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15.11.2012 Official
Journal
of
the
European
Union L
318/71
COMMISSION IMPLEMENTING DECISION
of 13 November 2012
amending Decision 2008/855/EC as regards the dispatch to other Member States of certain meat and
meat products from Member States concerned with areas listed in Part III of the Annex thereto
(notified under document C(2012) 7977)
(Text with EEA relevance)
(2012/702/EU)
THE EUROPEAN COMMISSION,
(4)
Article 8c of Decision 2008/855/EC provides that, by
way of derogation from Article 7(1) of that Decision,
Member States concerned with areas listed in Part III of
Having regard to the Treaty on the Functioning of the European
the Annex thereto may authorise the dispatch to other
Union,
Member States of fresh pigmeat and meat preparations
and meat products consisting of or containing such meat,
under certain conditions.
Having regard to Council Directive 89/662/EEC of 11 December
1989 concerning veterinary checks in intra-Community trade
with a view to the completion of the internal market (
(5) Articles
8a
and
8c
of
Decision
2008/855/EC
provide
for

1 ), and in
particular Article 9(4) thereof,
two channelling systems for fresh pigmeat, meat prep
arations and meat products consisting of or containing
such meat that fulfil certain conditions to ensure that
they do not pose a risk as regards the classical swine
Having regard to Council Directive 90/425/EEC of 26 June
fever agent. Slaughterhouses, cutting plants and meat
1990 concerning veterinary and zootechnical checks applicable
processing establishments could therefore work under
in intra-Community trade in certain live animals and products
both systems at the same time without introducing
with a view to the completion of the internal market ( 2 ), and in
additional risks provided that some further requirements
particular Article 10(4) thereof,
related to the notification of the lists of holdings and
establishments are in place. The two provisions
governing the two systems can thus be merged and the
Whereas:
complying holdings, slaughterhouses, cutting plants and
meat processing establishments may be approved accord
ingly.
(1) Commission
Decision
2008/855/EC
of
3
November
2008 concerning animal health control measures
relating to classical swine fever in certain Member
(6)
In order to ensure a proper monitoring and transparency
States (
of the functioning of the channelling system for fresh

3 ) lays down certain control measures concerning
classical swine fever in the Member States or regions
pigmeat, certain meat preparations and meat products
thereof set out in the Annex thereto.
consisting of or containing such meat, it is appropriate
that the Member States applying the system keep an
updated list of the holdings, slaughterhouses, cutting
plants and meat processing establishments approved for
(2) Article
7(1)
of
Decision
2008/855/EC
provides
that
the channel system and that this list is timely made
Member States concerned with areas listed in Part III of
available to the Commission and the other Member
the Annex thereto are to ensure that no consignments of
States.
fresh pigmeat from holdings located in the areas listed in
that Part of that Annex, and meat preparations and meat
products consisting of, or containing such meat are
dispatched from those areas to other Member States.
(7) Decision
2008/855/EC
should
therefore
be
amended
accordingly.
(3) Article 8a of Decision 2008/855/EC provides that
Member States concerned with areas listed in Part III of
(8) The
measures
provided
for
in
this
Decision
are
in
the Annex thereto may authorise the dispatch to other
accordance with the opinion of the Standing
Member States of fresh pigmeat and meat preparations
Committee on the Food Chain and Animal Health,
and meat products consisting of or containing meat
derived from pigs from holdings located outside the
areas listed in that Part of the Annex to that Decision
HAS ADOPTED THIS DECISION:
under certain conditions.
( 1 ) OJ L 395, 30.12.1989, p. 13.
Article 1
( 2 ) OJ L 224, 18.8.1990, p. 29.
( 3 ) OJ L 302, 13.11.2008, p. 19.
Decision 2008/855/EC is amended as follows:

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L 318/72
EN
Official Journal of the European Union
15.11.2012
(1) Article 8a is replaced by the following:
(ii) carry out a clinical examination in accordance with
the checking and sampling procedures laid down in
Part A of Chapter IV of the Annex to Decision
‘Article 8a
2002/106/EC;
Dispatch of fresh pigmeat and meat preparations and
meat products consisting of or containing such meat
(iii) verify the effective application of the provisions laid
from Member States concerned with areas listed in
down in the second indent and in the fourth to
Part III of the Annex to other Member States
seventh indents of Article 15(2)(b) of Directive
1. The
Member
States
concerned
with
areas
listed
in
Part
2001/89/EC;
III of the Annex may authorise the dispatch to other
Member States of fresh pigmeat derived from pigs which
(iv) immediately suspend or withdraw the approval in
have been kept since birth in holdings located outside the
case of non-compliance with the above conditions;
areas listed in Part III of the Annex, and meat preparations
and meat products consisting of, or containing such meat, if
the meat, the meat preparations and meat products are
(d) are regularly subjected to a laboratory surveillance
produced, stored and processed in establishments
scheme where the animals have been subjected to
approved pursuant to paragraph 4.
laboratory testing for classical swine fever carried out
with negative results on samples taken in accordance
with the sampling procedures as laid down in the
2. By
way
of
derogation
from
Article
7(1),
Member
classical swine fever surveillance plan implemented by
States with areas listed in Part III of the Annex may
the competent authority for a period of at least six
authorise the dispatch to other Member States of fresh
months prior to movement to the slaughterhouse;
pigmeat, meat preparations and meat products consisting
of or containing such meat provided that:
(e) are located in the centre of an area of at least 3 km
radius in which animals in the pig holdings have been
(a) the meat derives from pigs which have been kept in
subjected to laboratory testing for classical swine fever
holdings located inside the areas listed in Part III of
carried out with negative results on samples taken in
the Annex and which are approved in accordance
accordance with the sampling procedures as laid down
with paragraph 3;
in the classical swine fever surveillance plan imple
mented quarterly by the competent authorities;
(b) they were produced in slaughterhouses, cutting plants
and meat processing establishments which are approved
(f) are located in a county in which:
in accordance with paragraph 4.
— a programme for the control and monitoring of
3. The
competent
authority
of
the
Member
State
shall
classical swine fever approved by the Commission
only approve holdings for the purpose of paragraph 2(a)
is implemented,
provided that those holdings:
— the incidence and prevalence of classical swine fever
(a) implement a bio-security plan approved by the
in domestic and feral pigs has significantly
competent authority;
decreased,
(b) have only introduced pigs from holdings which are:
— no evidence of classical swine fever virus circulation
in pigs has been detected in the last 12 months.
(i) approved in accordance with this Decision; or
4. The
competent
authority
of
the
Member
States
shall
only approve slaughterhouses, cutting plants and meat
(ii) located in areas not listed in the Annex and not
processing establishments for the purpose of paragraph 1
subject to any restrictions for classical swine fever
and of point (b) of paragraph 2 in which the production,
in accordance with national or Union legislation
storage and processing of the fresh meat and meat prep
during a period of six months prior to the intro
arations and meat products consisting of or containing such
duction of the pigs; the period preceding the date of
meat eligible for dispatch to other Member States is carried
approval of the holding in accordance with this
out separately from the production, storage and processing
Decision is included in that six-month period;
of other products consisting of or containing fresh meat
and meat preparations and meat products consisting of or
containing meat derived from pigs originating in or coming
(c) are regularly inspected by the competent authority at
from holdings located in areas listed in Part III of the Annex
intervals of not more than three months; during such
other than those approved pursuant to paragraph 3.
inspections the competent authority must at least:
5. Pigmeat, meat preparations and meat products
(i) follow the guidelines laid down in Chapter III of the
referred to in paragraphs 1 and 2 shall be marked as
Annex to Decision 2002/106/EC;
follows:

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EN
15.11.2012 Official
Journal
of
the
European
Union L
318/73
(a) fresh pigmeat shall be marked as provided for in
Member States within 24 hours of the approval of the first
Chapter III of Section I of Annex I to Regulation (EC)
holding or establishment or of any subsequent amendment
No 854/2004;
to it.’;
(2) Article 8c is deleted.
(b) meat preparations and meat products shall be marked as
provided for in Section I of Annex II to Regulation (EC)
No 853/2004.
Article 2
This Decision is addressed to the Member States.
6. Member
States
applying
the
provisions
of
paragraph
1
or the derogation provided for in paragraph 2 shall keep an
updated list of the holdings, slaughterhouses, cutting plants
Done at Brussels, 13 November 2012.
and meat processing establishments approved according to
paragraphs 3 and 4. That list shall at least indicate the
For the Commission
name, address, official registration number, type of estab
lishment and date of approval. That list, and any update of
Maro EFOVI
it, shall be notified to the Commission and the other
Vice-President

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Document Outline

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