EN
28.7.2011 Official
Journal
of
the
European
Union L
196/3
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 739/2011
of 27 July 2011
amending Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council
laying down specific rules for the organisation of officials controls on products of animal origin
intended for human consumption
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
subject to relevant animal health restrictions. Annex I of
that Directive lists Union legislation containing control
measures for certain animal diseases of relevance to trade
Having regard to the Treaty on the Functioning of the European
in products of animal origin. For reasons of consistency,
Union,
the trade in products of animal origin should only be
restricted for animal health reasons based on Union legis
lation listed in the Annex I.
Having regard to Regulation (EC) No 854/2004 of 29 April
2004 of the European Parliament and the Council laying
down specific rules for the organisation of official controls on
(4) In
accordance
with
Part
E
of
Annex
II
to
Regulation
(EC)
products of animal origin intended for human consumption ( 1 ),
No 2160/2003 of the European Parliament and of the
and in particular Article 17(1) thereof,
Council of 17 November 2003 on the control of
salmonella and other specified food-borne zoonotic
agents ( 3 ), salmonella is to be absent in 25 grams of
Whereas:
fresh poultry meat to be placed on the market for
human consumption. However, pursuant to that Part,
that criterion does not apply to fresh poultry meat
destined for industrial heat treatment or other
(1) Regulation
(EC)
No
854/2004
lays
down
specific
rules
for the organisation of official controls on products of
treatment to eliminate salmonella. Point 2 of Chapter V
animal origin intended for human consumption. In
of Section II of Annex I to Regulation (EC) No 854/2004
particular, a number of provisions relating to meat
provides that the official veterinarian may impose
inspections in Parts B, D and F of Chapter II of Section
requirements concerning the use of certain meat. In
I, and in Chapters I and V of Section II as well as in
order to allow the official veterinarian to impose
Chapter II of Section III of Annex I to that Regulation
industrial heat treatment or other treatment to
refer to, diseases on Lists A or B of the World Organi
eliminate salmonella, Section II, chapter V point 2
sation for Animal Health (OIE).
should be amended.


(5) Annex
I
to
Regulation
(EC)
No
854/2004
should
be
(2) The
OIE
system
categorising
and
listing
of
diseases
has
changed. A single OIE list replaces Lists A and B. In
amended accordingly.
addition, Union legislation is now in line with OIE
recommendations. As a result, most references to those
lists are superfluous. It is therefore appropriate to amend
(6) The
measures
provided
for
in
this
Regulation
are
in
the relevant provisions in Sections I, II and III of Annex I
accordance with the opinion of the Standing
to that Regulation and instead refer to animal diseases
Committee on the Food Chain and Animal Health,
covered by Union legislation when carrying out ante-
mortem or post-mortem inspection or any other
inspection activity, unless reference is made to currently
HAS ADOPTED THIS REGULATION:
unknown diseases originating in third countries.
Article 1
(3) Council
Directive
2002/99/EC
of
16
December
2002 Annex I to Regulation (EC) No 854/2004 is amended in
laying down the animal health rules governing the
accordance with the Annex to this Regulation.
production, processing, distribution and introduction of
products of animal origin for human consumption ( 2 )
provides that products of animal origin are to be
Article 2
obtained from animals which do not come from a
holding, establishment, territory or part of territory
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.
( 1 ) OJ L 139, 30.4.2004, p. 206.
( 2 ) OJ L 18, 23.1.2003, p. 11.
( 3 ) OJ L 325, 12.12.2003, p. 1.

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L 196/4
EN
Official Journal of the European Union
28.7.2011
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 July 2011.
For the Commission
The President
José Manuel BARROSO

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EN
28.7.2011 Official
Journal
of
the
European
Union L
196/5
ANNEX
Annex I to Regulation (EC) No 854/2004 is amended as follows:
(1) in Section I, Chapter II is amended as follows:
(a) In Part B(2), point (b) is replaced by the following:
‘(b) of any condition which might adversely affect human or animal health, paying particular attention to the
detection of zoonotic diseases and animal diseases for which animal health rules are laid down in Union
legislation.’;
(b) in Part D, point 1 is replaced by the following:
‘1. Carcases and accompanying offal must be subjected without delay after slaughter to post-mortem inspection.
All external surfaces must be viewed. Minimal handling of the carcases and offal or special technical facilities
may be required for that purpose. Particular attention must be paid to the detection of zoonotic diseases and
animal diseases for which animal health rules are laid down in Union legislation. The speed of the slaughter
line and the number of inspection staff present must be such as to allow for proper inspection.’;
(c) in Part F(1), point (d) is replaced by the following:
‘(d) the detection of animal diseases for which animal health rules are laid down in Union legislation.’;
(2) Section II is amended as follows:
(a) in Chapter I, point 4 is replaced by the following:
‘4. When the official veterinarian, while carrying out ante-mortem or post-mortem inspection or any other
inspection activity, suspects the presence of an infectious agent of animal diseases for which animal health
rules are laid down in Union legislation, the official veterinarian must notify as appropriate the competent
authority and both must take all necessary measures and precautions to prevent the possible spread of the
infectious agent in accordance with applicable Union legislation.’;
(b) Chapter V is amended as follows:
(i) point 1(e) is replaced by the following:
‘(e) derives from animals affected by animal diseases for which animal health rules are laid down in the
Union legislation listed in Annex I to Council Directive 2002/99/EC (*), except if it is obtained in
conformity with the specific requirements provided for in that legislation, unless otherwise provided
for in Section IV;
___________
(*) OJ L 18, 23.1.2003, p. 11.’;
(ii) point 2 is replaced by the following:
‘2. The official veterinarian may impose requirements concerning the use of meat derived from animals:
(a) having undergone emergency slaughter outside the slaughterhouse; or
(b) if derived from flocks where a treatment of the meat will be applied in accordance with Part (E) of
Annex II to Regulation (EC) No 2160/2003 before placing the meat on the market.’;
(3) in Section III, Chapter II.3, points (e) and (f) are replaced by the following:
‘(e) in the case of an outbreak of animal diseases for which animal health rules are laid down in Union legislation.
This concerns animals susceptible to the particular disease in question that come from the particular region as
defined in Article 2 of Council Directive 64/432/EEC (*);
(f) when stricter controls are necessary to take account of emerging diseases or particular OIE listed diseases.
___________
(*) OJ 121, 29.7.1964, p. 1977/64.’.

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