Commission Regulation (EC) No 199/2009 of 13 March 2009 laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived from flocks of broilers and turkeys (Text with EEA relevance)
Date: 2009-03-13
Institutions: European Commission
Subjects: animal disease, livestock, livestock farming, poultrymeat, supply, supply balance sheet

14.3.2009

EN

Official Journal of the European Union

L 70/9

COMMISSION REGULATION (EC) No 199/2009

of 13 March 2009

laying down a transitional measure derogating from Regulation (EC) No 2160/2003 of the European
Parliament and of the Council, as regards direct supply of small quantities of fresh meat derived
from flocks of broilers and turkeys

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 2160/2003 of
European Parliament and of
the Council of 17 November
2003 on the control of salmonella and other specified food-
borne zoonotic agents (1) and in particular Article 13 thereof,

Whereas:

(1)

(2)

(3)

(4)

The purpose of Regulation (EC) No 2160/2003 is 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,
level of primary
at
production, in order to reduce their prevalence and the
risk they pose to public health.

and particularly

the

Regulation (EC) No 2160/2003 does not apply to
primary production for private domestic use or leading
to the direct supply, by the producer, of small quantities
of primary products to the final consumer or to local
retail
establishments directly supplying the primary
products to the consumers. Pursuant to that Regulation
such direct supply is to be governed by national rules
the objectives of Regulation (EC) No
ensuring that
2160/2003 are achieved.

for

provides

(EC) No

2160/2003

the prevalence of all

Regulation
a
Community target to be established for the reduction
of
salmonella serotypes with
public health significance in broilers and turkeys at the
level of primary production.
It also provides that the
Community target
is to include the definition of the
testing schemes necessary to verify the achievement of
the target.

No

(EC)

Regulation

646/2007 (2)
Commission
implements Regulation (EC) No 2160/2003 as regards
a Community target for the reduction of the prevalence
of certain salmonella in broilers at the level of primary
production. It also sets out the testing scheme necessary
to verify progress in the achievement of the Community
target. That testing scheme is to apply from 1 January
2009.

No

(EC)

Regulation

584/2008 (3)
Commission
implements Regulation (EC) No 2160/2003 as regards
a Community target for the reduction of the prevalence
of certain salmonella in turkeys at the level of primary
production. It also sets out the testing scheme necessary
to verify progress in the achievement of the Community
target. That testing scheme is to apply from 1 January
2010.

(6)

(7)

(8)

(9)

Regulation (EC) No 2160/2003 does not apply to certain
it applies to flocks of
primary production. However,
broilers and turkeys where the producer
intends to
supply small quantities of the fresh meat, derived from
to the final consumer; or to local retail
such flocks,
establishments directly supplying such fresh meat
to
the final consumer. Accordingly, pursuant to the testing
schemes set out in Regulation (EC) No 646/2007 and
(EC) No 584/2008 such poultry is to be subjected to
mandatory testing prior to slaughter.

Testing of such flocks of broilers and turkeys leads to
for producers with very small
practical difficulties
numbers of animals as continuous
to
slaughter would be required. In particular, sales might
have to be interrupted since the results of the testing
should be known prior to slaughter.

testing prior

In order to avoid that a derogation from the mandatory
continuous testing in such flocks increase the risk for
public health,
should establish
the Member States
national rules governing the supply of the fresh meat
of the producer in order that the purpose of Regulation
(EC) No 2160/2003 is achieved.

from the

It is therefore appropriate as a transitional measure, to
exclude
scope of Regulation (EC) No
2160/2003,
flocks of broilers and turkeys where the
producer intends to supply small quantities of the fresh
meat, derived from such flocks, to the final consumer or
to local retail establishments directly supplying such fresh
meat to the final consumer.

(10)

Such supply is
rare during the winter period and
therefore the transitional measure should apply from
spring 2009.

(1) OJ L 325, 12.12.2003, p. 1.
(2) OJ L 151, 13.6.2007, p. 21.

(3) OJ L 162, 21.6.2008, p. 3.

L 70/10

EN

Official Journal of the European Union

14.3.2009

(11)

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

opinion

the

the

of

(b) local retail establishments directly supplying such fresh meat

to the final consumer.

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 1(2) of Regulation (EC)
1.
No 2160/2003, that Regulation shall not apply to flocks of
broilers and turkeys where the producer only intends
to
supply small quantities of the fresh meat, as defined in point
1.10 of Annex I
the
European Parliament and of the Council (1), derived from such
flocks, to:

to Regulation (EC) No 853/2004 of

2. Member States shall establish national rules governing the
supply of the fresh meat by the producer, as referred to in
paragraph 1, in order that the purpose of Regulation (EC) No
2160/2003 is achieved.

Article 2

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

(a)

the final consumer; or

It shall apply for a period of three years.

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

Done at Brussels, 13 March 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004,

p. 22.