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2.6.2011 Official
Journal
of
the
European
Union L
147/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 536/2011
of 1 June 2011
amending Annex II to Decision 2007/777/EC and Annex I to Regulation (EC) No 798/2008 as
regards the entries for South Africa in the lists of third countries or parts thereof
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(2) Decision
2007/777/EC
also
lays
down
lists
of
third
countries and parts thereof from which such imports
and transit and storage are to be authorised and the
Having regard to the Treaty on the Functioning of the European
public and animal health certificates and the treatments
Union,
required for those products.
Having regard to Council Directive 2002/99/EC of
(3) Part
2
of
Annex
II
to
Decision
2007/777/EC
lays
down
a
16 December 2002 laying down the animal health rules
list of third countries or parts thereof from which
governing the production, processing, distribution and intro
imports into the Union of meat products and treated
duction of products of animal origin for human
stomachs, bladders and intestines which are subject to
consumption ( 1 ) and in particular the introductory phrase of
different treatments, referred to in Part 4 of that
Article 8, the first paragraph of point 1 of Article 8 and
Annex, are authorised.
point 4 of Article 8 thereof,
Having regard to Council Directive 2009/158/EC of
(4) South
Africa
is
listed
in
Part
2
of
Annex
II
of
30 November 2009 on animal health conditions governing
Decision 2007/777/EC as authorised for imports of
intra-Community trade in, and imports from third countries
meat products, treated stomachs, bladders and intestines
of, poultry and hatching eggs ( 2 ), and in particular Articles
for human consumption obtained from meat of
23(1) and 24(2) thereof,
farmed ratites, which undergo a non-specific treatment,
for which no minimum temperature is specified
(treatment A).
Whereas:
(5) Part
3
of
Annex
II
to
Decision
2007/777/EC
lays
down
a
(1) Commission
Decision
2007/777/EC
of
29
November
list of third countries or parts thereof from which
2007 laying down the animal and public health
imports into the Union of biltong/jerky and pasteurised
conditions and model certificates for imports of certain
meat products, which are subject to different treatments,
meat products and treated stomachs, bladders and
referred to in Part 4 of that Annex, are authorised.
intestines for human consumption from third countries
and repealing Decision 2005/432/EC ( 3 ) lays down rules
on imports into the Union and the transit and storage in
the Union of consignments of meat products, as defined
(6)
South Africa is listed in Part 3 of Annex II of Decision
in point 7.1 of Annex I to Regulation (EC) No 853/2004
2007/777/EC as authorised for imports into the Union
of the European Parliament and of the Council of
of biltong/jerky consisting of, or containing meat of
29 April 2004 laying down specific hygiene rules for
poultry, farmed feathered game, ratites and wild game
food of animal origin ( 4 ) and of consignments of
birds which undergo a specific treatment (treatment E).
treated stomachs, bladders and intestines, as defined in
point 7.9 of that Annex.
(7) Commission
Regulation
(EC)
No
798/2008
of
8
August
( 1 ) OJ L 18, 23.1.2003, p. 11.
2008 laying down a list of third countries, territories,
( 2 ) OJ L 343, 22.12.2009, p. 74.
( 3 ) OJ L 312, 30.11.2007, p. 49.
zones or compartments from which poultry and
( 4 ) OJ L 139, 30.4.2004, p. 55.
poultry products may be imported into and transit

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L 147/2
EN
Official Journal of the European Union
2.6.2011
through the Community and the veterinary certification
health conditions for applying ‘treatment A’ to
requirements ( 1 ) lays down veterinary certification
commodities consisting of, or containing meat of
requirements for imports and transit through the Union
farmed ratites or treated stomachs, bladders and
of poultry, hatching eggs, day-old chicks and specified
intestines of ratites for human consumption, listed in
pathogen-free eggs and of meat, minced meat and mech
Part 2 of Annex II to Decision 2007/777/EC and for
anically separated meat of poultry, including ratites and
applying ‘treatment E’ to biltong/jerky and pasteurised
wild game birds, eggs and egg products. That Regulation
meat products consisting of, or containing meat of
provides that the commodities covered by it are only to
poultry, farmed feathered game, ratites and wild game
be imported into and transited through the Union from
birds, listed in Part 3 of that Annex. Those treatments
the third countries, territories, zones or compartments
are insufficient to eliminate animal health risks linked to
listed in the table in Part 1 of Annex I thereto.
those commodities. The entries for South Africa for those
commodities in Parts 2 and 3 of Annex II to Decision
2007/777/EC should therefore be amended, in order to
(8) South
Africa
is
listed
in
Part
1
of
Annex
I
to
Regulation
provide for an adequate treatment thereof.
(EC) No 798/2008 as authorised for imports into the
Union of breeding and productive ratites and of day-
old chicks, hatching eggs and meat of ratites.
(13) Decision 2007/777/EC and Regulation (EC) No
798/2008 should therefore be amended accordingly.
(9) Regulation
(EC)
No
798/2008
also
sets
out
the
conditions for a third country, territorry, zone or
(14) The
measures
provided
for
in
this
Regulation
are
in
compartment to be considered as free from highly
accordance with the opinion of the Standing
pathogenic avian influenza (HPAI) and the requirements
Committee on the Food Chain and Animal Health,
for the veterinary certification in that respect for
commodities destined for imports into the Union.
HAS ADOPTED THIS REGULATION:
(10) South
Africa
has
notified
the
Commission
of
an
outbreak
of HPAI of the H5N2 subtype that was confirmed on its
territory on 9 April 2011.
Article 1
Annex II to Decision 2007/777/EC is amended in accordance
with Annex I to this Regulation.
(11) Due to the confirmed outbreak of HPAI, the territory of
South Africa can no longer be considered as free from
that disease. As a consequence, the veterinary authorities
of South Africa suspended issuing veterinary certificates
Article 2
for consignments of the concerned commodities with
Annex I to Regulation (EC) No 798/2008 is amended in
immediate effect. The entry for South Africa in Part 1
accordance with Annex II to this Regulation.
of Annex I to Regulation (EC) No 798/2008 should
therefore be amended accordingly.
Article 3
(12) In
addition,
as
a
consequence
of
the
HPAI
outbreak,
This Regulation shall enter into force on the third day following
South Africa no longer complies with the animal
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 June 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 226, 23.8.2008, p. 1.

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2.6.2011 Off
ANNEX I
Annex II to Decision 2007/777/EC is amended as follows:
(1) in Part 2, the entry for South Africa is replaced by the following:
‘ZA South
Africa
(1 )
C
C
C
A
D
D
A
C
C
A
A
D XXX’
EN

(2) in Part 3, the entry for South Africa is replaced by the following:
‘ZA South
Africa XXX XXX XXX XXX
D
D
A XXX XXX
A
A
D XXX’
South Africa ZA-1
E
E XXX XXX
D
D
A
E XXX
A
A
D
ANNEX II
icial
In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for South Africa is replaced by the following:
Jour
SPF
nal
of
EP, E
S4’
the
European
BPR
I
‘ZA — South Africa ZA-0 Whole
country
DOR II
P2 9.4.2011
A
Union
HER III
RAT VII P2 9.4.2011
L
147/3

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