and transported and
stored separately from meat which is not eligible for
dispatch outside the areas listed in Annex I.

Compliance with the conditions set out in the first subpara-
graph shall be checked by the competent veterinary authority
under the supervision of the central veterinary authorities.

(ii) they have undergone at

the relevant
treatments laid down for foot-and-mouth disease in
Part 1 of Annex III to Directive 2002/99/EC.

least one of

Compliance with the conditions set out in the first subpara-
graph shall be checked by the competent veterinary authority
under the supervision of the central veterinary authorities.

The central veterinary authorities shall communicate to the
other Member States and the Commission a list of the estab-

The central veterinary authorities shall communicate to the
other Member States and the Commission a list of the estab-
lishments which they have approved for the purpose of appli-
cation of this paragraph.

7.11.2007

EN

Official Journal of the European Union

L 289/51

3. Meat products dispatched from Cyprus to other Member
States shall be accompanied by an official certificate, which shall
bear the following words:

The prohibition set out in paragraph 1 shall not apply to
3.
milk prepared in establishments situated in the areas listed in
Annex I under the following conditions:

conforming

‘Meat products,
including treated stomachs, bladders and
intestines,
Decision
to
2007/718/EC of 6 November 2007 concerning certain
protection measures
in
Cyprus’.

foot-and-mouth disease

Commission

against

By way of derogation from paragraph 3 it shall be
4.
sufficient,
in the case of meat products which comply with
the requirements of paragraph 2 and have been processed in
an establishment operating Hazard Analysis and Critical Control
Points (HACCP) and an auditable standard operating procedure
treatment are met and
which ensures
recorded, that compliance with the conditions required for the
treatment laid down in point (b)(ii) of the first subparagraph
of paragraph 2 is
commercial document
stated in the
accompanying the consignment, endorsed in accordance with
Article 9(1).

standards

that

for

in the case of meat products heat
(b)(ii) of

By way of derogation from paragraph 3 it shall be
5.
treated in
sufficient,
accordance with point
subparagraph of
paragraph 2 in hermetically sealed containers so as to ensure
that they are shelf stable, to be accompanied by a commercial
document stating the heat treatment applied.

the first

(a) all milk used in the establishment must either conform
to the conditions set out in paragraph 2 or be obtained
from animals reared and milked outside the areas listed in
Annex I;

(b) the establishment is operated under strict veterinary control;

(c)

the milk must be clearly identified, and transported and
stored separately from milk and dairy products which are
not eligible for dispatch outside the areas listed in Annex I;

(d) transport of raw milk from holdings situated outside the
areas listed in Annex I to the establishments situated in
the areas listed in Annex I is carried out in vehicles which
were cleaned and disinfected prior to operation and had no
subsequent contact with holdings in the areas listed in
Annex I keeping animals of species susceptible to foot-
and-mouth disease.

Compliance with the conditions set out in the first subpara-
graph shall be checked by the competent veterinary authority
under the supervision of the central veterinary authorities.

Article 4

Milk

Cyprus shall not dispatch milk intended or not intended

1.
for human consumption from the areas listed in Annex I.

The central veterinary authorities shall communicate to the
other Member States and the Commission a list of the estab-
lishments which they have approved for the purpose of appli-
cation of this paragraph.

2.
The prohibition set out in paragraph 1 shall not apply to
milk produced from animals kept in areas listed in Annex I
which has been subjected to a treatment in accordance with:

(a) Part A of Annex IX to Directive 2003/85/EC, if the milk is

intended for human consumption; or

(b) Part B of Annex IX to Directive 2003/85/EC, if the milk is
not intended for human consumption or is intended for
feeding to animals of
susceptible to foot-and-
species
mouth disease.

4. Milk dispatched from Cyprus to other Member States shall
be accompanied by an official certificate, which shall bear the
following words:

‘Milk conforming to Commission Decision 2007/718/EC of 6
November 2007 concerning certain protection measures
against foot-and-mouth disease in Cyprus’.

By way of derogation from paragraph 4 it shall be
5.
sufficient,
in the case of milk which complies with the
requirements of paragraph 2 and has been processed in an
establishment operating HACCP and an auditable standard
standards
procedure which
operating
for
treatment
compliance with
are met
that
those requirements
is stated in the commercial document
accompanying the consignment, endorsed in accordance with
Article 9(1).

and recorded,

ensures

that

L 289/52

EN

Official Journal of the European Union

7.11.2007

By way of derogation from paragraph 4 it shall be
6.
sufficient,
in the case of milk which complies with the
requirements in paragraph 2(a) or (b) and which has been
heat treated in hermetically sealed containers so as to ensure
that it is shelf stable, to be accompanied by a commercial
document stating the heat treatment applied.

the substance, and the rind of which has been treated with
0,2 % citric
to wrapping or
packaging.

acid immediately prior

4.
The prohibition set out in paragraph 1 shall not apply to
dairy products prepared in establishments situated in the areas
listed in Annex I under the following conditions:

Article 5

Dairy products

1.
Cyprus shall not dispatch dairy products intended or
not intended for human consumption from the areas listed in
Annex I.

(a) all milk used in the establishment either complies with the
conditions laid down in Article 4(2) or is obtained from
animals outside the areas listed in Annex I;

The prohibition set out in paragraph 1 shall not apply to

2.
dairy products:

(b) all dairy products used in the final products either comply
with the conditions set out in paragraph 2(a) and (b) or
paragraph 3 or are made from milk obtained from
animals outside the areas listed in Annex I;

(a) produced before 15 September 2007; or

(b) prepared from milk complying with the provisions in

Article 4(2) or (3); or

(c)

to a third country where import conditions
for export
permit such products to be subject
to treatment other
than those laid down in Article 4(2) which ensures the
inactivation of the foot-and-mouth disease virus.

(c)

the establishment is operated under strict veterinary control;

(d) the dairy products are clearly identified and transported and
stored separately from milk and dairy products which are
not eligible for dispatch outside the areas listed in Annex I.

Compliance with the conditions set out in the first subpara-
graph shall be checked by the competent authority under the
responsibility of the central veterinary authorities.

3. Without prejudice to Chapter II of Section IX of Annex III
to Regulation (EC) No 853/2004, the prohibition set out in
paragraph 1 of this Article shall not apply to the following
dairy products intended for human consumption:

The central veterinary authorities shall communicate to the
other Member States and the Commission a list of the estab-
lishments which they have approved for the purposes of appli-
cation of this paragraph.

(a) dairy products produced from milk of a controlled pH less
than 7,0 and subject to a heat treatment at a temperature of
at least 72 °C for at least 15 seconds, on the understanding
that such treatment was not necessary for finished products,
the ingredients of which comply with the respective animal
health conditions laid down in Articles 2, 3 and 4 of this
Decision;

5.
The prohibition set out in paragraph 1 shall not apply to
dairy products prepared in establishment situated outside the
listed in Annex I using milk obtained before 15
areas
September 2007, provided that the dairy products are clearly
identified and transported and stored separately from dairy
products which are not eligible for dispatch outside those areas.

(b) dairy products produced from raw milk of bovine, ovine or
caprine animals which have been resident for at least 30
days on a holding situated, within an area listed in Annex I,
in the centre of a circle of at least 10 km radius in which no
outbreak of foot-and-mouth disease has occurred during 30
days prior to the date of production of the raw milk, and
subject to a maturation or ripening process of at least 90
days during which the pH is lowered below 6,0 throughout

6.
Dairy products dispatched from Cyprus to other Member
States shall be accompanied by an official certificate, which shall
bear the following words:

conforming

‘Dairy products
to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
protection measures
in
Cyprus.’

foot-and-mouth disease

against

7.11.2007

EN

Official Journal of the European Union

L 289/53

By way of derogation from paragraph 6 it shall be
7.
sufficient,
in the case of dairy products which comply with
the requirements of paragraph 2(a) and (b) and paragraphs 3
and 4 and have been processed in an establishment operating
HACCP and an auditable standard operating procedure which
ensures that standards for treatment are met and recorded, that
compliance with those requirements is stated in the commercial
document
in
the
accordance with Article 9(1).

accompanying

consignment,

endorsed

By way of derogation from paragraph 6 it shall be
8.
sufficient,
in the case of dairy products which comply with
the requirements of paragraph 2(a) and (b) and paragraphs 3
and 4 and which have been heat treated in hermetically sealed
containers so as to ensure that they are shelf stable, to be
accompanied by a commercial document
stating the heat
treatment applied.

Article 6

Semen, ova and embryos

1.
Cyprus shall not dispatch semen, ova and embryos of the
bovine, ovine, caprine and porcine species and other biun-
gulates (semen, ova and embryos)
from the areas listed in
Annex I and Annex II.

2.

The prohibitions set out in paragraph 1 shall not apply to:

(a) semen, ova and embryos produced before 15 September

2007;

(b) frozen bovine semen and embryos, frozen porcine semen,
and frozen ovine and caprine semen and embryos imported
into Cyprus in accordance with the conditions laid down in
Directives
90/429/EEC or
92/65/EEC respectively, and which since their introduction
into Cyprus have been stored and transported separately
from semen, ova and embryos not eligible for dispatch in
accordance with paragraph 1;

89/556/EEC,

88/407/EEC,

(c)

frozen semen and embryos obtained from bovine, porcine,
ovine and caprine animals kept for at least 90 days prior to
the date of and during collection outside the areas listed in
Annex I and Annex II and which:

30 days after the date of collection and which are
situated in the centre of an area of 10 km radius in
which there has been no case of foot-and-mouth disease
for at least 30 days prior to the date of collection.

Before the dispatch of the semen or embryos referred to in
(b) and (c) the central veterinary authorities shall
points (a),
communicate to the other Member States and the Commission
a list of centres and teams approved for the purpose of appli-
cation of this paragraph.

The

health
and

in Directive
3.
semen
88/407/EEC
dispatched from Cyprus to other Member States shall bear the
following words:

certificate
accompanying

provided

bovine

frozen

for

‘Frozen bovine semen conforming to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
protection measures
in
Cyprus’.

foot-and-mouth disease

against

The

in Directive
4.
health
90/429/EEC and
semen
dispatched from Cyprus to other Member States shall bear the
following words:

certificate
accompanying

provided

porcine

frozen

for

‘Frozen porcine semen conforming to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
protection measures
in
Cyprus’.

foot-and-mouth disease

against

The

health

certificate

5.
in Directive
89/556/EEC and accompanying bovine embryos dispatched
from Cyprus to other Member States shall bear the following
words:

provided

for

embryos

‘Bovine
conforming to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
in
protection measures
Cyprus’.

foot-and-mouth disease

against

(i) have been be stored in approved conditions for a
to the date of

minimum period of 30 days prior
dispatch; and

6.
The health certificate provided for in Directive 92/65/EEC
and accompanying frozen ovine or caprine semen dispatched
from Cyprus to other Member States shall bear the following
words:

(ii) have been collected from donor animals standing in
centres or on holdings which have been free from
foot-and-mouth disease for at least three months prior
to the date of collection of the semen or embryos and

‘Frozen ovine/caprine semen conforming to Commission
Decision 2007/718/EC of 6 November 2007 concerning
certain protection measures against foot-and-mouth disease
in Cyprus’.

L 289/54

EN

Official Journal of the European Union

7.11.2007

The health certificate provided for in Directive 92/65/EEC
7.
and accompanying frozen ovine or caprine embryos dispatched
from Cyprus to other Member States shall bear the following
words:

‘Frozen ovine/caprine embryos conforming to Commission
Decision 2007/718/EC of 6 November 2007 concerning
certain protection measures against foot-and-mouth disease
in Cyprus’.

Article 7

Hides and skins

1.
Cyprus shall not dispatch hides and skins of bovine, ovine,
caprine and porcine species and other biungulates (hides and
skins) from the areas listed in Annex I.

By way of derogation from paragraph 3 it shall be
5.
sufficient,
in the case of hides and skins which comply with
the requirements of point (2)(c) or (d) Part A of Chapter VI of
Annex VIII to Regulation (EC) No 1774/2002, that compliance
with those requirements is stated in the commercial document
accompanying the consignment, endorsed in accordance with
Article 9(1).

Article 8

Other animal products

1.
Cyprus shall not dispatch animal products of the bovine,
ovine, caprine and porcine species and other biungulates not
mentioned in Articles 2 to 7 produced after the 15 September
2007 coming from the areas listed in Annex I, or obtained from
animals originating in the areas listed in Annex I.

The prohibition set out in paragraph 1 shall not apply to

2.
hides and skins which:

Cyprus shall not dispatch dung and manure of the bovine,
ovine, caprine and porcine species and other biungulates from
the areas listed in Annex I.

(a) were produced in Cyprus before 15 September 2007; or

2.
The prohibition set out
paragraph 1 shall not apply to:

in the first subparagraph of

(b) comply with the requirements provided for in point (2)(c)
or (d) of Part A of Chapter VI of Annex VIII to Regulation
(EC) No 1774/2002; or

(a) animal products which:

(c) were produced outside the areas listed in Annex I

in
accordance with the conditions laid down in Regulation
(EC) No 1774/2002, and have since introduction into
Cyprus been stored and transported separately from hides
and skins not eligible for dispatch in accordance with
paragraph 1.

(i) have been subjected to a heat treatment:

— in a hermetically sealed container with a Fo value of

3,00 or more; or

Treated hides and skins shall be separated from untreated hides
and skins.

— in which the centre temperature is raised to at least

70 °C; or

3.
Cyprus shall ensure that hides and skins to be dispatched
to other Member States shall be accompanied by an official
certificate which bears the following words:

and skins

‘Hides
conforming to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
in
protection measures
Cyprus’.

foot-and-mouth disease

against

(ii) were produced outside the areas listed in Annex I in
accordance with the conditions laid down in Regulation
(EC) No 1774/2002, and which since introduction into
Cyprus have been stored and transported separately
from animal products not eligible for dispatch in
accordance with paragraph 1;

By way of derogation from paragraph 3 it shall be
4.
sufficient,
in the case of hides and skins which comply with
the requirements of points (1)(b) to (e) of Part A of Chapter VI
of Annex VIII to Regulation (EC) No 1774/2002, to be ac-
companied by a commercial document stating compliance
with those requirements.

(b) blood and blood products as defined in points 4 and 5 of
Annex I to Regulation (EC) No 1774/2002 which have been
subjected to at least one of the treatments provided for in
point 3(a)(ii) of Part A of Chapter IV of Annex VIII to
Regulation (EC) No 1774/2002,
followed by an effec-
tiveness check, or have been imported in accordance with
Part A of Chapter IV of Annex VIII to Regulation (EC)
No 1774/2002;

7.11.2007

EN

Official Journal of the European Union

L 289/55

(c)

lard and rendered fats which have been subject to the heat
treatment prescribed in point 2(d)(iv) of Part B of Chapter
IV of Annex VII to Regulation (EC) No 1774/2002;

(d) animal casings complying with the conditions in Part A of
Chapter 2 of Annex I to Directive 92/118/EEC and which
have been cleaned, scraped and then either salted, bleached
or dried, followed by steps to prevent the recontamination
of the casings;

(e) sheep wool, ruminant hair and pigs bristles which have
undergone factory washing or have been obtained from
tanning and unprocessed sheep wool, ruminant hair and
pigs bristles which are securely enclosed in packaging and
dry;

(f) petfood conforming to the requirements of points 2, 3 and
4 of Part B of Chapter II of Annex VIII to Regulation (EC)
No 1774/2002;

(g) composite products which are not

to further
treatment containing products of animal origin, on the
understanding that
the treatment was not necessary for
finished products, the ingredients of which comply with
the respective animal health conditions laid down in this
Decision;

subject

(h) game trophies in accordance with points 1, 3 or 4 of
Part A of Chapter VII of Annex VIII to Regulation (EC)
No 1774/2002;

(i) packed animal products intended for use as invitro diag-

nostic, laboratory reagents;

(j) medicinal products as defined in Directive 2001/83/EC,
medical devices manufactured utilising animal tissue which
is rendered non-viable as referred to in Article 1(5)(g) of
Directive 93/42/EEC, veterinary medicinal products as
defined in Directive 2001/82/EC,
and investigational
medicinal products as defined in Directive 2001/20/EC.

By way of derogation from paragraph 3,

it shall be
4.
sufficient, in the case of the products referred to in paragraph
2(a) to (d) and (f) of this Article that compliance with the
commercial
conditions
respective
document
Community
endorsed in accordance with
Article 9(1).

treatment
in

accordance with

for
the
required

stated in the

legislation is

the

By way of derogation from paragraph 3 it shall be
5.
sufficient,
in the case of products referred to in paragraph
2(e) to be accompanied by a commercial document stating
either the factory washing or origin from tanning or compliance
with the conditions laid down in points 1 and 4 of Part A of
Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002.

By way of derogation from paragraph 3 it shall be
6.
sufficient,
in the case of products referred to in paragraph
2(g) which have been produced in an establishment operating
HACCP and an auditable standard operating procedure which
comply with the
ensures
respective
laid down in this
Decision,
this is stated on the commercial document
accompanying the consignment, endorsed in accordance with
Article 9(1).

that preprocessed ingredients
animal health conditions

that

By way of derogation from paragraph 3,

it shall be
7.
sufficient, in the case of products referred to in paragraph 2(i)
and (j), to be accompanied by a commercial document stating
that the products are for use as invitro diagnostic, laboratory
reagents, medical products or medical devices, provided that the
products are clearly labelled ‘for invitro diagnostic use only’ or
‘for laboratory use only’, as ‘medicinal products’ or as ‘medical
devices’.

in the case of composite products that

Derogating from the provisions in paragraph 3, it shall be
the
in Article 6(1) of Commission Decision
they are accompanied by a commercial

8.
sufficient,
conditions set out
2007/275/EC that
document, which bears the following words:

fulfil

‘These composite products are shelf
stable at ambient
temperature or have clearly undergone in their manufacture
a complete cooking or heat treatment process throughout
their substance, so that any raw material is denatured’.

3.
Cyprus shall ensure that the animal products referred to in
paragraph 2 to be dispatched to other Member States shall be
accompanied by an official certificate which bears the following
words:

Article 9

Certification

‘Animal products
conforming to Commission Decision
2007/718/EC of 6 November 2007 concerning certain
protection measures
in
Cyprus’.

foot-and-mouth disease

against

1. Where reference is made to this paragraph, the competent
commercial
authorities of Cyprus
document
intra-
Community trade is endorsed by the attachment of a copy of
an official certificate stating that:

ensure
required by Community

that
the
legislation for

shall

L 289/56

EN

Official Journal of the European Union

7.11.2007

(a)

the products concerned have been produced:

that such cleansing and disinfection is recorded in accordance
with Article 12(2)(d) of Directive 64/432/EEC.

(i) in a production process that has been audited and found
in compliance with the appropriate requirements in
Community animal health legislation and suitable to
destroy the foot-and-mouth disease virus; or

Cyprus shall ensure that operators of ports of exit in
2.
Cyprus ensure that the tyres of road vehicles departing from
Cyprus are exposed to disinfectant.

(ii) from preprocessed materials which had been certified

accordingly; and

Article 11

Certain exempted products

(b) provisions are in place to avoid possible re-contamination
with the foot-and-mouth disease virus after treatment.

The restrictions laid down in Articles 3, 4, 5 and 8 shall not
apply to the dispatch from the areas listed in Annex I of the
animal products referred to in those Articles if such products
were:

the production process

Such certification of
shall bear a
reference to this Decision, shall be valid for 30 days, shall
state the expiry date and shall be renewable after inspection
of the establishment.

2.
In case of products for retail sale to the final consumer,
the competent authorities of Cyprus may authorise consolidated
consignments of animal products other than fresh meat, minced
meat, mechanically separated meat and meat preparations, each
of which is eligible for dispatch in accordance with this
Decision,
to be accompanied by a commercial document
endorsed by the attachment of a copy of an official veterinary
certificate confirming that:

(a)

the premises of dispatch have in place a system to ensure
that goods can only be dispatched if they are traceable to
documentary evidence of compliance with this Decision;
and

(b) the system referred to in (a) has been audited and found

satisfactory.

(a) not produced in Cyprus and remained in their original
the

country of origin of

indicating

the

packaging
products; or

(b) produced in an approved establishment situated in the areas
listed in Annex I from preprocessed products not originating
from those areas, which:

(i) have, since introduction into the territory of Cyprus,
been transported, stored and processed separately from
products which are not eligible for dispatch outside the
areas listed in Annex I;

(ii) are accompanied by a commercial document or official

certificate as required by this Decision.

Article 12

Standstill

Such certification of
the traceability system shall bear a
reference to this Decision, shall be valid for 30 days, shall
state the expiry date and shall be renewable only after the
establishment had been audited with satisfactory results.

1. Without prejudice to the measures to be taken by Cyprus
in accordance with Article 7(3) of Directive 2003/85/EC,
Cyprus shall
implement a temporary ban on the movement
of livestock of the bovine, porcine, ovine and caprine species
and equidae until 12 November 2007.

The competent authorities of Cyprus shall communicate to the
other Member States and the Commission the list of estab-
lishments which they have approved for the purpose of appli-
cation of this paragraph.

2.
By way of derogation from the movement ban referred to
in paragraph 1, the competent authorities may authorise the
movement of:

Article 10

Cleansing and disinfection

(a) bovine, porcine, ovine and caprine animals, provided:

1.
Cyprus shall ensure that vehicles which have been used for
the transport of live animals in the areas listed in Annex I and
Annex II are cleansed and disinfected after each operation, and

(i) all susceptible animals on the holding of origin had
undergone with satisfactory results a clinical inspection;
and

7.11.2007

EN

Official Journal of the European Union

L 289/57

(ii) the animals are transported directly to a slaughterhouse

for immediate slaughter;

information campaigns carried out to prevent introduction of
products of animal origin into the territory of Member States
other than Cyprus.

(b) equidae, provided they are transported in accordance with

paragraph 2 of Annex VI to Directive 2003/85/EC.

Article 13

Measures to be taken by Member States other than Cyprus

1. Member States other than Cyprus shall ensure that live
animals of susceptible species are not dispatched to the areas
listed in Annex I.

2. Without prejudice to the provisions of Article 6 of
Council Decision 90/424/EEC and the measures already taken
by Member States, Member States other than Cyprus shall take
appropriate precautionary measures in relation to susceptible
the date of 15
animals dispatched from Cyprus
September 2007,
inspection,
where necessary combined with laboratory testing to detect or
rule out infection with the foot-and-mouth disease virus, and
where necessary those of Article 4 of Directive 2003/85/EC.

including isolation and clinical

after

Article 15

Implementation

Member States shall amend the measures which they apply to
trade so as to bring them into compliance with this Decision.
They shall immediately inform the Commission thereof.

Article 16

This Decision shall apply until 15 December 2007.

Article 17

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 6 November 2007.

Article 14

Cooperation between Member States

Member States shall co-operate in monitoring personal luggage
of passengers travelling from the areas listed in Annex I and in

For the Commission

Markos KYPRIANOU
Member of the Commission

The following areas in Cyprus:

Cyprus

The following areas in Cyprus:

Cyprus

ANNEX I

ANNEX II

L 289/58

EN

Official Journal of the European Union

7.11.2007

4

B

—

—

—

—

—

5

S/G

—

—

—

—

—

6

P

—

—

—

—

—

7

FG

—

—

—

—

—

8

WG

—

—

—

—

—

The following areas in Cyprus:

1

GROUP

2

ADNS

—

—

—

—

—

ANNEX III

3

Administrative Unit

—

—

—

—

—

ADNS = Animal Disease Notification System Code (Decision 2005/176/EC)
B
S/G
P
FG
WG

= bovine meat
= sheep and goat meat
= pig meat
= farmed game of species susceptible to foot-and-mouth disease
= wild game of species susceptible to foot-and-mouth disease

ANNEX IV

The health mark referred to in Article 2(3):

Dimensions:

CY = 7 mm

Establishment No = 10 mm

Circle outer diameter = 50 mm

Line thickness of Circle = 3 mm