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26.1.2012 Official
Journal
of
the
European
Union
L
23/9
COMMISSION IMPLEMENTING DECISION
of 24 January 2012
amending Decision 2008/855/EC as regards the dispatch to other Member States of certain meat and
meat products from holdings situated in the areas listed in Part III of the Annex thereto
(notified under document C(2012) 181)
(Text with EEA relevance)
(2012/40/EU)
THE EUROPEAN COMMISSION,
from pigs kept in that Member State be permitted,
provided that the safety of those commodities is
ensured by means of a channelled system.
Having regard to the Treaty on the Functioning of the European
Union,
(6) Such
system
would
consist
of
holdings
or
one
or
more
epidemiological units operating a common bio-security
Having regard to Council Directive 89/662/EEC of
management system and an established supply chain, to
11 December 1989 concerning veterinary checks in intra-
ensure a distinct health status for classical swine fever for
Community trade with a view to the completion of the
the subpopulation of pigs kept therein. Those holdings or
internal market ( 1 ), and in particular Article 9(4) thereof,
epidemiological units are situated in areas in which
surveillance, control and bio-security measures are
being applied.
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
(7)
The holdings belonging to the channelled system and the
with a view to the completion of the internal market (
establishments which are producing, storing and

2 ), and in
particular Article 10(4) thereof,
processing fresh pigmeat and meat preparations and
meat products consisting of or containing such meat
should be approved by the competent authority and
Whereas:
notified to the Commission, provided that they meet
the additional health conditions laid down in Decision
2008/855/EC.
(1) Commission
Decision
2008/855/EC
of
3
November
2008 concerning animal health control measures
relating to classical swine fever in certain Member
(8) In
addition,
the
production,
storage
and
processing
of
States (
such meat and meat preparations and meat products

3 ) lays down certain control measures applicable
in relation to classical swine fever in the Member States
consisting of or containing such meat should be carried
or regions thereof set out in the Annex thereto.
out separately from that of other products consisting of

or containing meat derived from pigs from holdings
outside the channelling system located in the areas
(2) Article
7(1)
of
Decision
2008/855/EC
provides
that
listed in Part III of the Annex to Decision 2008/855/EC.
Member States concerned with areas listed in Part III of
the Annex thereto are to ensure that no consignments of
(9) In
order
to
ensure
the
safety
of
meat,
meat
products
and
fresh pigmeat from holdings located in the areas listed in
meat preparations produced under the channelling
Part III of that Annex, and meat preparations and meat
system, regular inspections should be carried out by
products consisting of or containing such meat are
the competent authority in the holdings which form
dispatched from those areas to other Member States.
part of the channelled system.
(3) Part
III
of
that
Annex
currently
lists
the
whole
territory (10) Council
Directive
2001/89/EC
of
23
October
2001
on
of Romania.
Community measures for the control of classical swine
fever ( 4 ) establishes the minimum Union measures for the
control of classical swine fever. That Directive provides
(4)
Romania has provided information to the Commission
that, as soon as confirmation of a primary case of
showing that the classical swine fever situation in that
classical swine fever in feral pigs has taken place, in
Member State has significantly improved since the
order to reduce the spread of the disease, the
adoption of Decision 2008/855/EC.
competent authority of a Member State is to immediately
order a number of measures detailed in that Directive.
(5) Romania has requested that the dispatch to other
Member States of fresh pigmeat and meat preparations
(11) The
regular
inspections
carried
out
by
the
competent
and meat products consisting of or containing fresh meat
authority in the holdings which form part of the chan
nelled system should in particular verify that those
measures are effectively applied.
( 1 ) OJ L 395, 30.12.1989, p. 13.
( 2 ) OJ L 224, 18.8.1990, p. 29.
( 3 ) OJ L 302, 13.11.2008, p. 19.
( 4 ) OJ L 316, 1.12.2001, p. 5.

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L 23/10
EN
Official Journal of the European Union
26.1.2012
(12) Commission
Decision
2002/106/EC
of
1
February
2002
Commission has examined these corrections and
approving a Diagnostic Manual establishing diagnostic
considers that they are sufficient for the channelled
procedures, sampling methods and criteria for evaluation
system to function effectively.
of the laboratory tests for the confirmation of classical
swine fever ( 1 ) identifies the most suitable sampling
procedures and criteria for evaluation of the results of
(16) In addition, the programme for the control and moni
the laboratory tests for a proper diagnosis of this disease
toring of classical swine fever submitted by Romania was
in different situations. Those procedures and criteria
approved for the period from 1 January 2012 to
should therefore be used during the regular inspections
31 December 2012 by Commission Implementing
carried out by the competent authority in the holdings
Decision 2011/807/EU of 30 November 2011
which form part of the channelling system.
approving annual and multiannual programmes and the
financial contribution from the Union for the eradication,
control and monitoring of certain animal diseases and
(13) Regulation (EC) No 854/2004 of the European
zoonoses presented by the Member States for 2012
Parliament and of the Council of 29 April 2004 laying
and following years ( 4 ). Under that programme and in
down specific rules for the organisation of official
the context of the above referred action plan, Romania
controls on products of animal origin intended for
has implemented additional surveillance measures with
human consumption ( 2 ) provides that Member States
regard to classical swine fever with favourable results.
are to ensure that official controls with respect to fresh
meat take place in accordance with Annex I thereto. That
Regulation also provides that health marks are to be
(17) In
view
of
the
data
available,
it
is
appropriate
to
permit
applied when official controls have not identified any
the dispatch to other Member States of fresh pigmeat and
deficiencies that would make the meat unfit for human
meat preparations and meat products consisting of or
consumption. Consequently, fresh meat produced under
containing such meat from pigs kept in Romania in
the channelling system should, in order to be permitted
accordance to the provisions laid down in this
for dispatch to other Member States, be marked with the
Decision, provided that the channelled system proposed
health mark set out in Chapter III of Section I of Annex I
by that Member State is in place.
to Regulation (EC) No 854/2004.
(18) Decision
2008/855/EC should therefore be amended
(14) Regulation (EC) No 853/2004 of the European
accordingly.
Parliament and of the Council of 29 April 2004 laying

down specific hygiene rules for food of animal origin ( 3 )
provides that food business operators are not to place on
(19) The
measures provided for in this Decision are in
the market a product of animal origin handled in an
accordance with the opinion of the Standing
establishment subject to approval in accordance with
Committee on the Food Chain and Animal Health,
that Regulation, unless it has either a health mark
applied in accordance with Regulation (EC) No
854/2004 or, when that Regulation does not provide
HAS ADOPTED THIS DECISION:
for the application of a health mark, an identification
mark applied in accordance with Annex II to Regulation
(EC) No 853/2004. The meat preparations and meat
Article 1
products containing pigmeat produced under the chan
nelling system should therefore be marked with the
The following Article 8c is inserted in Decision 2008/855/EC:
identification mark provided for in Section I of Annex
II to Regulation (EC) No 853/2004, in order to be
‘Article 8c
permitted for dispatch to other Member States.
Dispatch to other Member States of fresh pigmeat and
meat preparations and meat products consisting of or
(15) The
Food
and
Veterinary
Office
(FVO)
carried
out
an
containing such meat from the areas listed in Part III
audit in Romania in July 2011. A number of significant
of the Annex
deficiencies were outlined in the implementation of the
programme for the control and monitoring of classical
1. By
way
of
derogation
from
Article
7(1),
the
Member
swine fever as well as in the channelled system proposed
States concerned with areas listed in Part III of the Annex
by Romania. However, the conclusion of the report was
may authorise the dispatch to other Member States of fresh
that the implementation of such a system in that
pigmeat and meat preparations and meat products consisting
Member State has the potential to function effectively,
of or containing such meat, provided that they:
given some relatively minor amendments. The FVO
report made specific recommendations for the
improvement of these deficiencies by the Romanian
(a) are derived from pigs which have been kept since birth in
authorities. Following the audit, Romania has informed
holdings:
the Commission that the deficiencies identified during
the audit have been corrected following the implemen
tation of an action plan that addresses them. The
(i) which are approved for that purpose by the
competent authority and notified by it to the
Commission and the other Member States;
( 1 ) OJ L 39, 9.2.2002, p. 71.
( 2 ) OJ L 139, 30.4.2004, p. 206.
( 3 ) OJ L 139, 30.4.2004, p. 55.
( 4 ) OJ L 322, 6.12.2011, p. 11.

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EN
26.1.2012 Official
Journal
of
the
European
Union L
23/11
(ii) which implement a bio-security plan approved by
(vii) which are located in a county in which:
the competent authority;
— a programme for the control and monitoring of
(iii) which have only introduced pigs from holdings:
classical swine fever approved by the
Commission is implemented,
— approved in accordance with this Decision, or
— the incidence and prevalence of classical swine
— located in areas not listed in the Annex and not
fever in domestic and feral pigs has significantly
subject to any restrictions for classical swine
decreased,
fever in accordance with national or Union legis
lation during a period of 6 months prior to the
introduction of the pigs; the period preceding the
— no evidence of classical swine fever virus circu
date of approval of the holding in accordance
lation in pigs has been detected in the last 12
with this Decision is included in that six-
months;
month period;
(b) were produced in slaughterhouses, cutting plants and
(iv) which are regularly inspected by the competent
meat processing establishments:
authority at intervals of not more than 3 months;
during such inspections the competent authority
must at least:
(i) which are approved for that purpose by the
competent authority and notified by it to the
Commission and the Member States;
— follow the guidelines laid down in Chapter III of
the Annex to Decision 2002/106/EC,
(ii) in which the production, storage and processing of
— carry out a clinical examination in accordance
the fresh meat and meat preparations and meat
with the checking and sampling procedures laid
products consisting of or containing such meat
down in Part A of Chapter IV of the Annex to
eligible for dispatch to other Member States is
Decision 2002/106/EC,
carried out separately from the production, storage
and processing of other products consisting of or
containing fresh meat and meat preparations and
— verify the effective application of the provisions
meat products consisting of or containing meat
laid down in the second indent and in the fourth
derived from pigs originating in or coming from
to seventh indents of Article 15(2)(b) of Directive
holdings other than those approved pursuant to
2001/89/EC,
point (a)(i).
— immediately suspend or withdraw the approval
in case of non-compliance;
2. The
fresh
pigmeat
referred
to
in
paragraph
1
shall
be
marked as provided for in Chapter III of Section I of Annex I
to Regulation (EC) No 854/2004.
(v) where the animals have been subjected to laboratory
testing for classical swine fever carried out with
negative results on samples taken in accordance
The meat preparations and meat products consisting of or
with the sampling procedures as laid down in the
containing meat referred to in paragraph 1 shall be marked
classical swine fever surveillance plan implemented
as provided for in Section I of Annex II to Regulation (EC)
by the competent authority for a period of at least 6
No 853/2004.’
months prior to movement to the slaughterhouse
referred to in point (b);
Article 2
(vi) which are located in the centre of an area of at least
This Decision is addressed to the Member States.
10 km radius in which animals in the pig holdings
have been subjected to laboratory testing for classical
swine fever carried out with negative results on
Done at Brussels, 24 January 2012.
samples taken in accordance with the sampling
procedures as laid down in the classical swine
fever surveillance plan implemented by the
For the Commission
competent authorities for at least the last 3
months prior to movement to the slaughterhouse
John DALLI
referred to in point (b);
Member of the Commission

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