Commission Decision

of 3 July 2008

amending Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries

(notified under document number C(2008) 3301)

(Text with EEA relevance)

(2008/592/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 [1], and in particular Article 8(1) and (4) and Article 9(2)(b) and (4)(b) and (c) thereof,

Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs [2], and in particular Article 12 thereof,

Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin [3], and in particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption [4], and in particular Article 16 thereof,

Whereas:

(1) Commission Decision 2000/572/EC [5] lays down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries.

(2) Following the entry into application of Regulations (EC) Nos 852/2004, 853/2004 and 854/2004 and of Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat [6], it is necessary to amend and update Community health conditions and certification requirements for the imports into the Community of meat preparations in order to introduce the correct references to the new legislation.

(3) Traces (Trade Control and Expert System) is an integrated computerised veterinary system introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC [7]. Standardisation of health certificates is essential for the effective computer processing of the certificates in the Traces system.

(4) Commission Decision 2007/240/EC of 16 April 2007 laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/EC [8] provides that the various veterinary and public and animal health certificates required for the import of live animals, semen, embryo, ova and products of animal origin into the Community and the certificates for transit through the Community of products of animal origin are to be based on the standard models for veterinary certificates in Annex I to that Decision.

(5) Accordingly, the model certificates set out in Annexes II and III to Decision 2000/572/EC should be replaced by new models in order to ensure compatibility with Traces.

(6) To avoid any disruption of trade, the use of the certificates issued in accordance with Decision 2000/572/EC before the amendments introduced by the present Decision, should be authorised for a period of six months after the date of application of this Decision. Those certificates should be accepted for import into the community for a period of 10 months after the application of the present Decision.

(7) Decision 2000/572/EC should therefore be amended accordingly.

(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2000/572/EC is amended as follows:

1. Article 3 is replaced by the following:

"Article 3

The importation of meat preparations is subject to the following conditions:

1. they have been produced in accordance with the relevant requirements laid down in Regulations (EC) No 178/2002 of the European Parliament and of the Council [], (EC) No 852/2004 of the European Parliament and of the Council [], (EC) No 853/2004 of the European Parliament and of the Council [] and (EC) No 999/2001 of the European Parliament and of the Council [] as specified in the health certificate referred to in Article 4(2) of this Decision;

2. they come from an establishment or establishments implementing a programme based on the hazard analysis and critical control point (HACCP) principles in accordance with Regulation (EC) No 852/2004;

3. they have been frozen at an internal temperature of not more than – 18 °C at the production plant or plants of origin.

2. Article 4a is amended as follows:

(a) in point (a), "Decision 94/984/EC" is replaced by "Commission Decision 2006/696/EC []

(b) in point (b), the words "Decision 94/984/EC" are replaced by "Decision 2006/696/EC".

3. Annexes II and III are replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 1 July 2008.

However, consignments of meat preparations for which health certificates were issued in accordance with the model established by Decision 2000/572/EC before the amendments introduced by the present Decision and with an issue date prior to 31 December 2008, shall be accepted for import into the Community until 1 April 2009.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 3 July 2008.

For the Commission

Androulla Vassiliou

Member of the Commission

[1] OJ L 18, 23.1.2002, p. 11.

[2] OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3.

[3] OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

[4] OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

[5] OJ L 240, 23.9.2000, p. 19. Decision as last amended by Decision 2004/437/EC (OJ L 154, 30.4.2004, p. 65, as corrected by OJ L 189, 27.5.2004, p. 52).

[6] OJ L 338, 22.12.2005, p. 60. Regulation as last amended by Regulation (EC) No 1245/2007 (OJ L 281, 25.10.2007, p. 19).

[7] OJ L 94, 31.3.2004, p. 63. Decision as last amended by Decision 2005/515/EC (OJ L 187, 19.7.2005, p. 29).

[8] OJ L 104, 21.4.2007, p. 37.

[] OJ L 31, 1.2.2002, p. 1.

[] OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3.

[] OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22.

[] OJ L 147, 31.5.2001, p. 1.";

[] OJ L 295, 25.10.2006, p. 1.";

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ANNEX

"

ANNEX II

Model animal and public health certificate for meat preparations intended for consignment to the European Community from third countries

COUNTRY

Veterinary certificate to EU

I.1. Consignor

Name

Address

Tel.:

I.2. Certificate reference number

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

Tel.:

I.6.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name

Approval number

Address

I.12.

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

Documentary references:

I.16. Entry BIP in EU

I.17.

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of product

Frozen

I.22. Number of packages

I.23. Identification of container/seal number

I.24. Type of packaging

I.25. Commodities certified for:

Human consumption

I.26.

I.27. For import or admission into EU

I.28. Identification of the commodities

Approval number of establishments

Species

(Scientific name)

Treatment type

Abattoir

Manufacturing plant

Cold store

Number of packages

Net weight

Part I: Details of dispatched consignment

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COUNTRY

Meat preparations: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

The meat preparations (1) contains the following meat constituents and meet the criteria indicated below:

Species (A)

Origin (B)

(A) Insert the code for the relevant species of meat contained in the meat preparations where BOV = domestic bovine animals (including Bison and Bubalus species and their crossbreds); OVI = domestic sheep (Ovis aries) and goats (Capra hircus); EQU = domestic solipeds (Equus caballus, Equus asinus and their crossbreds), POR = domestic animals belonging to the Suidae, Tayassuidae, or Tapiridae families; RAB = domestic rabbits, PFG = domestic poultry and farmed feathered game, RUF = farmed non-domestic animals of the order Artiodactyla (excluding bovine animals (including Bison and Bubalus species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae; RUW = wild non-domestic animals of the order Artiodactyla (excluding bovine animals (including Bison and Bubalus species and their cross-breeds), Ovis aries, Capra hircus, Suidae and Tayassuidae), and of the families Rhinocerotidae and Elephantidae; EQW = wild non-domestic solipeds belonging to the subgenus Hippotigris (Zebra), WLP = wild lagomorphs, WGB = wild game birds.

(B) Insert the ISO code of the country of origin and, in the case of regionalization by Community legislation for the relevant meat constituents, the region.

II.1. Public health attestation

I, the undersigned official veterinarian, declare that I am aware of the relevant provisions of Regulations (EC) No 178/2002, (EC) No 852/2004, (EC) No 853/2004 and (EC) No 999/2001 and certify that the meat preparations described above were produced in accordance with those requirements, in particular that:

II.1.1. they come from (an) establishment(s) implementing a programme based on the HACCP principles in accordance with Regulation (EC) No 852/2004;

II.1.2. they have been produced from raw material which meets the requirements of Sections I to IV of Annex III to Regulation (EC) No 853/2004; in particular that:

II.1.2.1. (2) if obtained from domestic pig meat, this meat fulfills the requirements of Commission Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat, and in particular:

(2) either [has been subjected to an examination by a digestion method with negative results;]

(2) or [has been subjected to a freezing treatment in accordance with Annex II to Regulation (EC) No 2075/2005;]

(2) or [in the case of meat from domestic swine kept solely for fattening and slaughter, comes from a holding or category of holdings that has been officially recognized by the competent authority as free from Trichinella in accordance with Annex IV to Regulation (EC) No 2075/2005;]

II.1.2.2. (2) if obtained from horse meat or wild boar meat, this meat fulfills the requirements of Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat, and in particular, has been subject to an examination by a digestion method with negative results;

II.1.3. they have been produced in accordance with Section V of Annex III to Regulation (EC) No 853/2004 and frozen to an internal temperature of not more than – 18 °C;

II.1.4. they have been marked with an identification mark in accordance with Section I of Annex II to Regulation (EC) No 853/2004;

II.1.5. the label(s) affixed on the packaging of meat preparations described above bear(s) a mark to the effect that the meat preparations come wholly from fresh meat from animals slaughtered in slaughterhouses approved for exporting to the European Community;

II.1.6. they satisfy the relevant criteria set out in Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs;

II.1.7. the guarantees covering live animals and products thereof provided by the residue plans submitted in accordance with Directive 96/23/EC, and in particular Article 29 thereof, are fulfilled;

II.1.8. they have been stored and transported in accordance with the relevant requirements of Section V of Annex III to Regulation (EC) No 853/2004;

Part II: Certification

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COUNTRY

Meat preparations: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

(2) [II.1.9. if containing material from bovine, ovine or caprine animals, the fresh meat used in the preparation of the meat preparations shall be subject to the following conditions depending on the BSE risk category of the country of origin:

either (2) [II.1.9.1. for imports from a country or a region with a negligible BSE risk as listed in the Annex to Decision 2007/453/EC:

II.1.9.1.1. the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a negligible BSE risk;

II.1.9.1.2. the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country with negligible BSE risk and passed ante-mortem and post-mortem inspections;

(2) [II.1.9.1.3. if in the country or region there have been BSE indigenous cases:

either (2) [the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced],

or (2) [the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]]]

or (2) [II.1.9.1. for imports from a country or a region with a controlled BSE risk as listed in the Annex to Decision 2007/453/EC:

II.1.9.1.1. the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a controlled BSE risk;

II.1.9.1.2. the animals from which the products of bovine, ovine and caprine animal origin were derived passed ante-mortem and post-mortem inspections;

II.1.9.1.3. the animals from which the products of bovine, ovine and caprine animal origin destined for export were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

II.1.9.1.4. the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]

or (2) [II.1.9.1. for imports from a country or a region with an undetermined BSE risk as listed in Annex to Decision 2007/453/EC:

II.1.9.1.1. the animals from which the products of bovine, ovine and caprine animal origin were derived have not been fed meat-and-bone meal or greaves derived from ruminants and have passed ante-mortem and post-mortem inspections;

II.1.9.1.2. the animals from which the products of bovine, ovine and caprine animal origin were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

II.1.9.1.3. the products of bovine, ovine and caprine animal origin are not derived from:

(i) specified risk material as defined in Annex V to Regulation (EC) No 999/2001;

(ii) nervous and lymphatic tissues exposed during the deboning process;

(iii) mechanically separated meat obtained from bones of bovine, ovine or caprine animals.]]

II.2. Animal Health attestation

I, the undersigned, certify that the meat preparations described above:

consist of meat derived from the species referred to in Part I box reference I.28

that is eligible for export to the European Community as fresh meat and that satisfy all the relevant animal health import requirements laid down in Decision(s) (2) (3),

and/or

that originate in a Member State of the European Community (2) (4),

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COUNTRY

Meat preparations: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

II.3. Animal welfare attestation

I, the undersigned, official veterinarian hereby certify, that the meat preparations (1) described in Part I of this certificate are derived from meat from animals which have been treated in the slaughterhouse before and at the time of slaughter or killing in accordance with the relevant provisions of European Community legislation.

Notes

Part I:

Box reference I.7: name of the country of origin which must be the same as the country of export.

Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) is to be provided. In case of unloading and reloading, the consignor must inform the border inspection post of entry into the European Community.

Box reference I.19: Use the appropriate Harmonised System (HS) code of the World Customs Organisation: 02.10, 16.01 or 16.02.

Box reference I.20: Indicate total gross weight and total net weight.

Box reference I.21: frozen corresponds to an internal temperature of not more than – 18 °C.

Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.

Box reference I.28: “Species”: select among species described in Part II (A);

“Treatment type”: storage life (dd/mm/yyyy);

“Cold store”: give the address(es) and approval number(s) of approved cold stores if necessary.

Part II:

(1) Meat preparations as laid down in point 1.15 of Annex I to Regulation (EC) No 853/2004.

(2) Keep as appropriate.

(3) Comply with the animal health conditions as laid down Decision 79/542/EEC and/or Decision 2006/696/EC and/or Decision 2000/585/EC. Only meat from the concerned exporting third country can be utilised in the manufacture of the meat preparations.

(4) Only meat of species and categories for which imports from the concerned third country are authorised by the European Community can be sourced from the Member States for utilisation in the manufacture of the meat preparations.

The colour of the stamp and signature must be different from that of the other particulars in the certificate.

Note for the importer: This certificate is only for veterinary purposes and has to accompany the consignment until it reaches the border inspection post.

Official veterinarian

Name (in capitals):

Qualification and title:

Date:

Signature:

Stamp:

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ANNEX III

(TRANSIT AND/OR STORAGE)

COUNTRY

Veterinary certificate to EU

I.1. Consignor

Name

Address

Tel.:

I.2. Certificate reference number

I.2.a.

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Postal code

Tel.:

I.6. Person responsible for the load in EU

Name

Address

Postal code

Tel.:

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name

Approval number

Address

I.12. Place of destination

Custom warehouse

Ship supplier

Name

Approval number

Address

Postal code

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

Documentary references:

I.16. Entry BIP in EU

I.17.

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of product

Frozen

I.22. Number of packages

I.23. Identification of container/seal number

I.24. Type of packaging

I.25. Commodities certified for:

Human consumption

I.26. For transit through EU to third country

3rd country

ISO code

I.27.

I.28. Identification of the commodities

Approval number of establishments

Species

(Scientific name)

Treatment type

Abattoir

Manufacturing plant

Cold store

Number of packages

Net weight

Part I: Details of dispatched consignment

+++++ TIFF +++++

COUNTRY

Meat preparations for transit and/or storage: MP-PREP

II. Health information

II.a. Certificate reference number

II.b.

II. Animal health attestation

I, the undersigned official veterinarian, hereby certify, that the meat preparations (1) for transit/storage (2) described above:

II.1. come from a country or region authorised for imports of the species concerned into the European Community as laid down in [Part 1 of Annex II to Decision 79/542/EEC] (3) and/or [Part 1 of Annex II to Decision 2006/696/EC] (3) and/or [Annex I to Decision 2000/585/EC] (3) at the time of slaughter, and

II.2. comply with the relevant animal health conditions as laid down in the animal health attestation in the model certificate(s) [[BOV]/[POR]/[OVI]/[EQU]/[RUF]/[RUW]/[SUF]/[SUW]/[EQW] (3) in Part 2 of Annex II to Decision 79/542/EEC] and/or [[POU]/[RAT]/[WGM] (3) in Part 2 of Annex II to Decision 2006/696/EC] (3) and/or [[C]/ [E]/[H] (3) in Annex III to Decision 2000/585/EC] (3)

II.3. are derived from animals which were slaughtered and processed on or between … (4)

Notes

Part I:

Box reference I.7: Country and description of territory. Meat in the meat preparations must come from a country or region authorized for imports of the species concerned into the European Community as laid down in Annex I to Decision 2000/585/EC and/or Part 1 of Annex II to Decision 79/542/EEC and/or Annex I to Decision 2006/696/EC.

Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) is to be provided. In case of unloading and reloading, the consignor must inform the border inspection post of entry into the European Community.

Box reference I.19: Use the appropriate Harmonised System (HS) code of the World Customs Organisation: 02.10, 16.01 or 16.02.

Box reference I.20: Indicate total gross weight and total net weight.

Box reference I.21: Frozen corresponds to an internal temperature of not more than – 18 °C.

Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.

Box reference I.28: “Species”: select among species described in Part II.2;

“Treatment type”: storage life (dd/mm/yyyy);

“Cold store”: give the address(es) and approval number(s) of approved cold stores if necessary.

Part II:

(1) Meat preparations as laid down in point 1.15 of Annex I to Regulation (EC) No 853/2004.

(2) In accordance with Article 12(4) or Article 13 of Directive 97/78/EC.

(3) Keep as appropriate.

(4) Date or dates of slaughter. Imports of meat preparations shall not be allowed when the meat in the meat preparation has been obtained from animals slaughtered either prior to the date of authorisation for exportation to the European Community of the territory mentioned under Part I, box reference I.7, or during a period where restrictive measures have been adopted by the European Community against imports of meat of the species concerned from this territory.

The colour of the stamp and signature must be different from that of the other particulars in the certificate.

Official veterinarian

Name (in capitals):

Qualification and title:

Date:

Signature:

Stamp:

Part II: Certification

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"

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