HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 37/50
EN
Official Journal of the European Union
10.2.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 110/2012
of 9 February 2012
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,
zones or compartments from which poultry and poultry
products may be imported into and transit through the
Community and the veterinary certification require
Having regard to the Treaty on the Functioning of the European
ments ( 5 ) lays down veterinary certification requirements
Union,
for imports into and transit, including storage during
transit, through the Union of poultry, hatching eggs,
day-old chicks, specified pathogen-free eggs, meat,
minced meat and mechanically separated meat of
Having regard to Council Directive 2002/99/EC of
poultry, including ratites and wild game birds, eggs and
16 December 2002 laying down the animal health rules
egg products. That Regulation provides that those
governing the production, processing, distribution and intro
commodities are only to be imported into the Union
duction of products of animal origin for human consump
from the third countries, territories, zones or
tion ( 1 ) and in particular the introductory phrase of Article 8,
compartments listed in Part 1 of Annex I thereto.
the first subparagraph of point 1 of Article 8 and point 4 of
Article 8 thereof,
(4) Regulation
(EC)
No
798/2008
also
sets
out
the
Having regard to Council Directive 2009/158/EC of
conditions for a third country, territory, zone or
30 November 2009 on animal health conditions governing
compartment to be considered as free from highly
intra-Community trade in, and imports from third countries
pathogenic avian influenza (HPAI) and the requirements
of, poultry and hatching eggs ( 2 ), and in particular Articles
for the veterinary certification in that respect for
23(1) and 24(2) thereof,
commodities destined for imports into the Union.
Whereas:
(5) In
April
2011,
South
Africa
notified
the
Commission
of
an outbreak of highly pathogenic avian influenza (HPAI)
(1) Commission
Decision
2007/777/EC
of
29
November
on its territory. As a consequence, Decision 2007/777/EC
2007 laying down the animal and public health
and Regulation (EC) No 798/2008 were amended by
conditions and model certificates for imports of certain
Commission Implementing Regulation (EU) No
meat products and treated stomachs, bladders and
536/2011 ( 6 ), in order to provide for certain specific
intestines for human consumption from third countries
treatments for imports from that third country of meat
and repealing Decision 2005/432/EC ( 3 ) lays down rules
products, treated stomachs, bladders and intestines for
on imports into the Union and the transit and storage in
human consumption obtained from meat of farmed
the Union of consignments of meat products, and of
ratites and of biltong/jerky and pasteurised meat
consignments of treated stomachs, bladders and intes
products consisting of, or containing meat of farmed
tines, as defined in Regulation (EC) No 853/2004 of
feathered game, ratites and wild game birds.
the European Parliament and of the Council of
29 April 2004 laying down specific hygiene rules for
food of animal origin ( 4 ).
(6) In
addition,
imports
into
the
Union
of
breeding
and
productive ratites and of day-old chicks, hatching eggs
(2) Decision
2007/777/EC
also
lays
down
lists
of
third
and meat of ratites were no longer authorised from the
countries and parts thereof from which such imports
whole territory of South Africa covered by Regulation
into, transit and storage within the Union are to be auth
(EC) No 798/2008, as from the date of confirmation
orised, sets out the model public and animal health
of the outbreak of HPAI, on 9 April 2011.
certificates, and the rules on the origin and treatments
required for those imported products.
(7) After
the
entry
into
force
of
Implementing
Regulation
(3) Commission
Regulation
(EC)
No
798/2008
of
8
August
(EU) No 536/2011, South Africa submitted information
2008 laying down a list of third countries, territories,
to the Commission on the control measures taken and
the development of the epidemiological situation in
relation to the outbreak of HPAI. The disease control
( 1 ) OJ L 18, 23.1.2003, p. 11.
( 2 ) OJ L 343, 22.12.2009, p. 74.
( 3 ) OJ L 312, 30.11.2007, p. 49.
( 5 ) OJ L 226, 23.8.2008, p. 1.
( 4 ) OJ L 139, 30.4.2004, p. 55.
( 6 ) OJ L 147, 2.6.2011, p. 1.

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EN
10.2.2012 Official
Journal
of
the
European
Union L
37/51
and surveillance efforts undertaken by South Africa were
confirmation of the recent outbreak of HPAI, it is appro
considered sufficient to ensure that South Africa was able
priate to amend the entry for South Africa in Part 1 of
to limit the spread of disease and contain it to a defined
Annex I to Regulation (EC) No 798/2008 to prohibit
area.
imports into the Union of meat of ratites and to
indicate the date of the confirmation of the initial
outbreak of HPAI, on 9 April 2011 as 'closing date' in
column 6A in that Part.
(8) As
a
consequence,
Decision
2007/777/EC
and
Regulation
(EC) No 798/2008 were amended by Commission Imple
menting Regulation (EU) No 991/2011 ( 1 ). By that
amendment, imports into the Union of ratite meat and
(14) In addition, as a consequence of the outbreak of HPAI,
of certain meat products from the part of South Africa
territory ZA-2 of South Africa no longer complies with
which was not placed under animal health restrictions
the animal health conditions for applying 'treatment A'
(territory ZA-2) were again authorised. Implementing
to commodities consisting of, or containing meat of
Regulation (EU) No 991/2011 entered into force on
farmed ratites or treated stomachs, bladders and
9 October 2011.
intestines of ratites for human consumption listed in
Part 2 of Annex II to Decision 2007/777/EC and for
applying 'treatment E' to biltong/jerky and pasteurised
meat products consisting of, or containing meat of
(9) Following
the
two
successive
amendments,
the
different
poultry, farmed feathered game, ratites and wild game
Parts of Annex II to Decision 2007/777/EC currently list
birds, listed in Part 3 of that Annex. Those treatments
territory ZA-2 of South Africa as authorised for imports
are insufficient to eliminate animal health risks linked to
into the Union of consignments of certain meat
those commodities. The entry for South Africa as regards
products, treated stomachs, bladders and intestines for
territory ZA-2 in Part 1 Annex II to Decision
human consumption and of biltong/jerky and pasteurised
2007/777/EC and the entries for South Africa in Parts
meat products of poultry, farmed feathered game,
2 and 3 of that Annex should therefore be amended, in
including ratites, and wild game birds which undergo
order to provide for an adequate treatment thereof.
specific treatments set out in that Annex.
(15) Decision 2007/777/EC and Regulation (EC) No
(10) In
addition,
territory
ZA-2
is
currently
listed
in
Part
1
of
798/2008 should therefore be amended accordingly.
Annex I to Regulation (EC) No 798/2008 as authorised
for imports into the Union of meat of ratites, as from the
entry into force of Implementing Regulation (EU) No
991/2011.
(16) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(11) On 13 October 2011, South Africa informed the
Commission of a suspected outbreak of HPAI in the
area that had earlier been considered as free of that
disease. South Africa also informed the Commission
HAS ADOPTED THIS REGULATION:
that, in view of that suspicion, it has prohibited the
dispatch of consignments of ratite meat and certain
ratite meat products bound for the Union.
Article 1
Annex II to Decision 2007/777/EC is amended in accordance
(12) On
14
November
2011,
South
Africa
notified
outbreaks
with Annex I to this Regulation.
of HPAI to the World Organisation for Animal Health
(OIE) that are located outside of the disease-affected area
established by South Africa and as recognised by Imple
menting Regulation (EU) No 991/2011. The whole
territory of that third country may therefore no longer
Article 2
be considered as free from HPAI.
Annex I to Regulation (EC) No 798/2008 is amended in
accordance with Annex II to this Regulation.
(13) Given the unfavourable development of the disease
situation in South Africa and in order to avoid misunder
standings concerning commodities produced before the
Article 3
This Regulation shall enter into force on the third day following
( 1 ) OJ L 261, 6.10.2011, p. 19.
its publication in the Official Journal of the European Union.

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L 37/52
EN
Official Journal of the European Union
10.2.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 February 2012.
For the Commission
The President
José Manuel BARROSO

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10.2.2012 Off
ANNEX I
Annex II to Decision 2007/777/EC is amended as follows:
(1) in Part 1, in the entry for South Africa, the entry 'ZA-2' is deleted;
(2) Part 2 is amended as follows:
EN

(a) the entry 'ZA-0' 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'
(b) the entry 'ZA-2' is deleted;
(3) 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
icial
Jour
South Africa ZA-1
E
E XXX XXX XXX XXX
A
E XXX
A
A XXX XXX'
nal
of
the
European
Union
L
37/53

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L 37/54
ANNEX II
In Part 1 of Annex I to Regulation (EC) No 798/2008, the entry for South Africa is replaced by the following:
SPF
EP, E
S4'
EN

BPR
I
'ZA — South Africa ZA-0 Whole
country
DOR II
P2 9.4.2011
A
HER III
RAT VII
P2 9.4.2011
Off
icial
Jour
nal
of
the
European
Union
10.2.2012

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Document Outline

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