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Document 32007D0746
2007/746/EC: Commission Decision of 19 November 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom (notified under document number C(2007) 5533) (Text with EEA relevance )
2007/746/EC: Commission Decision of 19 November 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom (notified under document number C(2007) 5533) (Text with EEA relevance )
2007/746/EC: Commission Decision of 19 November 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom (notified under document number C(2007) 5533) (Text with EEA relevance )
OJ L 303, 21.11.2007, p. 24–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 31/12/2007
21.11.2007 |
EN |
Official Journal of the European Union |
L 303/24 |
COMMISSION DECISION
of 19 November 2007
amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom
(notified under document number C(2007) 5533)
(Text with EEA relevance)
(2007/746/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
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 with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC, and amending Directive 92/46/EEC (3), and in particular Article 60(2) and Article 62(1) and (3) thereof,
Whereas:
(1) |
Following recent outbreaks of foot-and-mouth disease in Great Britain, Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom (4) was adopted to reinforce the control measures against foot-and-mouth disease taken by that Member State in the framework of Council Directive 2003/85/EC. |
(2) |
Decision 2007/554/EC lays down rules applicable to the dispatch from the high risk areas, listed in Annex I, and the low risk areas listed in Annex II, to that Decision (restricted areas), in Great Britain of products considered safe that either were produced before the restrictions were put in place in the United Kingdom, from raw material sourced from outside those restricted areas, or that have undergone a treatment proven effective in inactivating possible foot-and-mouth disease virus. |
(3) |
In Decision 2007/554/EC, as amended by Decision 2007/664/EC, the Commission laid down rules for the dispatch of certain categories of meat from certain areas listed in Annex III to Decision 2007/554/EC, as thus amended, that have not recorded any outbreak of foot-and-mouth disease for a period of at least 90 days prior to slaughter and which comply with certain specified conditions. |
(4) |
On the basis of the evolution of the animal health situation in the United Kingdom, Decision 2007/554/EC was amended by Decision 2007/709/EC, and Annex III to Decision 2007/554/EC was replaced, in order to enlarge the area from which exports of fresh meat are allowed, and the date of application of that Decision was prolonged until 15 December 2007. |
(5) |
The United Kingdom has now defined a foot-and-mouth disease risk area of about 150 km around the first outbreak that is subject to intensified surveillance to verify the absence of infection with the foot-and-mouth disease virus in that Member State. It does not include areas currently listed in Annex III to Decision 2007/554/EC. That 150 km area should be listed as a high risk area in Annex I to that Decision following the implementation of regionalisation by defining the areas listed in Annex II as different form ‘Great Britain’. |
(6) |
The amendments to the lists of restricted areas in Annexes I and II to Decision 2007/554/EC are required in order to permit the dispatch from those areas listed in Annex II of products of animal origin, such as meat, meat products, milk, dairy products and other animal products, while maintaining a high level of protection with regard to the prohibition on dispatch of live animals and their semen, ova and embryos from the whole of Great Britain, including the areas listed in both Annex I and Annex II. |
(7) |
In the interest of clarity and consistency, it is also appropriate to correct minor omissions in relation to embryos in Article 6 and to make the wording of Article 7 more precise in relation to medicinal products. |
(8) |
After the completion with satisfactory results of the clinical and serological surveillance carried out in the surveillance zone to confirm the absence of infection with the foot-and-mouth disease virus, the United Kingdom has removed the measures implemented in the surveillance zone around the confirmed outbreaks on 5 November 2007 in accordance with Article 44 of Directive 2003/85/EC. |
(9) |
Article 60 of Directive 2003/85/EC provides that a Member State may only recover its previous foot-and-mouth disease and infection-free status when certain measures laid down in that Directive have been completed, and at least three months have elapsed since the last recorded outbreak of that disease, and the absence of infection has been confirmed in accordance with the provisions of that Directive. |
(10) |
At the same time Article 62 of the Directive allows a modification of the measures necessary to recover the free status maintaining only restrictions on the movement of live animals. It is therefore appropriate that those provisions of Decision 2007/554/EC that relate to the movement of live animals, their semen, ova and embryos remain applicable until the relevant conditions of Article 60 of Directive 2003/85/EC have been fulfilled. |
(11) |
The period of applicability of Decision 2007/554/EC should therefore be prolonged until 31 December 2007, three months after the completion of the preliminary cleansing and disinfection following the last recorded outbreak on 30 September 2007. At the same time provisions should be in place that limit the application of certain restrictions on products of animal origin to the date of 15 December 2007 as previously envisaged. |
(12) |
Decision 2007/554/EC should therefore be amended accordingly. |
(13) |
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 2007/554/EEC is amended as follows:
1. |
The following paragraphs (8), (9) and (10) are added to Article 1: ‘8. By way of derogation from paragraph 2 the competent authorities of the United Kingdom may authorise the transport of live animals of the bovine, ovine, caprine and porcine species and other biungulates from holdings situated in areas listed in Annex II to holdings or slaughterhouses situated in the areas listed in Annex I. 9. By way of derogation from paragraph 2 the competent authorities of the United Kingdom may authorise the transport of live animals of the bovine, ovine, caprine and porcine species and other biungulates from holdings situated in areas listed in Annex I directly or through no more than a single assembly centre, under official control to designated slaughterhouses situated in the areas listed in Annex II. 10. By way of derogation from paragraph 2 the competent authorities of the United Kingdom may authorise the transport of live animals of the bovine, ovine, caprine and porcine species and other biungulates from holdings situated in areas listed in Annex I directly and under official control to designated holdings situated in the areas listed in Annex II without coming into contact with animals of a lower health status, provided that:
|
2. |
Article 2 is replaced by the following: ‘Article 2 Meats 1. For the purposes of this Article, “meats” means “fresh meat”, “minced meat”, “mechanically separated meat” and “meat preparations” as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex I to Regulation (EC) No 853/2004. 2. The United Kingdom shall not dispatch meats of the bovine, ovine, caprine and porcine species and other biungulates coming from or obtained from animals originating in the areas listed in Annex I. 3. Meats not eligible for dispatch from the United Kingdom in accordance with this Decision shall be marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC or in accordance with Decision 2001/304/EC. 4. The prohibition set out in paragraph 2 shall not apply to meats bearing the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004, provided that:
5. Compliance with the conditions set out in paragraphs 3 and 4 shall be checked by the competent veterinary authority under the supervision of the central veterinary authorities. 6. The prohibition set out in paragraph 2 of this Article shall not apply to fresh meat obtained from bovine, ovine, caprine and porcine species and other biungulates reared outside the areas listed in Annex I and transported, by way of derogation from Article 1(2) and (3), directly and under official control without any contact with holdings situated in areas listed in Annex I to a slaughterhouse situated in the areas listed in Annex I for immediate slaughter, provided that such fresh meat complies with the following conditions:
Compliance with the conditions set out in the first subparagraph shall be checked by the competent veterinary authority under the supervision of the central veterinary authorities. The central veterinary authorities shall communicate to the Commission and to the other Member States a list of the establishments which they have approved for the purposes of application of this paragraph. 7. The prohibition set out in paragraph 2 shall not apply to fresh meat obtained from cutting plants situated in the areas listed in Annex I under the following conditions:
Compliance with the conditions set out in the first subparagraph shall be checked by the competent veterinary authority under the supervision of the central veterinary authorities. The central veterinary authorities shall communicate to the other Member States and the Commission a list of the establishments which they have approved for the purpose of application of this paragraph. 8. Meat dispatched from the United Kingdom to other Member States shall be accompanied by an official certificate, which shall bear the following words: “Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.’ |
3. |
In Article 3, paragraph 2 is replaced by the following: ‘2. The prohibition set out in paragraph 1 shall not apply to meat products bearing the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004, provided that the meat products:
Compliance with the conditions set out in the first subparagraph shall be checked by the competent veterinary authority under the supervision of the central veterinary authorities. The central veterinary authorities shall communicate to the other Member States and the Commission a list of the establishments which they have approved for the purpose of application of this paragraph.’ |
4. |
In Article 6, paragraph 2 is replaced by the following: ‘2. The prohibitions set out in paragraph 1 shall not apply to:
Before the dispatch of the semen or embryos referred to in points (a), (b) and (c) the central veterinary authorities shall communicate to the other Member States and the Commission a list of centres and teams approved for the purpose of application of this paragraph.’ |
5. |
In Article 7, paragraph 2 is replaced by the following: ‘2. The prohibition set out in paragraph 1 shall not apply to hides and skins which:
Treated hides and skins shall be separated from untreated hides and skins.’ |
6. |
In Article 8(2), point (a) is replaced by the following:
|
7. |
In Article 8, paragraph 7 is replaced by the following: ‘7. By way of derogation from paragraph 3, it shall be sufficient, in the case of products referred to in paragraph 2(i) and (j), to be accompanied by a commercial document stating that the products are for use as invitro diagnostic, laboratory reagents, medical products or medical devices, provided that the products are clearly labelled “for invitro diagnostic use only” or “for laboratory use only”, as “medicinal products” or as “medical devices”.’ |
8. |
The first sentence in Article 9(2) is replaced by the following: ‘2. In case of products for retail sale to the final consumer, the competent authorities of the United Kingdom may authorise consolidated consignments of animal products, each of which is eligible for dispatch in accordance with this Decision, to be accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate confirming that:’ |
9. |
Article 17 is replaced by the following: ‘This Decision shall apply until 31 December 2007. However, the prohibitions of dispatch laid down in Articles 2, 3, 4, 5, 7 and 8 as well as the provisions laid down in Articles 9 and 11 related to those prohibitions and the provisions in Article 14 shall apply until 15 December 2007.’ |
10. |
Annexes I, II and III are replaced by the text in the Annex. |
Article 2
Implementation
Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
Article 3
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 19 November 2007.
For the Commission
Markos KYPRIANOU
Member of the Commission
(1) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33; corrected version OJ L 195, 2.6.2004, p. 12).
(2) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).
(3) OJ L 306, 22.11.2003, p. 1. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).
(4) OJ L 210, 10.8.2007, p. 36. Decision as last amended by Decision 2007/709/EC (OJ L 287, 1.11.2007, p. 29).
ANNEX
‘ANNEX I
The following areas in the United Kingdom:
1 |
2 |
3 |
GROUP |
ADNS |
Administrative Unit |
England |
41 |
Bracknell Forest |
42 |
Brighton and Hove |
|
49 |
City of Southampton |
|
56 |
Luton |
|
57 |
Medway |
|
59 |
Milton Keynes |
|
63 |
Reading |
|
66 |
Slough |
|
67 |
Southend-on-Sea |
|
70 |
Swindon |
|
72 |
Thurrock |
|
75 |
West Berkshire |
|
76 |
Windsor and Maidenhead |
|
77 |
Wokingham |
|
135 |
City of Portsmouth |
|
137 |
Bedfordshire County |
|
138 |
Buckinghamshire County |
|
139 |
Cambridgeshire County |
|
145 |
East Sussex County |
|
146 |
Essex County |
|
147 |
Gloucestershire County |
|
148 |
Hampshire County |
|
149 |
Hertfordshire County |
|
150 |
Kent |
|
155 |
Northamptonshire County |
|
158 |
Oxfordshire County |
|
163 |
Surrey |
|
164 |
Warwickshire County |
|
165 |
West Sussex County |
|
166 |
Wiltshire County |
|
168 |
London |
‘ANNEX II
The following areas in the United Kingdom:
1 |
2 |
3 |
GROUP |
ADNS |
Administrative Unit |
Scottish Islands |
131 |
Shetland Islands |
123 |
Orkney Islands |
|
124 |
NA H-Eileanan An Iar |
|
Scotland |
121 |
Highland |
122 |
Moray |
|
126 |
Aberdeenshire |
|
128 |
Aberdeen City |
|
79 |
Angus |
|
81 |
Dundee City |
|
80 |
Clackmannanshire |
|
90 |
Perth & Kinross |
|
127 |
Fife |
|
85 |
Falkirk |
|
88 |
Midlothian |
|
96 |
West Lothian |
|
129 |
City of Edinburgh |
|
130 |
East Lothian |
|
92 |
Scottish Borders |
|
94 |
Stirling |
|
125 |
Argyll and Bute |
|
83 |
East Dunbartonshire |
|
84 |
East Renfrewshire |
|
86 |
City of Glasgow |
|
87 |
Inverclyde |
|
89 |
North Lanarkshire |
|
91 |
Renfrewshire |
|
93 |
South Lanarkshire |
|
95 |
West Dunbartonshire |
|
82 |
East Ayrshire |
|
132 |
North Ayrshire |
|
133 |
South Ayrshire |
|
134 |
Dumfries & Galloway |
|
England |
141 |
Cumbria |
169 |
Northumberland |
|
10 |
Gateshead |
|
16 |
Newcastle upon Tyne |
|
17 |
North Tyneside |
|
26 |
South Tyneside |
|
29 |
Sunderland |
|
144 |
Durham |
|
52 |
Darlington |
|
55 |
Hartlepool |
|
58 |
Middlesbrough |
|
64 |
Redcar and Cleveland |
|
69 |
Stockton-on-Tees |
|
151 |
Lancashire |
|
38 |
Blackburn with Darwen |
|
39 |
Blackpool |
|
176 |
North Yorkshire excluding Selby |
|
177 |
Selby District |
|
78 |
York |
|
53 |
East Riding of Yorkshire |
|
45 |
City of Kingston upon Hull |
|
60 |
North East Lincolnshire |
|
61 |
North Lincolnshire |
|
|
West Yorkshire consisting of |
|
32 |
Wakefield District |
|
11 |
Kirklees District |
|
6 |
Calderdale District |
|
4 |
Bradford |
|
13 |
Leeds |
|
|
South Yorkshire consisting of |
|
1 |
Barnsley District |
|
8 |
Doncaster District |
|
20 |
Rotherham District |
|
24 |
Sheffield District |
|
|
Greater Manchester consisting of |
|
30 |
Tameside District |
|
18 |
Oldham District |
|
19 |
Rochdale District |
|
5 |
Bury District |
|
3 |
Bolton District |
|
21 |
Salford District |
|
31 |
Trafford District |
|
15 |
Manchester District |
|
27 |
Stockport District |
|
34 |
Wigan District |
|
|
Merseyside consisting of |
|
12 |
Knowsley District |
|
14 |
Liverpool District |
|
23 |
Sefton District |
|
28 |
St. Helens District |
|
74 |
Warrington |
|
140 |
Cheshire County |
|
54 |
Halton |
|
35 |
Wirral District |
|
142 |
Derbyshire County |
|
44 |
City of Derby |
|
157 |
Nottinghamshire County |
|
47 |
City of Nottingham |
|
153 |
Lincolnshire |
|
159 |
Shropshire |
|
71 |
Telford and Wrekin |
|
161 |
Staffordshire County |
|
50 |
City of Stoke-on-Trent |
|
170 |
Devon County |
|
73 |
Torbay |
|
136 |
Plymouth |
|
171 |
Cornwall County |
|
143 |
Dorset County |
|
62 |
Poole |
|
40 |
Bournemouth |
|
160 |
Somerset County |
|
120 |
North Somerset |
|
37 |
Bath and North East Somerset |
|
43 |
City of Bristol |
|
68 |
South Gloucestershire |
|
51 |
Herefordshire County |
|
167 |
Worcestershire County |
|
9 |
Dudley District |
|
2 |
Birmingham District |
|
22 |
Sandwell District |
|
36 |
Wolverhampton District |
|
33 |
Walsall District |
|
25 |
Solihull District |
|
7 |
Coventry District |
|
152 |
Leicestershire County |
|
46 |
City of Leicester |
|
65 |
Rutland |
|
48 |
City of Peterborough |
|
154 |
Norfolk County |
|
162 |
Suffolk County |
|
172 |
Isles of Scilly |
|
114 |
Isle of Wight |
|
Wales |
115 |
Sir Ynys Mon — Isle of Anglesey |
116 |
Gwynedd |
|
103 |
Conwy |
|
108 |
Sir Ddinbych-Denbigshir |
|
111 |
Sir Y Fflint-Flintshire |
|
113 |
Wrecsam-Wrexham |
|
173 |
North Powys |
|
174 |
South Powys |
|
118 |
Sir Ceredigion-Ceredigion |
|
110 |
Sir Gaerfyrddin-Carmarthen |
|
119 |
Sir Benfro-Pembrokeshire |
|
97 |
Abertawe-Swansea |
|
102 |
Castell-Nedd Port Talbot-Neath Port Talbot |
|
105 |
Pen-y-Bont Ar Ogwr — Bridgend |
|
107 |
Rhondda/Cynon/Taf |
|
99 |
Bro Morgannwg — The Valee of Glamorgan |
|
98 |
Bleanau Gwent |
|
112 |
Tor-Faen — Tor Faen |
|
101 |
Casnewydd — Newport |
|
104 |
Merthyr Tudful-Merthyr Tydfil |
|
100 |
Caerffili — Caerphilly |
|
117 |
Caerdydd — Cardiff |
|
109 |
Sir Fynwy — Monmouthshire |
‘ANNEX III
The following areas listed in Annex I shall have the status of areas listed in Annex III:
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
||||||||||||||||||
GROUP |
ADNS |
Administrative Unit |
B |
S/G |
P |
FG |
WG |
||||||||||||||||||
England |
42 |
Brighton and Hove |
+ |
+ |
+ |
+ |
|
||||||||||||||||||
56 |
Luton |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
57 |
Medway |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
59 |
Milton Keynes |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
67 |
Southend-on Sea |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
72 |
Thurrock |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
75 |
West Berkshire |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
137 |
Bedfordshire |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
145 |
East Sussex County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
146 |
Essex County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
149 |
Hertfordshire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
150 |
Kent |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
158 |
Oxfordshire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
166 |
Wiltshire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
147 |
Gloucestershire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
139 |
Cambridgeshire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
155 |
Northamptonshire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
164 |
Warwickshire County |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
70 |
Swindon |
+ |
+ |
+ |
+ |
|
|||||||||||||||||||
|