ISSN 1725-2555 |
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Official Journal of the European Union |
L 337 |
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English edition |
Legislation |
Volume 51 |
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II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
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DECISIONS |
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Council |
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2008/945/EC, Euratom |
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Council Decision of 8 December 2008 amending the Council’s Rules of Procedure |
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Commission |
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2008/946/EC |
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Commission Decision of 12 December 2008 implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals (notified under document number C(2008) 7905) ( 1 ) |
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III Acts adopted under the EU Treaty |
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ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY |
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(1) Text with EEA relevance |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory
REGULATIONS
16.12.2008 |
EN |
Official Journal of the European Union |
L 337/1 |
COMMISSION REGULATION (EC) No 1248/2008
of 15 December 2008
establishing the standard import values for determining the entry price of certain fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,
Whereas:
Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,
HAS ADOPTED THIS REGULATION:
Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.
Article 2
This Regulation shall enter into force on 16 December 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 December 2008.
For the Commission
Jean-Luc DEMARTY
Director-General for Agriculture and Rural Development
ANNEX
Standard import values for determining the entry price of certain fruit and vegetables
(EUR/100 kg) |
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CN code |
Third country code (1) |
Standard import value |
0702 00 00 |
MA |
82,0 |
TR |
101,7 |
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ZZ |
91,9 |
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0707 00 05 |
JO |
167,2 |
MA |
56,0 |
|
TR |
103,0 |
|
ZZ |
108,7 |
|
0709 90 70 |
MA |
106,6 |
TR |
137,6 |
|
ZZ |
122,1 |
|
0805 10 20 |
AR |
18,1 |
BR |
44,6 |
|
CL |
52,1 |
|
MA |
76,3 |
|
TR |
81,3 |
|
ZA |
43,4 |
|
ZZ |
52,6 |
|
0805 20 10 |
MA |
71,9 |
TR |
72,0 |
|
ZZ |
72,0 |
|
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 |
CN |
49,8 |
HR |
54,2 |
|
IL |
75,7 |
|
TR |
55,0 |
|
ZZ |
58,7 |
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0805 50 10 |
MA |
64,0 |
TR |
55,3 |
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ZZ |
59,7 |
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0808 10 80 |
CA |
82,7 |
CN |
81,3 |
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MK |
34,6 |
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US |
109,3 |
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ZZ |
77,0 |
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0808 20 50 |
CN |
41,0 |
TR |
104,0 |
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US |
108,6 |
|
ZZ |
84,5 |
(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.
16.12.2008 |
EN |
Official Journal of the European Union |
L 337/3 |
COMMISSION REGULATION (EC) No 1249/2008
of 10 December 2008
laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43, point (m) in conjunction with Article 4 thereof,
Whereas:
(1) |
In accordance with Article 204(2)(h) of Regulation (EC) No 1234/2007, that Regulation is to apply as regards the Community scales for the carcase classification as from 1 January 2009. Detailed rules for the implementation of those Community scales and the reporting of prices based thereof by the Member States should therefore be adopted and apply from 1 January 2009. |
(2) |
Rules on the implementation of the Community scales for the classification of carcases are laid down so far in several acts, and in particular in Commission Regulations (EEC) No 563/82 of 10 March 1982 laying down detailed rules for the application of Regulation (EEC) No 1208/81 for establishing the market prices of adult bovine animals on the basis of the Community scale for the classification of carcases (2), (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3), (EEC) No 344/91 of 13 February 1991 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 to extend the scope of the Community scale for the classification of carcases of adult bovine animals (4), (EC) No 295/96 of 16 February 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1892/87 as regards the recording of market prices of adult bovine animals, on the basis of the Community scale for the classification of carcases (5), (EC) No 103/2006 of 20 January 2006 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals (6), (EC) No 908/2006 of 20 June 2006 establishing the list of representative markets for pigmeat in the Community (7), (EC) No 1128/2006 of 24 July 2006 on the marketing stage to which the average price for pig carcases refers (8), (EC) No 1319/2006 of 5 September 2006 on the exchange between the Member States and the Commission of certain information concerning pigmeat (9), (EC) No 710/2008 of 24 July 2008 fixing the weighting coefficients to be used in calculating the Community market price for pig carcases for the 2008/09 marketing year (10), (EC) No 22/2008 of 11 January 2008 laying down detailed rules for the Community scale for the classification of carcases of ovine animals (11), and in Commission Decision 83/471/EEC of 7 September 1983 relating to the Community Inspection Committee on the application of the classification scale for carcases of adult bovine animals (12). In the interests of clarity and rationality those Regulations and Decision should be replaced by a single act. |
(3) |
Article 42(1) of Regulation (EC) No 1234/2007 provides that Community scales for the classification of carcases of adult bovines and of pigs should apply in accordance with certain rules laid down in Annex V to that Regulation, while Member States may also apply a Community scale for the classification of carcases of sheep. |
(4) |
Article 42(1), point (a) of Regulation (EC) No 1234/2007 provides that the Community scale for the classification of carcases in the beef and veal sector should apply to carcases of adult bovine animals. Point IV(2) of Annex III to that Regulation defines an adult bovine animal in relation to the live weight of the animal. Notwithstanding that definition and in order to ensure a uniform application, it is appropriate to allow Member States to make the application of the Community scale compulsory for carcases of bovines as of a specific age determined on the basis of the identification and registration system provided for by Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (13). That identification and registration system should also be used for the division of carcases into category A and B as referred to in point A(II) of Annex V to Regulation (EC) No 1234/2007. |
(5) |
In order to ensure the uniform classification of the carcases of adult bovines and of sheep in the Community, it is necessary to make more precise the definitions of the classes of conformation and fat cover referred to in points A(III) and C(III) of Annex V to Regulation (EC) No 1234/2007. |
(6) |
Point A(III) of Annex V to Regulation (EC) No 1234/2007 provides for a conformation class S for carcases obtained from bovines of the double-muscled type. Given that this particular conformation class reflects the particular characteristics of the bovine livestock in some Member States, it is appropriate to provide that Member States have the option to make use of the conformation class S. |
(7) |
In accordance with the second indent of Article 43, point (m)(iii) of Regulation (EC) No 1234/2007, derogations from the general obligation to classify carcases of adult bovines may be granted to Member States which so request for certain small-scale establishments. On the basis of experience gained with the application of the Community classification scale, Member States consider it appropriate in having such derogation for slaughterhouses which slaughter not more than 75 adult bovine animals per week as an annual average. The Commission considers that derogation justified, taking into account the limited volume of the production in those slaughterhouses. For the same reasons, such derogation was also provided for in the first indent of Article 2(2) of Regulation (EEC) No 344/91. Therefore, in order to simplify application of the second indent of Article 43, point (m)(iii) of Regulation (EC) No 1234/2007, it is appropriate to authorise Member States themselves to grant such derogation. |
(8) |
Article 43, point (m)(iv) of Regulation (EC) No 1234/2007 provides that Member States should be authorised not to apply the grading scale for the classification of pig carcases. That provision should in particular apply to small-scale slaughterhouses, which on average slaughter not more than 200 pigs per week. |
(9) |
In order to ensure the accurate application of the Community classification scales, the conditions and practical methods for the classification, weighing and identification of carcases of adult bovines, pigs and sheep should be specified, with a view to improving market transparency. |
(10) |
However, provision should be made for certain derogations thereof, in particular concerning the time limit for classifying and weighing carcases in case of a technical breakdown of the automated grading techniques, the location of stamps or labels indicating the classification on the carcases and slaughterhouses who debone all carcases themselves. As regards pig carcases, the weight should relate to the weight of the cold carcase calculated by applying to the result of the weighing a conversion coefficient to be determined. That coefficient should vary depending on the time between the weighing and the sticking of the pig. An adjustment of the coefficient should therefore be allowed. |
(11) |
The natural or legal persons who have the slaughtering of bovines carried out should be informed of the result of the classification of the animals delivered for slaughter. That communication should also include certain additional information in order to ensure full transparency towards the suppliers. |
(12) |
In order to ensure the accuracy and reliability of the classification of carcases of adult bovines and of sheep, that classification should be carried out by staff having the necessary qualifications certified by a licence or approval. |
(13) |
With a view to authorising alternative methods to direct visual assessment of the conformation and fat cover of carcases of adult bovines, automated grading techniques may be introduced when they are based on statistically proven methods. Authorisation of automatic grading techniques should be subject to compliance with certain conditions and requirements as well as with a maximum tolerance for statistical error in classification that should be specified. |
(14) |
Provision should be made for the possibility to modify, after a licence was granted, the technical specifications of the automated grading techniques for the classification of carcases of adult bovines with a view to improving their accuracy. However, such modifications should require the prior approval of the competent authorities that should ascertain that these modifications result in at least the same level of accuracy. |
(15) |
The value of a pig carcase is determined in particular by its lean-meat content in relation to its weight. In order to ensure that the lean-meat content is assessed on an objective basis, the assessment should be made by measuring certain anatomical parts of the carcase by means of authorised and statistically proven methods. While various methods can be applied for the assessment of the lean-meat content of a pig carcase, it is necessary to ensure that the choice of the method does not affect the estimated lean-meat content. For the determination of the commercial value of the pig carcase, the use of assessment criteria other than weight and the estimated lean-meat content should also be authorised. |
(16) |
Point C(III) of Annex V to Regulation (EC) No 1234/2007 provides that carcases of sheep should be classified into various classes on the basis of the conformation and the degree of fat cover. However, other criteria, in particular weight, meat colour and fat cover, may be used for the carcases of lambs less than 13 kg weight. |
(17) |
The reliability of the classification of carcases of adult bovines, pigs and sheep should be verified by regular on-the-spot checks carried out by bodies that are independent from the establishments they inspect. The conditions and minimum requirements for these checks should be laid down, including the reporting on the checks carried out as well as possible follow-up actions. In case the classification of carcases of adult bovines is carried out by using automated grading techniques, certain additional provisions on spot checks should be laid down, which should also include that the frequency of those checks is increased in the initial period after the licence was granted. |
(18) |
In order to obtain comparable beef, pig and sheep carcase prices in the Community, it is necessary to provide that the price recording should refer to a well-defined marketing stage. Moreover, the EU reference presentation of carcases of adult bovines and of sheep should be determined. Certain corrective factors should also be determined to adjust the presentations used in some Member States to the EU reference presentation. |
(19) |
In order to ensure that the carcase prices recorded are representative of the Member States’ production in the beef, pigmeat and sheep sector, it is necessary to define the categories and classes as well as certain criteria defining which establishments or persons for which the price reporting should be compulsory. |
(20) |
For the purpose of the reporting of beef carcase prices, Member States should be allowed to decide whether their territory is divided, and if so, into how many regions. It is appropriate to provide that the price reporting for the United Kingdom should relate to two regions, namely Great Britain and Northern Ireland. |
(21) |
In case Member States have established regional committees to determine carcase prices of adult bovines, provision should be made that their membership ensures a balanced and objective approach and that the prices determined by these committees are taken into account in the national price calculation. |
(22) |
In case any supplementary payments are made to suppliers of adult bovines, establishments or persons that are obliged to report prices should be obliged to make certain corrections of the prices in order to avoid any distortion in the calculation of the average national prices. |
(23) |
The practical method to be used by Member States to calculate average weekly prices should be laid down. These prices should be reported to the Commission on a weekly basis, which should serve as the basis for the determination of weighted average prices at Community level. |
(24) |
With a view to monitoring the reporting of carcase prices of adult bovines, pigs and sheep, Member States should be obliged to communicate periodically certain information to the Commission. |
(25) |
In order to ensure a uniform application of the Community scales for the classification of beef and sheep carcases throughout the Community, Article 42(2) of Regulation (EC) No 1234/2007 provides for on-the-spot inspections to be carried out by a Community inspection committee composed of experts from the Commission and experts appointed by the Member States. Implementing rules should be laid down regarding the composition and functioning of that committee. |
(26) |
It is necessary to provide that Member States should take certain measures in order to ensure the correct application of the Community classification scales, to ensure the accuracy of the reported prices and to penalise any infringements. Moreover, Member States should be obliged to inform the Commission of these measures. |
(27) |
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE
Article 1
Scope
This Regulation lays down detailed rules for the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of market prices thereof, as provided for in Article 43, point (m) of Regulation (EC) No 1234/2007.
CHAPTER II
BEEF SECTOR
Article 2
Scope and general provisions
1. The Community scale for the classification of carcases in the beef and veal sector shall apply to carcases of adult bovines.
2. Notwithstanding Part IV(2) of Annex III to Regulation (EC) No 1234/2007, Member States may decide that the Community scale referred to in paragraph 1 shall apply to carcases of bovine animals aged on slaughter 12 months or more.
3. For the application of point A(II) of Annex V to Regulation (EC) No 1234/2007, carcases of uncastrated young male animals of less than two years of age (category A) and carcases of other uncastrated male animals (category B) shall be distinguished by the animal’s age.
4. The age of the bovine animal as referred to in paragraphs 2 and 3 shall be verified on the basis of the information available in the bovine animal identification and registration system established in each Member State in accordance with Title I of Regulation (EC) No 1760/2000.
Article 3
Additional provisions regarding the classes of conformation and fat cover
Additional detailed provisions to the definitions of the classes of conformation and fat cover referred to in point A(III) of Annex V to Regulation (EC) No 1234/2007 are laid down in Annex I to this Regulation.
Article 4
Conformation class S
The conformation class S referred to in point A(III) of Annex V to Regulation (EC) No 1234/2007 may be used by Member States to take account of the particular characteristics of their bovine livestock.
Article 5
Derogation from the compulsory classification of carcases
Member States may decide that the requirements on classification of carcases of adult bovine animals laid down in point A(V) of Annex V to Regulation (EC) No 1234/2007 shall not be compulsory for approved establishments which slaughter not more than 75 adult bovine animals per week as an annual average.
Article 6
Classification and identification
1. The classification and identification referred to in point A(V) of Annex V to Regulation (EC) No 1234/2007 shall be carried out in the slaughterhouse itself.
2. Classification, identification and weighing of a carcase shall take place not later than one hour after the animal has been stuck.
However, in cases where the automated grading techniques referred to in Article 9 fail to classify carcases, classification and identification of these carcases shall take place on the day of slaughter.
3. The identification of the carcases shall be carried out by means of a mark indicating the category and the class of conformation and fat cover referred to in point A(II) and (III) of Annex V to Regulation (EC) No 1234/2007 respectively.
This marking shall be carried out by stamping on the outside surface of the carcase using an indelible and non-toxic ink following a method approved by the competent authorities; the letters and figures must be not less than two centimetres in height.
The marks shall be applied on the hindquarters on the striploin at the level of the fourth lumbar vertebra and on the forequarters, on the brisket between 10 and 30 centimetres form the cut edge of the sternum. However, Member States may determine other positions on each quarter provided they inform the Commission beforehand.
4. Without prejudice to Article 4(3)(c) of Commission Regulation (EC) No 1669/2006 (14) and point I(a) of Annex I to Commission Regulation (EC) No 826/2008 (15), Member States may authorise replacement of the marking by the use of labels under the following conditions:
(a) |
the labels may be kept and attached only in the approved establishments which slaughter the animals; they must be of a size not less than 50 cm2; |
(b) |
in addition to the requirements laid down in paragraph 3, the labels must indicate the approval number of the slaughterhouse, the identification or slaughter number of the animal, the date of slaughter, the weight of the carcase and, where applicable, that the classification has been carried out by using automated grading techniques; |
(c) |
the indications referred to in point (b) must be perfectly legible and no alterations shall be permitted except if they are clearly marked on the label and carried out under the supervision of and the practical conditions determined by the competent authorities; |
(d) |
the labels must be tamper-proof, tear-resistant and firmly attached to each quarter in the places defined in the third subparagraph of paragraph 3. |
Where classification is carried out by using automated grading techniques referred to in Article 11, the use of labels shall be compulsory.
5. The marks and labels referred to in paragraphs 3 and 4 must not be removed before the quarters are boned.
6. The category shall be indicated in accordance with point A(II) of Annex V to Regulation (EC) No 1234/2007 and the provisions in Article 2(3) and (4) of this Regulation.
The indication of subclasses or, where applicable, the breakdown of categories by age shall be by means of symbols other than those used for classification.
7. The obligations relating to the identification of the carcases set out in paragraphs 3 to 6 shall not apply to approved slaughterhouses which themselves bone all of the carcases obtained.
Article 7
Communication of the classification results
1. The results of the classification carried out in accordance with point A(V) of Annex V to Regulation (EC) No 1234/2007 shall be communicated in writing or by electronic means to the natural and legal person who has the slaughtering carried out.
2. For the purpose of communicating the classification results, the invoice, or a document attached thereto, addressed to the supplier of the animal, or failing that, to the physical or legal person responsible for the slaughter operations shall indicate per carcase:
(a) |
the category as well as the class of conformation and fat cover, by means of the corresponding letters and figures referred to in points A(II) and (III) of Annex V to Regulation (EC) No 1234/2007; |
(b) |
the carcase weight established in accordance with Article 13(2) of this Regulation, specifying whether it relates to the warm or cold weight; |
(c) |
the carcase presentation applied at the moment of weighing and classifying on the hook; |
(d) |
where applicable, that classification has been carried out using automated grading techniques. |
3. Member States may require that the communication referred to in paragraph 2, point (a) includes subclasses for conformation and fat cover, where such information is available.
The indication of the carcase presentation referred to under paragraph 2, point (c) shall not be compulsory if only one single carcase presentation is allowed under legislation adopted at Member State level.
Article 8
Classification by qualified classifiers
Member States shall ensure that classification is carried out by qualified classifiers who have obtained a licence for this purpose. The licence may be replaced by an approval granted by the Member State where such approval corresponds to recognition of a qualification.
Article 9
Authorisation of automated grading techniques
1. Member States may grant a licence authorising automated grading techniques for application in their territory or a part thereof.
Authorisation shall be subject to meeting the conditions and minimum requirements for a certification test laid down in Annex II, part A.
At least two months prior to the start of the certification test, Member States shall provide the Commission with the information referred to in Annex II, part B. Member States shall designate an independent body which shall analyse the results of the certification test. Within two months upon completion of the certification test, Member States shall provide the Commission with the information referred to in Annex II, part C.
2. Where a licence is granted authorising automated grading techniques based on a certification test during which more than one carcase presentation was used, the differences between those carcase presentations shall not lead to differences in the classification results.
3. After having informed the Commission, Member States may grant a licence authorising automated grading techniques for application in their territory or a part thereof without organising the certification test, provided such a licence has already been granted for the same automated grading techniques for application in another part of that Member State concerned or in another Member State on the basis of a certification test with a sample of carcases that they consider to be equally representative, in terms of category, classes of conformation and of fat cover, of the adult bovine animals slaughtered in the Member State concerned or a part thereof.
4. Modifications of the technical specifications of the automated grading techniques for which a licence was granted shall only be allowed after having obtained the approval of the competent authorities of the Member State concerned and subject to proof that such modifications result in at least the same level of accuracy than that obtained during the certification test.
Member States shall inform the Commission of any such modifications for which they have given their approval.
Article 10
Classification by automated grading techniques
1. Establishments operating classification by using automated grading techniques shall:
(a) |
identify the category of the carcase; for this purpose use shall be made of the system for the identification and registration of bovine animals as referred to in Title I of Regulation (EC) No 1760/2000; |
(b) |
keep daily control reports on the functioning of the automated grading techniques, including in particular any shortcomings encountered and actions taken where necessary. |
2. Classification by automated grading techniques shall be valid only if:
(a) |
the carcase presentation is identical to the presentation used during the certification test; or |
(b) |
it is demonstrated, to the satisfaction of the competent authorities of the Member State concerned, that using a different carcase presentation has no effect on the classification result by the automated grading techniques. |
Article 11
On-the-spot checks
1. The performance of the classifiers referred to in Article 8 as well as the classification and identification of the carcases in the establishments covered by point A(V) of Annex V to Regulation (EC) No 1234/2007 shall be checked on the spot without prior warning by a body independent of the classification agencies and of the establishments.
However, the requirement to be independent of the classification agencies shall not apply where the competent authority itself carries out such controls.
2. Checks must be carried out at least twice every three months in all approved establishments which slaughter more than 75 adult bovine animals per week as an annual average. Each check must relate to at least 40 carcases, selected at random.
However, in approved establishments which slaughter 75 adult bovine animals or less per week as an annual average, Member States shall determine the frequency of the checks and the minimum number of carcases to be checked on the basis of their risk assessment, particularly taking into account the number of slaughterings of adult bovines in the slaughterhouses concerned and the findings during previous checks in these slaughterhouses.
Member States shall notify to the Commission the measures they have taken for the application of the provisions in the second subparagraph by 1 July 2009 at the latest and thereafter within one month after any changes in the information to be notified.
3. In all approved establishments operating classification by using automated grading techniques, at least six checks must be carried out every three months during the first 12 months after the licence referred to in Article 9(1) was granted. Thereafter checks must be carried out at least twice every three months in all approved establishments operating classification by using automated grading techniques. Each check must relate to at least 40 carcases, selected at random. The checks shall in particular verify:
(a) |
the category of the carcase; |
(b) |
the accuracy of the automated grading techniques by using the system of points and limits referred to in Annex II, part A3; |
(c) |
the carcase presentation; |
(d) |
the daily calibration as well as any other technical aspects of the automated grading techniques, that are relevant for ensuring that the level of accuracy obtained by using automated grading techniques is at least as good as the one achieved during the certification test; |
(e) |
the daily control reports referred to in Article 10(1)(b). |
4. Where the body responsible for checks does not fall under the authority of a public body, the checks provided for in paragraphs 2 and 3 must be carried out under the physical supervision of a public body under the same conditions and at least once a year. The public body shall be informed regularly of the findings of the body responsible for checks.
Article 12
Inspection reports and follow-up actions
1. Reports referring to the checks referred to in Article 11 shall be made and kept by the national controlling bodies. These reports shall include in particular the number of carcases checked and the number of those which were incorrectly classified or identified. They shall also give full details of the type of carcase presentations used, and where applicable, of their conformity with Community rules.
2. In cases where a significant number of incorrect classifications or of identifications failing to comply with the rules is ascertained during the checks referred to in Article 11:
(a) |
the number of carcases inspected and the frequency of spot checks shall be increased; |
(b) |
the licences or approvals provided for in Articles 8 and 9(1) may be revoked. |
Article 13
Market price to record
1. The market price to be established on the basis of the Community classification scale referred to in Article 42(1)(a) of Regulation (EC) No 1234/2007 shall be the price paid to the supplier for the animal upon delivery to the slaughterhouse, net of value added tax. The said price shall be expressed per 100 kg of carcase presented in accordance with paragraph 3 of this Article, weighed and classified on the hook at the slaughterhouse.
2. The weight to be taken into account shall be the warm weight of the carcase taken not later than one hour after the animal has been stuck.
The cold weight of the carcase shall correspond to the warm weight as referred to in the first subparagraph less 2 %.
3. For the purpose of establishing market prices, the carcase shall be presented without the removal of external fat, the neck being cut in accordance with veterinary requirements:
(a) |
without kidneys; |
(b) |
without kidney fat; |
(c) |
without pelvic fat; |
(d) |
without thin skirt; |
(e) |
without thick skirt; |
(f) |
without the tail; |
(g) |
without the spinal cord; |
(h) |
without cod fat; |
(i) |
without fat on the inside of topside; |
(j) |
without jugular vein and the adjacent fat. |
4. For the application of the second subparagraph of point A(V) of Annex V to Regulation (EC) No 1234/2007 and by way of derogation of paragraph 3 of this Article, the removal of external fat shall involve exclusively the partial removal of external fat:
(a) |
from the haunch, the sirloin and the middle ribs; |
(b) |
from the point end of brisket, the outer ano-genital area and the tail; |
(c) |
from the topside. |
5. In the case where the presentation of the carcase, at the moment of weighing and classifying on the hook, differs from the presentation provided for in paragraph 3, the weight of the carcase shall be adjusted by application of the corrective factors specified in Annex III in order to progress from that presentation to the reference presentation. In this case the price for each 100 kg of carcase shall be adjusted accordingly.
Where the adjustments referred to in the first subparagraph are the same throughout the territory of a Member State, they shall be calculated on a national basis. Where such adjustments vary from one slaughterhouse to another, they shall be calculated individually.
Article 14
Categories and classes for recording of market prices
1. National and Community recording of market prices on the basis of the Community classification scale referred to in Article 42(1)(a) of Regulation (EC) No 1234/2007 shall be carried out each week and shall relate to the following conformation and fat cover classes for the five categories specified in point A(II) of Annex V to that Regulation:
(a) |
carcases of uncastrated young male animals of less than two years of age: U2, U3, R2, R3, O2, O3; |
(b) |
carcases of other uncastrated male animals: R3; |
(c) |
carcases of castrated male animals: U2, U3, U4, R3, R4, O3, O4; |
(d) |
carcases of female animals that have calved: R3, R4, O2, O3, O4, P2, P3; |
(e) |
carcases of other female animals: U2, U3, R2, R3, R4, O2, O3, O4. |
2. Member States shall decide whether their territory is to comprise a single region or whether to divide it into more than one region. This decision shall be taken on the basis of:
(a) |
the size of their territory; |
(b) |
the existence, if any, of administrative divisions; |
(c) |
geographical variations in prices. |
However, the United Kingdom shall comprise at least two regions, namely Great Britain and Northern Ireland, which may be subdivided on the basis of the criteria referred to in the first subparagraph.
Article 15
Representative prices
1. The following shall be required to record prices:
(a) |
the operator of any slaughterhouse which annually slaughters 20 000 or more adult bovine animals reared by it or on its behalf and/or adult bovine animals purchased by it; |
(b) |
the operator of any slaughterhouse which is designated by the Member State and which annually slaughters less than 20 000 adult bovine animals reared by it or on its behalf and/or adult bovine animals purchased by it; |
(c) |
any natural or legal person who sends 10 000 or more adult bovine animals for slaughter annually to a slaughterhouse; and |
(d) |
any natural or legal person who is designated by the Member State and who sends less than 10 000 adult bovine animals for slaughter annually to a slaughterhouse. |
The Member State shall ensure that prices are recorded for at least:
(a) |
25 % of the slaughterings in those of its regions which together cover at least 75 % of the total slaughterings in that Member State; and |
(b) |
30 % of the adult bovine animals slaughtered within its territory. |
2. The prices recorded under paragraph 1 shall be those which relate to adult bovine animals slaughtered during the recording period concerned, on the basis of the cold weight of the carcase as referred to in the second subparagraph of Article 13(2).
In the case of a slaughterhouse which slaughters adult bovine animals reared by it or on its behalf, the price recorded shall be the average price paid for carcases of the equivalent category and class, slaughtered during the same week in that slaughterhouse.
The prices recorded for each class referred to in Article 14(1) shall indicate the average carcase weight to which they relate and whether or not they have been corrected to take into account each of the elements referred to in Article 13.
Article 16
Calculation of weekly prices
1. The prices recorded in accordance with Article 15 in the period from Monday to Sunday, shall:
(a) |
be reported to the competent authority of the Member State, in writing or by electronic means, by the operator of the slaughterhouse or natural or legal person concerned by such time as is fixed by the Member State; or |
(b) |
at the option of the Member State, be made available to its competent authority at the slaughterhouse or the premises of the natural or legal person. |
However, where a Member State has established a committee to determine prices for a region, and where the membership of such committee is divided equally between buyers and sellers of adult bovine animals and their carcases, the chairman being employed by the competent authority, that Member State may direct that the prices and details be sent direct to the chairman of the committee in the relevant region. In the event that the Member State does not so direct, the competent authority shall send them to the chairman of that committee. The chairman shall ensure that the origin of each price cannot be identified when communicated to the members of the committee.
2. The prices reported shall be the average price per class.
3. Any slaughterhouse or natural or legal person referred to in the first subparagraph of Article 15(1) which makes supplementary payments to suppliers of adult bovine animals or their carcases, such payments not being taken into account in the prices reported, shall notify the competent authority of its Member State of the last supplementary payment made by it, and the period to which it relates. Thereafter it shall notify the Member State of the amount of any supplementary payments each time such payment is made.
4. The competent authority of the Member State shall determine average regional prices for each class referred to in Article 14(1) from the prices reported to it under paragraph 1 of this Article.
The committees referred to in the second subparagraph of paragraph 1 of this Article shall determine average regional prices for each class referred to in Article 14(1) from the prices reported to them under paragraph 1 of this Article and shall report them to the competent authority of the Member State.
5. In the case of flat-rate purchases, where the carcases in a consignment relate to not more than three consecutive conformation classes and three consecutive fat cover classes in the same category, the price shall be taken into account in the determination of prices under paragraph 4 for the conformation class in which the largest number of carcases is classified or, if they are equally divided amongst the classes, for the middle of those classes, where such class exists. In all other cases the price shall not be taken into account.
However, where flat-rate purchases account for less than 35 % of total slaughterings of adult bovine animals in the Member State, it may decide not to take the prices for such purchases into account in the calculations under paragraph 4.
6. An initial national price for each class shall then be calculated by the competent authority by weighting the regional prices to take into account the importance of the slaughterings in the region to which they relate for the category concerned in relation to the overall number of slaughterings for the category concerned in the Member State.
7. The competent authority shall correct the initial national price per class referred to in paragraph 6:
(a) |
to take into account each of the elements referred to in Article 13 where such correction has not already been made; |
(b) |
to ensure that the price is calculated on the basis of the cold weight of the carcase as referred to in the second subparagraph of Article 13(2); |
(c) |
to take into account supplementary payments made, as referred to in paragraph 3, if the correction would amount to at least 1 % of the price for the class in question. |
In making the correction under point (c), the competent authority shall divide the total supplementary payments made in relation to the beef sector in the Member State concerned in the previous financial year, by the total annual throughput in tonnes of adult bovine animals for which prices are reported.
8. Where, in the opinion of the competent authority of the Member State, the prices reported to it:
(a) |
relate to an insignificant number of carcases, it shall not take these prices into account; |
(b) |
appear to be unreliable, it shall only take them into account if and when it has satisfied itself that they are reliable. |
Article 17
Weekly reporting of prices to the Commission
1. In accordance with Article 36, Member States shall communicate to the Commission the prices calculated in accordance with Article 16(4) to (7). They shall not communicate those prices to any other body before they have communicated them to the Commission.
2. Where, in exceptional circumstances or for reasons of seasonality of supply, prices relating to a significant number of carcases of one or more classes referred to in Article 14(1) cannot be recorded in a Member State or region, the Commission may use the last prices recorded for the said class or classes before such occurrence; where such a situation continues for more than two consecutive weeks, the Commission may decide on the temporary elimination of the class or classes in question for price reporting purposes and on the temporary redistribution of the weighting or weightings allocated to those classes.
Article 18
Average Community prices
1. For a given category:
(a) |
the average Community price for each of the conformation and fat cover classes listed in Article 14(1) shall be the weighted average of the national market prices recorded for the class. Weighting shall be based on the proportion of quantities of that class slaughtered in each Member State to total Community slaughterings of that class; |
(b) |
the average Community price for each conformation class shall be the weighted average of the average Community prices for the fat cover classes which constitute that conformation class. Weighting shall be based on the proportion of slaughterings of each fat cover class to total slaughterings of that conformation class in the Community; |
(c) |
the average Community price shall be the weighted average of the average Community prices referred to in point (a). Weighting shall be based on the proportion of the quantities slaughtered in each class referred to in point (a) to total Community slaughterings in the category. |
2. The average Community price for all categories together shall be the weighted average of the average prices referred to in paragraph 1(c). Weighting shall be based on the proportion of each category to total slaughterings of adult bovine animals in the Community.
Article 19
Annual notification of Member States to the Commission
No later than 15 April each year, Member States shall forward to the Commission:
(a) |
a confidential list of slaughterhouses which record prices, whether under Article 15(1)(a) or (b), indicating the throughput of adult bovine animals for each slaughterhouse, expressed in numbers and, if possible, in tonnes deadweight, in the previous calendar year; |
(b) |
a confidential list of natural or legal persons who record prices, whether under Article 15(1)(c) or (d), indicating the number of adult bovine animals, if possible expressed also in tonnes deadweight, sent for slaughter by them in the previous calendar year; |
(c) |
a list of the regions for which prices are recorded and the weighting attached to each under Article 16(6). |
CHAPTER III
PIGMEAT SECTOR
Article 20
Compulsory classification of carcases and derogations thereof
1. The Community classification scale of pig carcases referred to in Article 42(1) of Regulation (EC) No 1234/2007 shall be used by all slaughterhouses for grading all carcases in order to enable producers to receive fair payment based on the weight and composition of the pigs they have delivered to the slaughterhouse.
2. By way of derogation from paragraph 1, Member States may decide not to make application of this scale obligatory in slaughterhouses:
(a) |
for which the Member States concerned set a maximum number of slaughters; this number may not exceed 200 pigs per week on a yearly average basis; |
(b) |
which slaughter only pigs born and fattened in their own breeding establishments and which cut up all the carcases obtained. |
The Member States concerned shall notify the Commission of their decision referred to in the first subparagraph, specifying the maximum permitted number of slaughters in each of the slaughterhouses which are exempt from application of the Community scale.
Article 21
Weighing, grading and marking
1. Pig carcases shall be graded, in accordance with the classification defined in point B(II) of Annex V to Regulation (EC) No 1234/2007, at the time of weighing.
In respect of pigs slaughtered in their territory, Member States may be authorised to allow classification before weighing, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
2. In accordance with Article 43(m)(iv) of Regulation (EC) No 1234/2007, the provisions of point B(II) of Annex V to Regulation (EC) No 1234/2007 and of paragraph 1 of this Article, do not exclude, as regards pigs slaughtered in the territory of a Member State, the use of assessment criteria in addition to weight and estimated lean-meat content.
3. Immediately after grading, pig carcases shall be marked with the capital letter denoting the class of the carcase or the percentage of estimated lean meat as laid down in point B(II) of Annex V to Regulation (EC) No 1234/2007.
The letters or numerals must be at least two centimetres high. Any non-toxic, indelible and heat-resistant ink may be used for marking as well as any other form of permanent marking authorised in advance by the competent national authorities.
Without prejudice to the first subparagraph, particulars of carcase weight or any other particulars considered appropriate may be marked on the carcase.
Half-carcases shall be marked on the skin of the hind shank or the ham.
A label affixed in such a manner that it cannot be removed without being damaged shall also be an acceptable form of marking.
4. By way of derogation from paragraph 3, Member States may lay down that pig carcases need not be marked if an official record is drawn up comprising for each carcase at least:
(a) |
individual identification of the carcase by any unalterable means; |
(b) |
the warm weight of the carcase; and |
(c) |
the estimated lean-meat content. |
This record must be kept for six months and, on the day when it is drawn up, be certified as a true original certificate by a person entrusted with this verification task.
However, in order to be marketed uncut in another Member State, carcases shall be marked in accordance with the appropriate class, as provided for in point B(II) of Annex V to Regulation (EC) No 1234/2007, or in accordance with the percentage expressing their lean-meat content.
5. Without prejudice to the second paragraph of point B(III) of Annex V to Regulation (EC) No 1234/2007, no fat, muscle or other tissue may be removed from the carcase before weighing, grading and marking.
Article 22
Carcase weight
1. For the purposes of application of Article 42(1)(b) of Regulation (EC) No 1234/2007, the weight shall apply to the cold carcase presented as described in point B(III) of Annex V to that Regulation.
2. The carcase shall be weighed as soon as possible after slaughter and not more than 45 minutes after the pig has been stuck.
The cold carcase weight shall correspond to the warm weight recorded as referred to in the first subparagraph less 2 %.
If, in a given slaughterhouse, the 45-minute period between the sticking and the weighing of the pig cannot generally be observed, the competent authority of the Member State concerned may allow this period to be exceeded provided that the deduction of 2 % specified in the second subparagraph shall be reduced by 0,1 point for every additional quarter of an hour or part thereof that has elapsed.
3. By way of derogation from paragraphs 1 and 2, the weight of the cold carcase may be calculated by reference to predetermined scales of absolute weight reductions established by Member States in accordance with the characteristics of their pig herds and notified to the Commission. The use of such scales shall be authorised in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007, if the reductions for individual weight classes correspond, as far as possible, to the reductions resulting from paragraphs 1 and 2.
Article 23
Lean-meat content of pig carcases
1. For the purposes of application of point B(IV) of Annex V to Regulation (EC) No 1234/2007, the lean-meat content of a pig carcase shall be the relationship between:
— |
the total weight of the red striated muscles provided that they are separable by knife, and |
— |
the weight of the carcase. |
The total weight of the red striated muscles is obtained either by total dissection of the carcase or by partial dissection of the carcase or by combination of total or partial dissection with a national quick method based on proven statistical methods adopted in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.
The dissection referred to in the second subparagraph may also be replaced by assessing the lean meat percentage by means of total dissection with a computer tomography apparatus on the condition that satisfactory comparative dissection results are provided.
2. The standard statistical method for assessing the lean-meat content of pig carcases authorised as a grading method within the meaning of point B(IV) of Annex V to Regulation (EC) No 1234/2007 shall be either ordinary least squares or rank reduced methods, but other statistically proven methods may be used.
The method shall be based on a representative sample of the national or regional pigmeat production concerned, consisting of at least 120 carcases whose lean-meat content has been ascertained in accordance with the dissection method laid down in Annex IV to this Regulation. If multiple sampling methods are used, the reference shall be measured on at least 50 carcases and the precision shall be at least equal to that obtained using the standard statistical method on 120 carcases using the method in Annex IV.
3. Grading methods shall be authorised only if the root mean squared error of prediction (RMSEP), computed by a full cross-validation technique or by a test set validation on a representative sample of at least 60 carcases, is less than 2,5. In addition, any outliers shall be included in the calculation of RMSEP.
4. Member States shall inform the Commission, by way of a protocol, of the grading methods they wish to have authorised for application in their territory, describing the dissection trial, indicating the principles on which these methods are based and the equations used for assessing the percentage of lean meat. The protocol should have two parts and should include the elements provided for in Annex V. Part one of the protocol is presented to the Commission prior to the start of the dissection trial.
Application of grading methods in the territory of a Member State shall be authorised in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 on the basis of the protocol.
5. The application of grading methods must correspond in all particulars to the description given in the Community Decision authorising them.
Article 24
On-the-spot checks
1. The grading, weighing and marking of the pig carcases in the establishments referred to in Article 20 shall be checked on the spot without prior warning by a body independent of the classification agencies and of the establishments.
However, the requirement to be independent of the classification agencies shall not apply where the competent authority itself carries out such controls.
2. Checks must be carried out at least twice every three months in all approved establishments which slaughter 200 pigs or more per week as an annual average.
However, for approved establishments which slaughter less than 200 pigs per week as an annual average, Member States shall determine the frequency of the checks.
3. For the application of the provisions in paragraphs 1 and 2, Member States shall:
(a) |
determine the scope of the checks on the basis of their risk assessment, particularly taking into account the number of slaughterings of pigs in the slaughterhouses concerned and the findings during previous checks in these slaughterhouses; |
(b) |
notify to the Commission the measures they have taken for the application of these provisions by 1 July 2009 at the latest and thereafter within one month after any changes in the information to be notified. |
4. Where the body responsible for checks does not fall under the responsibility of a public body, the checks provided for in paragraphs 1 and 2 must be carried out under the physical supervision of a public body under the same conditions and at least once a year. The public body shall be informed regularly of the findings of the body responsible for checks.
Article 25
Market price for pig carcases in Member States
1. The market price for pig carcases in a Member State shall be equal to the average of the quotations for pig carcases recorded on the representative markets or quotation centres of that Member State.
2. The price referred to in paragraph 1 shall be determined using the quotations recorded for carcases weighing:
— |
60 to less than 120 kg of grade E, |
— |
120 to less than 180 kg of grade R. |
The choice of weight categories and any weighing thereof shall be left to the Member States concerned; the latter shall inform the Commission thereof.
3. Member States shall notify to the Commission the representative markets or quotation centres referred to in paragraph 1 by 1 July 2009 at the latest and thereafter within one month after any changes in the information to be notified.
The Commission shall communicate the notifications referred to in the first subparagraph to the other Member States.
Article 26
Average Community price
1. The average Community market price for pig carcases referred to in Articles 17 and 37 of Regulation (EC) No 1234/2007 shall be determined on the basis of the prices on entry into the slaughterhouse, excluding value added tax, paid to suppliers of live pigs.
2. The prices determined under paragraph 1 shall include the value of the unprocessed offal and animal residues and shall be expressed in respect of 100 kg of cold pig carcases:
— |
presented in accordance with the reference presentation laid down in the first subparagraph of point B(III) of Annex V to Regulation (EC) No 1234/2007, and |
— |
weighed and classified on the slaughterhouse hook, the weight recorded being converted into cold carcase weight in accordance with the methods laid down in Article 22 of this Regulation. |
3. For the calculation of the Community market price as provided in paragraph 1, the prices recorded in each Member State shall be weighted by using coefficients expressing the relative size of the pig population of each Member State.
The coefficients referred to in the first subparagraph shall be determined on the basis of the number of pigs counted at the beginning of December each year in accordance with Council Directive 93/23/EEC (16).
Article 27
Weekly reporting of quotations to the Commission
1. In accordance with Article 36, Member States shall communicate to the Commission:
(a) |
the quotations as determined in accordance with Article 25(1) and Article 26(1) and (2); |
(b) |
the representative quotations for piglets per head of an average live weight of approximately 20 kilograms. |
2. Where one or more quotations are not received by the Commission, the latter shall take into account the last quotation available. Where a quotation or quotations are missing for the third consecutive week, the Commission shall no longer take that or those quotations into account.
3. The Member States shall, at the Commission’s request, communicate the following information, where available, concerning products covered by Part XVII of Annex I to Regulation (EC) No 1234/2007:
(a) |
market prices in Member States for products imported from third countries; |
(b) |
prices ruling on the representative markets in third countries. |
CHAPTER IV
SHEEPMEAT SECTOR
Article 28
Criteria for defining carcases of light lambs
1. For the purposes of application of the criteria referred to in paragraph 2 of point C(III) of Annex V to Regulation (EC) No 1234/2007, the rules laid down in Annex VI to this Regulation shall apply.
2. The meat colour, referred to in Annex VI, shall be determined on the flank at the rectus abdominis by reference to a standardised colour chart.
Article 29
Additional provisions regarding the classes of conformation and fat cover, carcase weight and colour of meat
Additional provisions specifying the definitions of the classes of conformation and fat cover referred to in point C(III) of Annex V to Regulation (EC) No 1234/2007 are laid down in Annex VII to this Regulation.
Article 30
Classification and identification
1. The classification and identification referred to in point C(III) and C(V) of Annex V to Regulation (EC) No 1234/2007 shall be carried out in the slaughterhouse itself.
2. Classification, identification and weighing of the carcases shall be made not later than one hour after the animal has been stuck.
3. The identification of the carcases or half-carcases classified according to the scale referred to in the second subparagraph of Article 42(1) of Regulation (EC) No 1234/2007 in participating establishments shall be carried out by means of a mark indicating the category and the class of conformation and fat cover.
That marking shall be carried out by stamping, using an indelible and non-toxic ink following a method approved by the competent national authorities.
Categories shall be designated as follows:
(a) |
L: carcases of sheep under 12 months old (lamb); |
(b) |
S: carcases of other sheep. |
4. Member States may authorise the replacement of the marking by the use of an unalterable and firmly attachable label.
Article 31
Classification by qualified classifiers
Member States shall ensure that classification is carried out by sufficiently qualified classifiers. Member States shall determine such persons by means of a procedure of agreement or by designating a body responsible for this purpose.
Article 32
On-the-spot checks
1. The performance of the classifiers referred to in Article 31 as well as the classification and identification of the carcases in the participating establishments shall be checked on the spot, without prior warning, by a body designated by the Member State and independent of the classification agencies and of the participating establishment.
However, the requirement to be independent of the classification agencies shall not apply where the competent authority itself carries out such controls.
Where the body responsible for checks does not fall under the authority of a public body, the checks provided for in the first subparagraph must, at least once a year, be carried out under the physical supervision of a public body under the same conditions. The public body shall be informed regularly of the findings of the body responsible for checks.
2. These checks must be carried out at least once every three months in all participating establishments which operate classification and slaughter 80 sheep or more per week as an annual average. Each check must relate to at least 40 carcases, selected at random.
However, in participating establishments which slaughter less than 80 sheep per week as an annual average, Member States shall determine the frequency of the checks and the minimum number of carcases to be checked on the basis of their risk assessment, particularly taking into account the number of slaughterings of sheep in the establishments concerned and the findings during previous checks in these establishments.
Article 33
Market price to record
1. The market price to be established on the basis of the Community scale for the classification of carcases of ovine animals, referred to in the second subparagraph of Article 42(1) of Regulation (EC) No 1234/2007 shall be the price at entry to the slaughterhouse, net of value added tax paid to the supplier for lamb of Community origin. This price shall be expressed per 100 kg carcase weight presented according to the reference presentation provided for in point C(IV) of Annex V to Regulation (EC) No 1234/2007 weighed and classified on the hook at the slaughterhouse.
2. The weight to be taken into account shall be the warm weight of the carcase corrected to take account of weight loss on chilling. Member States shall inform the Commission of the corrective factors used.
3. In the case where the presentation of carcases after weighing and classifying on the hook differs from the reference presentation, Member States shall adjust the weight of the carcase by the application of corrective factors provided for in the second subparagraph of point C(IV) of Annex V to Regulation (EC) No 1234/2007. Member States shall notify the Commission of the corrective factors used.
Article 34
Reporting of prices to the Commission
1. Member States whose sheepmeat production exceeds 200 tonnes per year shall communicate to the Commission the confidential list of the slaughterhouses or other establishments participating for the establishment of prices according to the Community scale (hereinafter ‘participating establishment’) together with an indication of the approximate annual throughput of these participating establishments.
2. In accordance with Article 36, the Member States referred to in paragraph 1 shall communicate to the Commission the average price for each quality of lamb within the Community scales for all participation establishments, together with an indication of the size of each quality. However, where a quality makes up less than 1 % of the total, prices need not to be reported. Member States shall also communicate to the Commission the average price on a weight basis for all classified lamb in each scale used for price reporting purposes.
However, Member States are authorised to subdivide price reported for each of the classes of conformation and degrees of fat cover provided for in paragraph 1 of point C(III) of Annex V to Regulation (EC) No 1234/2007 on the basis of weight. The term ‘quality’ shall mean the combination of class of conformation and of fat cover.
Article 35
Average Community prices
For the calculation of the average Community prices of lamb carcases, the prices referred to in Article 34(2) shall be weighted by using coefficients expressing the relative size of the sheepmeat production in each Member State to the total Community sheepmeat production.
CHAPTER V
COMMON AND FINAL PROVISIONS
Article 36
Weekly reporting of prices to the Commission
1. No later than 12 noon, Brussels time, on Wednesday each week, Member States shall communicate to the Commission the market prices or quotations referred to in Articles 17(1), 27(1) and 34(2) of this Regulation.
The prices or quotations shall relate to the period from Monday to Sunday preceding the week in which the information is communicated.
The prices or quotations reported shall be expressed in euro or, where applicable, in national currency.
2. The communications referred to in paragraph 1 shall be made by electronic means using the form made available to the Member States by the Commission.
Article 37
Periodic revision of weighting coefficients
1. The weighing coefficients referred to in Articles 18, 26(3) and 35 of this Regulation shall be revised periodically to take into account trends recorded at national and Community levels.
2. For each revision referred to in paragraph 1, the Commission shall communicate to the Member States the revised weighting coefficients.
Article 38
Community inspection committee
1. The Community inspection committee referred to in Article 42(2) of Regulation (EC) No 1234/2007, hereafter referred to as ‘the Committee’, shall be responsible for carrying out on-the-spot inspections covering:
(a) |
the application of the arrangements relating to the Community scales for the classification of beef and sheep carcases; |
(b) |
the recording of market prices according to those classification scales; |
(c) |
the classification, identification and marking of products within the framework of the buying-in under public intervention in the beef and veal sector provided for in Article 6(1)(e) of Regulation (EC) No 1234/2007. |
2. The Committee shall be composed of at most:
(a) |
three Commission experts, one of whom shall act as chairman of the Committee; |
(b) |
one expert from the Member State concerned; |
(c) |
eight experts from other Member States. |
The Member States shall appoint experts on the basis of their independence and ability, particularly in matters of classification of carcases and recording of market prices and of the specific nature of the work to be carried out.
Experts shall not under any circumstances use for personal purposes or divulge information obtained in connection with the work of the Committee.
3. Inspections shall be carried out at slaughterhouses, meat markets, intervention centres, price quotation centres and regional and central services engaged in the implementation of the provisions referred to in paragraph 1.
4. Inspections shall be carried out at regular intervals in Member States and their frequency may vary in particular according to the relative volume of beef and sheep production in the Member States visited or to problems linked to the application of the classification scales.
The programme of inspection visits shall be drawn up by the Commission after consulting the Member States. Representatives of the Member State visited may take part in the inspections.
Each Member State shall organise the visits which are to be carried out on its territory according to the requirements defined by the Commission. To that end, the Member State shall forward, 30 days before the visit, the detailed programme of the proposed inspection visits to the Commission, which may request any amendment to the programme.
The Commission shall inform Member States as far in advance as possible before each visit of the programme and conduct thereof.
5. On completion of each visit, the members of the Committee and the representatives of the Member State visited shall meet to consider the results. The members of the Committee shall then draw conclusions from the visit concerning the points referred to in paragraph 1.
The Committee chairman shall draw up a report on the inspections conducted and containing the conclusions referred to in the first subparagraph. The report shall be sent at the earliest possibility to the Member State inspected and to the other Member States subsequently.
When the report referred to in the second subparagraph notes shortcomings in the various fields of activity which were the subject of verification, or makes recommendations with a view to improving operations, the Member States shall inform the Commission of all changes which are envisaged or have taken place not later than three months after the date on which the report was transmitted.
6. Travel and subsistence expenses of members of the Committee shall be borne by the Commission in accordance with the rules applicable to the reimbursement of travel and subsistence expenses of persons unconnected with the Commission who are called upon by it to act as experts.
Article 39
Measures to be taken by the Member States
1. Member States shall take all necessary measures:
(a) |
to ensure that the provisions of this Regulation are applied; |
(b) |
to ensure the accuracy of the prices reported in accordance with Articles 17(1), 27(1) and 34(2) of this Regulation; |
(c) |
to penalise any infringements such as, in particular, the falsification and fraudulent use of stamps and labels, or classification carried out by unlicensed personnel. |
2. Member States shall inform the Commission of the measures referred to in paragraph 1 as soon as possible.
Article 40
Regulations (EEC) No 563/82, (EEC) No 2967/85, (EEC) No 344/91, (EC) No 295/96, (EC) No 103/2006, (EC) No 1128/2006, (EC) No 908/2006, (EC) No 1319/2006, (EC) No 710/2008, (EC) No 22/2008 and Decision 83/471/EEC are repealed.
References to the repealed Regulations and Decision shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.
Article 41
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 2008.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 67, 11.3.1982, p. 23.
(3) OJ L 285, 25.10.1985, p. 39.
(4) OJ L 41, 14.2.1991, p. 15.
(7) OJ L 168, 21.6.2006, p. 11.
(8) OJ L 201, 25.7.2006, p. 6.
(10) OJ L 197, 25.7.2008, p. 28.
(12) OJ L 259, 20.9.1983, p. 30.
(13) OJ L 204, 11.8.2000, p. 1.
(14) OJ L 312, 11.11.2006, p. 6.
ANNEX I
Additional provisions on the classes of conformation and fat cover of carcases of adult bovine animals referred to in Article 3
1. CONFORMATION
Development of carcase profiles, and in particular the essential parts (round, back, shoulder)
Conformation class |
Additional provisions |
||||
S Superior |
|
Topside spreads very markedly over the symphysis (symphisis pelvis) |
|||
|
Rump very rounded |
||||
|
|
||||
E Excellent |
|
Topside spreads markedly over the symphysis (symphisis pelvis) |
|||
|
Rump very rounded |
||||
|
|
||||
U Very good |
|
Topside spreads over the symphysis (symphisis pelvis) |
|||
|
Rump rounded |
||||
|
|
||||
R Good |
|
Topside and rump are slightly rounded |
|||
|
|
||||
|
|
||||
O Fair |
|
|
|||
|
Rump: straight profile |
||||
|
|
||||
P Poor |
|
|
|||
|
|
||||
|
|
2. DEGREE OF FAT COVER
Amount of fat on the outside of the carcase and in the thoracic cavity
Class of fat cover |
Additional provisions |
1 Low |
No fat within the thoracic cavity |
2 Slight |
Within the thoracic cavity the muscle is clearly visible between the ribs |
3 Average |
Within the thoracic cavity the muscle is still visible between the ribs |
4 High |
The seams of fat on the round are prominent. Within the thoracic cavity the muscle between the ribs may be infiltrated with fat |
5 very high |
The round is almost completely covered with fat, so that the seams of fat are no longer clearly visible. Within the thoracic cavity the muscle between the ribs is infiltrated with fat |
ANNEX II
AUTHORISATION OF AUTOMATED GRADING TECHNIQUES AS REFERRED TO IN ARTICLE 9(1)
PART A
Conditions and minimum requirements for authorisation
1. The Member State concerned shall organise a certification test for a jury composed of at least five licensed experts in classification of carcases of adult bovine animals. Two members of the jury will come from the Member State performing the test. The other members of the jury will each come from another Member State. The jury shall comprise an uneven number of experts. The Commission services and other Member States' experts may attend the certification test as observers.
The members of the jury will work in an independent and anonymous way.
The Member State concerned will nominate a coordinator of the certification test who shall:
— |
not be part of the jury, |
— |
have satisfactory technical knowledge and be fully independent, |
— |
monitor the independent and anonymous functioning of the members of the jury, |
— |
collect the classification results of the members of the jury and those obtained by using the automated grading techniques, |
— |
ensure that, during the entire duration of the certification test, the classification results obtained by using the automated grading techniques shall not be available to any of the members of the jury and vice versa nor to any other interested party, |
— |
validate the classifications for each carcase and may decide, for objective reasons to be specified, to reject carcases from the sample to be used for the analysis. |
2. For the certification test:
— |
each of the classes of conformation and of fat cover shall be subdivided into three subclasses, |
— |
a sample of at minimum 600 validated carcases shall be required, |
— |
the percentage of failures shall be no more than 5 % of the carcases that are fit for classification by using automated grading techniques. |
3. For each validated carcase, the median of the results of the members of the jury shall be considered as the correct grade of that carcase.
To estimate the performance of the automated grading techniques, the results of the automated classification machine shall, for each validated carcase, be compared to the median of the results of the jury. The resulting accuracy of the grading by automated grading techniques is established by using a system of points that are attributed as follows:
|
Conformation |
Fat cover |
No error |
10 |
10 |
Error of 1 unit (i.e. one subclass up or down) |
6 |
9 |
Error of 2 units (i.e. two subclasses up or down) |
–9 |
0 |
Error of 3 units (i.e. three subclasses up or down) |
–27 |
–13 |
Error of more than 3 units (i.e. more than three subclasses up or down) |
–48 |
–30 |
With a view to authorisation, the automated grading techniques should achieve at least 60 % of the maximum number of points for both conformation and fat cover.
In addition, the classification by using the automated grading techniques must be within the following limits:
|
Conformation |
Fat cover |
Bias |
± 0,30 |
± 0,60 |
Slope of the regression line |
1 ± 0,15 |
1 ± 0,30 |
PART B
Information to be provided by Member States as regards the organisation of a certification test
— |
The dates on which the certification test shall take place, |
— |
a detailed description of the carcases of adult bovine animals classified in the Member State concerned or a part thereof, |
— |
the statistical methods used for selecting the sample of carcases that shall be representative, in terms of category, classes of conformation and of fat cover, of the adult bovine animals slaughtered in the Member State concerned or a part thereof, |
— |
the name and address of the slaughterhouse(s) where the certification test shall take place, an explanation of the organisation and performance of the processing line(s), including the speed per hour, |
— |
the carcase presentation(s) that shall be used during the certification test, |
— |
a description of the automated grading machine and its technical functions, in particular the security concept of the machine against any type of manipulation, |
— |
the licensed experts nominated by the Member State concerned to take part in the certification test as members of the jury, |
— |
the coordinator of the certification test, proving his satisfactory technical knowledge and full independence, |
— |
the name and address of the independent body designated by the Member State concerned that shall analyse the results of the certification test. |
PART C
Information to be provided by Member States as regards the results of a certification test
— |
A copy of the classification sheets completed and signed by the members of the jury and by the coordinator during the certification test, |
— |
a copy of the classification results obtained by using automated grading techniques signed by the coordinator during the certification test, |
— |
a report of the coordinator on the organisation of the certification test in view of the conditions and minimum requirements set out in part B of this Annex, |
— |
a quantitative analysis, according to a methodology to be agreed upon by the Commission, of the results of the certification test indicating the classification results of each expert classifier and those obtained by using the automated grading techniques. The data used for the analysis must be provided in an electronic format to be agreed upon by the Commission, |
— |
the accuracy of the automated grading techniques established in accordance with the provisions in part A, point (3) of this Annex. |
ANNEX III
Corrective factors referred to in Article 13(5) expressed as a percentage of the carcase weight
Percentage |
Decrease |
Increase |
||||||
Fat classes |
1-2 |
3 |
4-5 |
1 |
2 |
3 |
4 |
5 |
Kidneys |
–0,4 |
|
||||||
Kidney fat |
–1,75 |
–2,5 |
–3,5 |
|
||||
Pelvic fat |
–0,5 |
|
||||||
Liver |
–2,5 |
|
||||||
Thin skirt |
–0,4 |
|
||||||
Thick skirt |
–0,4 |
|
||||||
Tail |
–0,4 |
|
||||||
Spinal cord |
–0,05 |
|
||||||
Mammary fat |
–1,0 |
|
||||||
Testicles |
–0,3 |
|
||||||
Cod fat |
–0,5 |
|
||||||
Fat on inside of topside |
–0,3 |
|
||||||
Jugular vein and adjacent fat |
–0,3 |
|
||||||
Removal of external fat |
|
0 |
0 |
+ 2 |
+ 3 |
+ 4 |
||
Removal of brisket fat to leave a covering of fat (the muscle tissue must not be exposed) |
|
0 |
+0,2 |
+0,2 |
+0,3 |
+0,4 |
||
Removal of flank fat adjacent to the cod fat |
|
0 |
+0,3 |
+0,4 |
+0,5 |
+0,6 |
ANNEX IV
Lean-meat content referred to in Article 23(2)
1. The prediction of the lean meat percentage is based on the dissection executed in accordance with the reference method.
2. Where partial dissection is carried out, the prediction of the lean meat percentage is based on the dissection of the four major cuts (shoulder, loin, ham and belly). The reference lean meat percentage is calculated as follows:
The weight of the lean in the four major cuts (shoulder, loin, ham and belly) will be calculated by subtracting the total of the non-lean elements of the four cuts from the total weight of the cuts before dissection.
3. Where total dissection is carried out, the reference lean meat percentage is calculated as follows:
The weight of the lean will be calculated by subtracting the total of the non-lean elements from the total carcase weight before dissection. The head, except the cheek, is not dissected.
ANNEX V
Protocol of grading methods of pig carcases referred to in Article 23(4)
1. |
Part one of the protocol shall give a detailed description of the dissection trial and include in particular:
|
2. |
Part two of the protocol shall give a detailed description of the results of the dissection trial and include in particular:
|
ANNEX VI
Classification scale for carcases of lambs of less than 13 kg carcase weight referred to in Article 28
Category |
A |
B |
C |
|||
Weight |
≤ 7 kg |
7,1 — 10 kg |
10,1 — 13 kg |
|||
Quality |
1st |
2nd |
1st |
2nd |
1st |
2nd |
Meat colour |
clear pink |
other colour or other fat level |
clear pink or pink |
other colour or other fat level |
clear pink or pink |
other colour or other fat level |
Class of fat cover (*1) |
(2) (3) |
(2) (3) |
(2) (3) |
(*1) As defined in paragraph 1 of point C(III) of Annex V to Regulation (EC) No 1234/2007.
ANNEX VII
Additional provisions on the classes of conformation and fat cover of sheep carcases referred to in Article 29
1. CONFORMATION
Development of carcase profiles, and, in particular the essential parts (hindquarter, back, shoulder).
Conformation class |
Additional provisions |
|||||||||
S Superior |
|
|||||||||
E Excellent |
|
|||||||||
U Very good |
|
|||||||||
R Good |
|
|||||||||
O Fair |
|
|||||||||
P Poor |
|
2. DEGREE OF FAT COVER
Amount of fat on the external and of the internal parts of the carcase.
Class of fat cover |
Additional provisions (1) |
||
1. Low |
External |
Traces of or no fat visible |
|
Internal |
Abdominal |
Traces of or no fat visible on kidneys |
|
Thoracic |
Traces of or no fat visible between ribs |
||
2. Slight |
External |
A slight layer of fat covers part of the carcase but may be less evident on the limbs |
|
Internal |
Abdominal |
Traces of fat or slight layer of fat envelops part of the kidneys |
|
Thoracic |
Muscle clearly visible between ribs |
||
3. Average |
External |
A light layer of fat covering most or all of the carcase. Slightly thickened fat zones of the base of the tail |
|
Internal |
Abdominal |
Light layer of fat envelops part or all of the kidneys |
|
Thoracic |
Muscle still visible between ribs |
||
4. High |
External |
A thick layer of fat covering most of all of the carcase but may be thinner on limbs and thickening on shoulders |
|
Internal |
Abdominal |
Kidney is enveloped in fat |
|
Thoracic |
Muscle between ribs may be infiltrated with fat. Fat deposits may be visible on the ribs |
||
5. Very high |
External |
Very thick fat cover Patches of fat sometimes visible |
|
Internal |
Abdominal |
Kidneys enveloped in thick layer of fat |
|
Thoracic |
Muscle between ribs infiltrated with fat. Fat deposits visible on ribs. |
(1) The additional provisions for the abdominal cavity do not apply for the purposes of Annex VI to this Regulation.
ANNEX VIII
Correlation table referred to in Article 40
1. REGULATION (EEC) No 563/82
Regulation (EEC) No 563/82 |
This Regulation |
Article 1(1) |
Article 13(1) |
Article 1(2) |
Article 13(2) |
Article 1(3) |
Article 13(5), first subparagraph |
Article 1(4) |
Article 13(5), second subparagraph |
Article 2 |
Article 2(3) and (4) |
Article 3 |
Article 13(4) |
Article 4 |
Article 41 |
2. REGULATION (EEC) No 2967/85
Regulation (EEC) No 2967/85 |
This Regulation |
Article 1 |
Article 1 |
Article 2(1) |
Article 22(2), first and second subparagraphs |
Article 2(2) |
Article 22(2), third subparagraph |
Article 2(3) |
Article 22(3) |
Article 3 |
Article 23(2) to (5) |
Article 4(1) |
Article 21(3), first and second subparagraphs |
Article 4(2) |
Article 21(3), fourth subparagraph |
Article 4(3) |
Article 21(3), fifth subparagraph |
Article 5 |
Article 21(4), indent (a) |
Article 6 |
Article 39 |
Article 7 |
Article 41 |
3. REGULATION (EEC) No 344/91
Regulation (EEC) No 344/91 |
This Regulation |
Article 1(1) |
Article 6(3) |
Article 1(2) |
Article 6(4) |
Article 1(2a) |
Article 6(2) |
Article 1(3) |
Article 6(5) |
Article 1(4) |
Article 6(6) |
Article 1(5) |
Article 7(2), introductory phrase and indent (a) |
Article 2(1) |
— |
Article 2(2), introductory phrase and first indent |
Article 5 |
Article 2(2), second indent |
— |
Article 2(3) |
Article 6(7) |
Article 3(1), first subparagraph |
Article 8 |
Article 3(1), second subparagraph |
— |
Article 3(1a), first to third subparagraphs |
Article 9(1) |
Article 3(1a), fourth subparagraph |
Article 9(3), indent (a) |
Article 3(1b) |
Article 9(2) |
Article 3(1c) |
Article 9(4) |
Article 3(2), first subparagraph |
Article 11(1) |
Article 3(2), second subparagraph |
Article 11(2) |
Article 3(2), third subparagraph |
Article 11(3) |
Article 3(2), fourth subparagraph |
Article 11(4) |
Article 3(2), fifth subparagraph |
Article 12(2) |
Article 3(2), sixth subparagraph |
Article 12(1) |
Article 3(3) |
Article 39(2) |
Article 4 |
Article 41 |
Annex I |
Annex II, Part A |
Annex II |
Annex II, Parts B and C |
4. REGULATION (EC) No 295/96
Regulation (EC) No 295/96 |
This Regulation |
Article 1 |
Article 14 |
Article 2(1) |
Article 15(1) |
Article 2(2) |
— |
Article 2(3) |
Article 15(2) |
Article 3(1) |
Article 16(1) |
Article 3(2) |
Article 16(2) |
Article 3(3) |
Article 16(3) |
Article 3(4)(a) |
Article 16(4), first subparagraph |
Article 3(4)(b) |
Article 16(4), second subparagraph |
Article 3(4)(c) |
Article 16(5) |
Article 3(4)(d) |
Article 16(6) |
Article 3(4)(e), first subparagraph, introductory phrase |
Article 16(7), first subparagraph, introductory phrase |
Article 3(4)(e), first subparagraph, first indent |
Article 16(7), first subparagraph, indent (a) |
Article 3(4)(e), first subparagraph, second indent |
Article 16(7), first subparagraph, indent (c) |
Article 3(4)(e), second subparagraph |
Article 16(7), second subparagraph |
Article 3(5) |
Article 16(8) |
Article 4 |
Article 17 |
Article 5(1) |
Article 18(1) |
Article 5(2) |
Article 18(2) |
Article 5(3) |
Article 37(1) |
Article 6 |
Article 19 |
Article 7 |
Article 39(1) |
Article 8 |
— |
Article 9 |
Article 41 |
5. REGULATION (EC) No 103/2006
Regulation (EC) No 103/2006 |
This Regulation |
Article 1 |
Article 3(1) |
Article 2 |
— |
Article 3 |
Article 41 |
Annex I |
Annex I |
Annex II and III |
— |
6. REGULATION (EC) No 908/2006
Regulation (EC) No 908/2006 |
This Regulation |
Article 1 |
Article 25(3), first subparagraph |
Article 2 |
— |
Article 3 |
Article 41 |
Annex I to III |
— |
7. REGULATION (EC) No 1128/2006
Regulation (EC) No 1128/2006 |
This Regulation |
Article 1(1) |
Article 26(1) |
Article 1(2) |
Article 26(2) |
Article 2(1) |
Article 25(1) |
Article 2(2) |
Article 25(2) |
Article 3 |
— |
Article 4 |
Article 41 |
Annex I and II |
— |
8. REGULATION (EC) No 1319/2006
Regulation (EC) No 1319/2006 |
This Regulation |
Article 1(1) |
Article 27(1) |
Article 1(2) |
Article 27(2) |
Article 2 |
— |
Article 3 |
Article 27(3) |
Articles 4 and 5 |
— |
Article 6 |
Article 41 |
Annex I and II |
— |
9. REGULATION (EC) No 22/2008
Regulation (EC) No 22/2008 |
This Regulation |
Article 1 |
Article 33 |
Article 2 |
Article 34 |
Article 3 |
Article 3(1) |
Article 4(1) |
Article 30(2) |
Article 4(2) |
Article 30(3) |
Article 4(3) |
Article 30(4) |
Article 5(1) |
Article 31 |
Article 5(2) |
Article 32 |
Article 6 |
Article 38(1), introductory phrase and indents (a) and (b) |
Article 7 |
Article 38(2), second and third subparagraphs |
Article 8 |
Article 38(2), first subparagraph |
Article 9(1), first subparagraph |
Article 38(4), first subparagraph |
Article 9(1), second subparagraph |
— |
Article 9(2) |
Article 38(4), second subparagraph |
Article 9(3) |
Article 38(4), third subparagraph |
Article 9(4) |
Article 38(4), fourth subparagraph |
Article 9(5) |
Article 38(5), first subparagraph |
Article 9(6) |
Article 38(5), second subparagraph |
Article 10 |
Article 38(6) |
Article 11 |
— |
Article 12 |
Article 41 |
Annex I |
Annex VII |
Annex II and III |
— |
10. REGULATION (EC) No 710/2008
Regulation (EC) No 710/2008 |
This Regulation |
Article 1 |
— |
Article 2 |
— |
Article 3 |
Article 41 |
Annex |
— |
11. DECISION 83/471/EEC
Decision 83/471/EEC |
This Regulation |
Article 1 |
Article 38(1) |
Article 2 |
Article 38(2) |
Article 3(1) |
Article 38(3) |
Article 3(2), first subparagraph |
Article 38(4), first subparagraph |
Article 3(2), second subparagraph |
— |
Article 3(2), third subparagraph |
Article 38(4), second subparagraph |
Article 3(3) |
Article 38(4), third subparagraph |
Article 3(4) |
Article 38(4), fourth subparagraph |
Article 4 |
Article 38(5) |
Article 5 |
Article 38(6) |
Article 6 |
— |
16.12.2008 |
EN |
Official Journal of the European Union |
L 337/31 |
COMMISSION REGULATION (EC) No 1250/2008
of 12 December 2008
amending Regulation (EC) No 2074/2005 as regards certification requirements for import of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1), and in particular Article 25(a) and (d) 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,
Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (5), and in particular Article 63 thereof,
Whereas:
(1) |
Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (6) provides in Appendix IV and Appendix V of Annex VI model health certificates for imports of fishery products and bivalve molluscs intended for human consumption. |
(2) |
Council Directive 2006/88/EC and Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the introduction into the Community of aquaculture animals and products thereof and laying down a list of vector species (7) provide for animal health requirements applicable to placing on the market and import of aquaculture animals and products thereof for human consumption. |
(3) |
These provisions include restrictions on import on certain consignments of aquaculture animals and products thereof of species susceptible to the aquatic animal diseases listed in Part II of Annex IV to Directive 2006/88/EC and transport requirements. |
(4) |
The model certificates provided in Regulation (EC) No 2074/2005 should be amended to be in line with the requirements laid down in Directive 2006/88/EC and Regulation (EC) No 1251/2008. |
(5) |
The specific requirements regarding live bivalve molluscs referred to in Section VII of Annex III to Regulation (EC) No 853/2004 also apply to live echinoderms, tunicates and marine gastropods. It is therefore appropriate to extend the scope of the certificate for imports of live bivalve molluscs intended for human consumption by including live echinoderms, live tunicates and live marine gastropods. |
(6) |
Regulation (EC) No 2074/2005 should therefore be amended accordingly. |
(7) |
It is appropriate to introduce a transitional period to permit Member States and industry to take the necessary measures to comply with the new requirements laid down in this Regulation. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 2074/2005
Regulation (EC) No 2074/2005 is amended in accordance with the Annex to this Regulation.
Article 2
Transitional measures
1. For a transitional period until 30 June 2009, consignments for which a health certificate has been issued in accordance with the model laid down in Regulation (EC) No 2074/2005 as amended by Regulation (EC) No 1664/2006 may be imported into the Community.
2. For a transitional period until 31 July 2010, the following consignments for which a health certificate has been issued in accordance with the model laid down in Regulation (EC) No 2074/2005 as amended by Regulation (EC) No 1664/2006 may be imported into the Community:
(a) |
consignments of fishery products for which the animal health attestation laid down in Part II of the model health certificate laid down in Appendix IV to Annex VI to Regulation (EC) No 2074/2005 as amended by this Regulation is not applicable, as described in note (2) of that Part II; |
(b) |
consignments of live bivalve molluscs, echinoderms, tunicates and marine gastropods for which the animal health attestation laid down in Part II of the model health certificate laid down in Appendix V to Annex VI to Regulation (EC) No 2074/2005 as amended by this Regulation is not applicable, as described in note (2) of that Part II. |
Article 3
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
(1) OJ L 328, 24.11.2006, p. 14.
(2) OJ L 139, 30.4.2004, p. 1.
(3) OJ L 139, 30.4.2004, p. 55.
(4) OJ L 139, 30.4.2004, p. 206.
(5) OJ L 165, 30.4.2004, p. 1.
(6) OJ L 338, 22.12.2005, p. 27.
(7) See page 41 of this Official Journal.
ANNEX
Annex VI to Regulation (EC) No 2074/2005 is amended as follows:
(1) |
Appendix IV is replaced by the following: ‘Appendix IV to Annex VI MODEL HEALTH CERTIFICATE FOR IMPORTS OF FISHERY PRODUCTS INTENDED FOR HUMAN CONSUMPTION
|
(2) |
Part A of Appendix V is replaced by the following: ‘Appendix V to Annex VI PART A MODEL HEALTH CERTIFICATE FOR IMPORTS OF LIVE BIVALVE MOLLUSCS ECHINODERMS, TUNICATES AND MARINE GASTROPODS INTENDED FOR HUMAN CONSUMPTION
|
16.12.2008 |
EN |
Official Journal of the European Union |
L 337/41 |
COMMISSION REGULATION (EC) No 1251/2008
of 12 December 2008
implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1), and in particular Article 17(2), Articles 22 and 25 and Article 61(3) thereof,
Whereas:
(1) |
Directive 2006/88/EC lays down the animal health requirements to be applied for the placing on the market and the import and the transit through the Community of aquaculture animals and products thereof. Directive 2006/88/EC repeals and replaces Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2) from 1 August 2008. |
(2) |
According to Directive 2006/88/EC aquaculture animal means any aquatic animal, including ornamental aquatic animals, at all its life stages, including eggs and sperm/gametes, reared in a farm or mollusc farming area, including any aquatic animal from the wild intended for a farm or mollusc farming area. Aquatic animals mean fish, molluscs and crustaceans. |
(3) |
Commission Decision 1999/567/EC of 27 July 1999 laying down the model of the certificate referred to in Article 16(1) of Directive 91/67/EEC (3) and Commission Decision 2003/390/EC of 23 May 2003 establishing special conditions for placing on the market of aquaculture animals species considered not susceptible to certain diseases and the products thereof (4) lay down certain rules for the placing on the market of aquaculture animals, including certification requirements. Commission Decision 2003/804/EC of 14 November 2003 laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (5), Commission Decision 2003/858/EC of 21 November 2003 laying down the animal health conditions and certification requirements for introduction of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (6) and Commission Decision 2006/656/EC of 20 September 2006 laying down the animal health conditions and certification requirements for imports of fish for ornamental purpose (7) lay down conditions for imports of aquaculture animals into the Community. Those Decisions implement Directive 91/67/EEC. |
(4) |
Directive 2006/88/EC provides that the placing on the market of aquaculture animals is to be subject to animal health certification when the animals are introduced into a Member State, zone or compartment declared disease-free in accordance with that Directive or subject to a surveillance or eradication programme. Accordingly, it is appropriate to lay down certification requirements and harmonised model animal health certificates in this Regulation to replace the certification requirements laid down under Directive 91/67/EEC and the Decisions implementing that Directive. |
(5) |
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 (8) lays down specific rules on the hygiene of food of animal origin for food business operators, including packaging and labelling requirements. The animal health certification requirements provided for in the present Regulation for the placing on the market and import of aquaculture animals and products thereof intended for further processing before human consumption should not apply to those animals and products packed and labelled in accordance with Regulation (EC) No 853/2004, subject to certain conditions. |
(6) |
Directive 2006/88/EC provides that Member States are to ensure that the placing on the market of ornamental aquatic animals does not jeopardise the health status of aquatic animals with regard to non-exotic diseases listed in Part II of Annex IV thereto. |
(7) |
Ornamental aquatic animals placed on the market in the Community and intended for facilities without any direct contact with natural waters, namely closed ornamental facilities, do not pose the same risks to other sectors of Community aquaculture or to wild stocks. Accordingly, animal health certification should not be required under this Regulation for such animals. |
(8) |
In order to provide Member States, where the entire territory, or certain zones or compartments thereof, are declared free of one of more of the non-exotic diseases for which ornamental aquatic animals are susceptible, with information on the movements into their territory of ornamental aquatic animals intended for closed ornamental facilities, it is appropriate that such movements are notified through the Traces system as provided for in 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 (9) and introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system (10). |
(9) |
Movements within the Community from closed ornamental facilities to open ornamental facilities or into the wild, may represent a high risk to other sectors of Community aquaculture, and should not be allowed without the authorisation of the competent authorities of the Member States. |
(10) |
Directive 2006/88/EC provides that Member States are to take certain minimum control measures in the event of confirmation of an exotic or non-exotic disease listed in Part II of Annex IV thereto in aquaculture animals or wild aquatic animals or in the case of emerging diseases. In addition, that Directive provides that Member States are to ensure that the placing on the market of aquaculture animals is subject to animal health certification when the animals are allowed to leave an area subject to those control measures. |
(11) |
Accordingly, this Regulation should lay down animal health conditions and certification requirements for consignments of aquaculture animals and products thereof leaving Member States, zones or compartments subject to disease control measures. |
(12) |
Directive 2006/88/EC provides that Member States are to ensure that aquaculture animals and products thereof are introduced into the Community only from third countries or parts thereof that appear on a list drawn up in accordance with that Directive. |
(13) |
Imports into the Community of aquaculture animals should only be permitted from third countries that have animal health legislation and control system equivalent to those in the Community. Accordingly, this Regulation should establish a list of third countries, territories, zones or compartments, from which Member States are permitted to introduce into the Community aquaculture animals for farming, relaying areas, put and take fisheries and open ornamental facilities. However, the import into the Community of certain ornamental fish, molluscs and crustaceans intended for closed ornamental facilities should be permitted from third countries that are members of the World Organisation for Animal Health (OIE). |
(14) |
Third countries and territories which are allowed to export to the Community aquaculture animals for human consumption based on public health considerations should also be allowed to export to the Community under the animal health provisions of this Regulation. Aquaculture animals and products thereof intended for human consumption should therefore only be imported into the Community from third countries, territories, zones or compartments which are included on a list drawn up in accordance with Article 11(1) of 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 (11). |
(15) |
Such lists are set out in Annexes I and II to Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (12) and, for a transitional period until 31 December 2009, by Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (13). In the interest of consistency of Community legislation, those lists should be taken into account in this Regulation. |
(16) |
Directive 2006/88/EC provides that import of aquaculture animals and products thereof are to be accompanied by a document containing an animal health certificate upon their entry into the Community. It is necessary to lay down in this Regulation in detail the animal health conditions for imports of aquaculture animals into the Community, including model animal health certificates, which should replace the import conditions laid down under Directive 91/67/EEC. |
(17) |
Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (14) lays down model health certificates for import of fishery products and of live bivalve molluscs intended for human consumption. In the interests of coherency of Community legislation, this Regulation should provide that those model health certificates accompany import of products covered by this Regulation. |
(18) |
Ornamental aquatic animals, including fish, molluscs and crustaceans, are to a large extent introduced into the Community from third countries and territories. To protect the animal health status of ornamental facilities within the Community, it is necessary to lay down certain animal health requirements for the import of such animals. |
(19) |
It is important to ensure that the animal health status of aquaculture animals imported into the Community is not jeopardised during transport to the Community. |
(20) |
The release of imported aquaculture animals into the wild in the Community poses a particularly high risk to the animal health status of the Community, since the control and eradication of diseases in natural waters are difficult. Accordingly, such release should require a specific authorisation from the competent authority and only be authorised under the condition that appropriate measures are taken to secure the animal health status at the place of release. |
(21) |
Aquaculture animals intended for transiting through the Community should comply with the same requirements as aquaculture animals intended for import into the Community. |
(22) |
Specific conditions for transit via the Community of consignments to and from Russia should be provided for owing to the geographical situation of Kaliningrad which affects only Latvia, Lithuania and Poland. In the interests of consistency of Community legislation, Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (15) and Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (16) should be taken into account in this Regulation. |
(23) |
Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products (17) which lays down the rules to be observed in issuing veterinary certificates, should apply to animal health certificates issued under this Regulation. |
(24) |
Article 17 of Directive 2006/88/EC provides that where scientific data or practical experience substantiates that species other than the susceptible species referred to in Part II of Annex IV to that Directive may be responsible for the transmission of a specific disease by acting as vector species, Member States are to ensure that where those species are introduced for farming or restocking purposes into a Member State, zone or compartment declared free of that specific disease, certain requirements provided for in the Directive are to be complied with. Article 17 of Directive 2006/88/EC also provides for the drawing up of a list of vector species. A list of vector species should therefore be adopted. |
(25) |
The European Food Safety Authority (EFSA) has delivered three opinions on that issue: Scientific Opinion of the Panel on Animal Health and Welfare on a request from the European Commission on possible vector species and live stages of susceptible species not transmitting disease as regards certain fish diseases (18), Scientific Opinion of the Panel on Animal Health and Welfare on a request from the European Commission on possible vector species and live stages of susceptible species not transmitting disease as regards certain mollusc diseases (19), and Scientific Opinion of the Panel on Animal Health and Welfare on a request from the European Commission on possible vector species and live stages of susceptible species not transmitting disease as regards certain crustacean diseases (20). |
(26) |
According to those scientific opinions, the likelihood of the transfer and establishment of the diseases listed in Directive 2006/88/EC by the potential vector species or groups of vector species assessed ranked from negligible/extremely low to moderate, under certain conditions. That assessment covered aquatic species which are used in aquaculture and traded for the purpose of farming. |
(27) |
In drawing up the list of vector species, the EFSA opinions should be taken into account. In deciding which species should be included in that list, an appropriate level of protection of the animal health status of aquaculture animals in the Community should be ensured, while at the same time avoiding the introduction of unnecessary trade restrictions. Consequently, species which pose a moderate risk of disease transmission, according to those opinions, should be included in the list. |
(28) |
Many of the species identified as possible vectors for certain diseases in the EFSA opinions, should only be regarded as such when they originate from an area where species susceptible to the disease in question are present and are intended for an area where those same susceptible species are also present. Accordingly, aquaculture animals of possible vector species should only be regarded as vector species for the purposes of Article 17 of Directive 2006/88/EC under such conditions. |
(29) |
In the interest of clarity and coherence of Community legislation, Decisions 1999/567/EC, 2003/390/EC, 2003/804/EC, 2003/858/EC and 2006/656/EC should be repealed and replaced by this Regulation. |
(30) |
It is appropriate to provide for a transitional period to permit Member States and industry to take the necessary measures to comply with the new requirements laid down in this Regulation. |
(31) |
Bearing in mind the large trade flow of ornamental aquatic animals of species susceptible to epizootic ulcerative syndrome (EUS) and the need to carry out further studies on the risk of that disease to the ornamental aquatic animal industry, including a re-assessment of the list of susceptible species, an immediate interruption of import of ornamental fish species susceptible to EUS intended only for closed ornamental facilities should be avoided. It is therefore appropriate to introduce a transitional period as regards the requirements related to that disease for those consignments. A transitional period is also necessary in order to give third countries sufficient time to document freedom from that disease. |
(32) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
This Regulation lays down:
(a) |
a list of vector species; |
(b) |
animal health conditions for the placing on the market of ornamental aquatic animals either originating from or intended for closed ornamental facilities; |
(c) |
animal health certification requirements for the placing on the market of:
|
(d) |
animal health conditions and certification requirements for imports into the Community, and transit therein, including storage during transit, of:
|
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(a) |
‘closed ornamental facilities’ means pet shops, garden centres, garden ponds, commercial aquaria or wholesalers keeping ornamental aquatic animals:
|
(b) |
‘open ornamental facility’ means ornamental facilities other than closed ornamental facilities; |
(c) |
‘restocking’ means the release of aquaculture animals into the wild. |
CHAPTER II
VECTOR SPECIES
Article 3
List of vector species
Aquaculture animals of species listed in Column 2 of the table in Annex I to this Regulation shall only be regarded as vectors for the purposes of Article 17 of Directive 2006/88/EC where those animals fulfil the conditions set out in Columns 3 and 4 of that table.
CHAPTER III
PLACING ON THE MARKET OF AQUACULTURE ANIMALS
Article 4
Ornamental aquatic animals originating from or intended for ornamental facilities
1. Movements of ornamental aquatic animals shall be subject to notification under the computerised system provided for in Article 20(1) of Directive 90/425/EEC (Traces) where the animals:
(a) |
originate from ornamental facilities in one Member State; |
(b) |
are intended for closed ornamental facilities in another Member State, where the entire territory, or certain zones or compartments thereof:
|
(c) |
are of species susceptible to one or more of the diseases for which the Member State or zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (b). |
2. Ornamental aquatic animals kept in closed ornamental facilities shall not be released into open ornamental facilities, farms, relaying areas and put- and take fisheries, mollusc farming areas or into the wild, unless authorised by the competent authority.
The competent authority shall only grant such authorisation where the release does not jeopardise the health status of the aquatic animals at the place of release and it shall ensure that appropriate risk mitigating measures are taken.
Article 5
Aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking
Consignments of aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities, or restocking shall be accompanied by an animal health certificate completed in accordance with the model set out in Part A of Annex II and the explanatory notes in Annex V, where the animals:
(a) |
are introduced into Member States, zones or compartments:
|
(b) |
are of species susceptible to one or more of the diseases, or vector species for one or more of the diseases, for which the Member State, zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (a). |
Article 6
Aquaculture animals and products thereof intended for further processing before human consumption
1. Consignments of aquaculture animals and products thereof intended for further processing before human consumption, shall be accompanied by an animal health certificate completed in accordance with the model set out in Part B of Annex II and the explanatory notes in Annex V, where they:
(a) |
are introduced into Member States, zones or compartments:
|
(b) |
are of species susceptible to one or more of the diseases for which the Member State, zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (a). |
2. Paragraph 1 shall not apply to:
(a) |
fish which have been slaughtered and eviscerated before dispatch; |
(b) |
molluscs or crustaceans which are intended for human consumption and packed and labelled for that purpose in accordance with Regulation (EC) No 853/2004, and which are:
|
(c) |
aquaculture animals or products thereof placed on the market for human consumption without further processing, provided that they are packed in retail-sale packages which comply with the provisions for such packages in Regulation (EC) No 853/2004. |
Article 7
Live molluscs and crustaceans intended for purification centres, dispatch centres and similar businesses before human consumption
Consignments of live molluscs and crustaceans intended for purification centres, dispatch centres and similar businesses before human consumption, shall be accompanied by an animal health certificate completed in accordance with the model set out in Part B of Annex II and the explanatory notes in Annex V, where they:
(a) |
are introduced into Member States, zones or compartments:
|
(b) |
are of species susceptible to one or more of the diseases for which the Member State, zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (a). |
Article 8
Aquaculture animals and products thereof leaving Member States, zones and compartments subject to disease control measures, including eradication programmes
1. Consignments of aquaculture animals and products thereof leaving Member States, zones or compartments subject to the disease control measures provided for in Sections 3 to 6 of Chapter V of Directive 2006/88/EC, but for which an exemption from those disease control measures has been granted by the competent authority, shall be accompanied by an animal health certificate completed in accordance with the model set out in:
(a) |
Part A of Annex II and the explanatory notes in Annex V where the consignments consist of aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities or restocking; and |
(b) |
Part B of Annex II and the explanatory notes in Annex V where the consignments consist of aquaculture animals and products thereof intended for further processing, purification centres, dispatch centres or similar businesses before human consumption. |
2. Consignments of aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities or restocking shall be accompanied by an animal health certificate completed in accordance with the model set out in Part A of Annex II and the explanatory notes in Annex V, where they:
(a) |
are leaving a Member State, zone or compartment with an eradication programme approved in accordance with Article 44(2) of Directive 2006/88/EC; |
(b) |
are of species susceptible to one or more of the diseases, or vector species for one or more of the diseases, for which the eradication programme applies, as referred to in point (a). |
3. Consignments of aquaculture animals and products thereof intended for further processing, purification centres, dispatch centres or similar businesses before human consumption shall be accompanied by an animal health certificate completed in accordance with the model set out in Part B of Annex II and the explanatory notes in Annex V, where they:
(a) |
are leaving a Member State, zone or compartment with an eradication programme approved in accordance with Article 44(2) of Directive 2006/88/EC; |
(b) |
are of species susceptible to one or more of the diseases for which the eradication programme applies, as referred to in point (a). |
4. This Article shall not apply to:
(a) |
fish which have been slaughtered and eviscerated before dispatch; |
(b) |
molluscs or crustaceans which are intended for human consumption and packed and labelled for that purpose in accordance with Regulation (EC) No 853/2004, and which are:
|
(c) |
aquaculture animals or products thereof placed on the market for human consumption without further processing, provided that they are packed in retail-sale packages which comply with the provisions for such packages in Regulation (EC) No 853/2004. |
Article 9
Introduction of aquaculture animals after inspection
Where this Chapter provides that an inspection is required prior to the issue of an animal health certificate, live aquaculture animals of species susceptible to one or more of the diseases, or vector species for one or more of the diseases, referred to in that certificate, shall not be introduced into the farm or mollusc farming area during the period between such inspection and the loading of the consignment.
CHAPTER IV
CONDITIONS FOR IMPORTS
Article 10
Aquaculture animals intended for farming, relaying areas, put and take fisheries and open ornamental facilities
1. Aquaculture animals intended for farming, relaying areas, put and take fisheries and open ornamental facilities shall only be imported into the Community from third countries, territories, zones or compartments listed in Annex III.
2. Consignments of the aquaculture animals referred to in paragraph 1 shall:
(a) |
be accompanied by an animal health certificate completed in accordance with the model set out in Part A of Annex IV and the explanatory notes in Annex V; |
(b) |
comply with the animal health requirements set out in the model certificate and explanatory notes, as referred to in point (a). |
Article 11
Ornamental aquatic animals intended for closed ornamental facilities
1. Ornamental fish of species susceptible to one or more of the diseases listed in Part II of Annex IV to Directive 2006/88/EC and intended for closed ornamental facilities shall only be imported into the Community from third countries, territories, zones or compartments listed in Annex III to this Regulation.
2. Ornamental fish which are not of susceptible species to any of the diseases listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, shall only be imported into the Community from third countries or territories that are members of the World Organisation for Animal Health (OIE).
3. Consignments of the animals referred to in paragraphs 1 and 2 shall:
(a) |
be accompanied by an animal health certificate completed in accordance with the model set out in Part B of Annex IV and the explanatory notes in Annex V; and |
(b) |
comply with the animal health requirements set out in the model certificate and explanatory notes, as referred to in point (a). |
Article 12
Aquaculture animals and products thereof intended for human consumption
1. Aquaculture animals and products thereof intended for human consumption shall only be imported into the Community from third countries, territories, zones or compartments which are included on a list drawn up in accordance with Article 11(1) of Regulation (EC) No 854/2004.
2. Consignments of the animals and products referred to in paragraph 1 shall:
(a) |
be accompanied by a joint public and animal health certificate completed in accordance with the relevant models set out in Appendixes IV and V of Annex VI to Regulation (EC) No 2074/2005; and |
(b) |
comply with the animal health requirements and notes set out in the model certificates and attestations, as referred to in point (a). |
3. This Article shall not apply where the aquaculture animals are intended for relaying areas or re-immersion into Community waters, in which case Article 10 shall apply.
Article 13
Electronic certification
Electronic certification and other agreed systems harmonised at Community level may be used for the certificates and attestations provided for in this Chapter.
Article 14
Transport of aquaculture animals
1. Aquaculture animals for import into the Community shall not be transported under conditions that may alter their health status. In particular they shall not be transported in the same water or micro-container as aquatic animals which are of a lower health status or which are not intended for import into the Community.
2. During transportation to the Community, the aquaculture animals shall not be unloaded from their micro-container and the water in which they are transported shall not be changed in the territory of a third country which is not approved for import of such animals into the Community or which has a lower health status than the place of destination.
3. Where consignments of aquaculture animals are transported by sea to the Community border, an addendum for transport of live aquaculture animals by sea, completed in accordance with the model set out in Part D of Annex IV, shall be attached to the relevant animal health certificate.
Article 15
Requirements for the release of aquaculture animals and products thereof and for transport water
1. Aquaculture animals and products thereof imported into the Community and intended for human consumption shall be handled appropriately to avoid contamination of natural waters in the Community.
2. Aquaculture animals imported into the Community shall not be released into the wild within the Community, unless authorised by the competent authority of the place of destination.
The competent authority may only grant authorisations where the release does not jeopardise the health status of the aquatic animals at the place of release and it shall ensure that appropriate risk-mitigating measures are taken.
3. Transport water from imported consignments of aquaculture animals and products thereof shall be handled appropriately to avoid contamination of natural waters in the Community.
CHAPTER V
CONDITIONS FOR TRANSIT
Article 16
Transit and storage
Consignments of live aquaculture animals, fish eggs and un-eviscerated fish which are introduced into the Community, but intended for a third country, either by transit immediately through the Community, or after storage in the Community, shall comply with the requirements laid down in Chapter IV. The certificate, which accompanies the consignments, shall bear the words ‘for transit through the EC’. The consignments shall also be accompanied by a certificate required by the third country of destination.
However, where those consignments are intended for human consumption, they shall be accompanied by an animal health certificate completed in accordance with the model set out in Part C of Annex IV and the explanatory notes in Annex V.
Article 17
Derogation for transit through Latvia, Lithuania and Poland
1. By way of derogation from Article 16, transit by road or by rail shall be authorised between the border inspection posts in Latvia, Lithuania and Poland listed in the Annex to Commission Decision 2001/881/EC, of consignments coming from and bound for Russia, directly or via another third country, where the following conditions are met:
(a) |
the consignment is sealed with a serially numbered seal by the official veterinarian at the border inspection post of entry; |
(b) |
the documents accompanying the consignment, as provided for in Article 7 of Directive 97/78/EC, are stamped with the words ‘Only for transit to Russia via the EC’ on each page by the official inspector at the border inspection post of entry; |
(c) |
the procedural requirements provided for in Article 11 of Directive 97/78/EC are complied with; and |
(d) |
the consignment is certified as acceptable for transit on the common veterinary entry document issued by the official inspector at the border inspection post of entry. |
2. The consignments referred to in paragraph 1 may not be unloaded or put into storage, as referred to in Article 12(4) or in Article 13 of Directive 97/78/EC, within the Community.
3. Regular audits shall be conducted by the competent authority to ensure that the number of consignments, as referred to in paragraph 1, and the corresponding quantities of products leaving the Community match the number and quantities entering the Community.
CHAPTER VI
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 18
Certification requirements laid down in other Community legislation
The animal health certificates required in accordance with Chapters III, IV and V of this Regulation shall, where appropriate, incorporate any animal health certificate requirements pursuant to:
(a) |
measures to prevent the introduction of or control of diseases not listed in Part II of Annex IV to Directive 2006/88/EC, approved in accordance with Article 43(2) thereof; or |
(b) |
Article 5 of Commission Decision 2004/453/EC (21). |
Article 19
Repeal
Decisions 1999/567/EC, 2003/390/EC, 2003/804/EC, 2003/858/EC and 2006/656/EC are repealed with effect from 1 January 2009.
References to the repealed Decisions shall be construed as references to this Regulation.
Article 20
Transitional provisions
1. For a transitional period until 30 June 2009, ornamental aquatic animals referred to in Article 4(1) may be placed on the market without notification under the computerised system provided for in Article 20(1) of Directive 90/425/EEC (Traces) provided that they reach their place of final destination before that date.
2. For a transitional period until 30 June 2009, consignments of aquaculture animals and products thereof accompanied by a movement document or animal health certificate in accordance with Annex E to Directive 91/67/EEC or Decisions 1999/567/EC and 2003/390/EC may be placed on the market provided that they reach their place of final destination before that date.
3. For a transitional period until 30 June 2009, the following consignments of aquaculture animals and products thereof may be imported into or transited through the Community:
(a) |
consignments accompanied by an animal health certificate in accordance with Decisions 2003/804/EC, 2003/858/EC and 2006/656/EC; |
(b) |
consignments covered by Chapter IV of this Regulation, but which are not covered by Decisions 2003/804/EC, 2003/858/EC and 2006/656/EC. |
Article 14(3) shall not apply to the consignments referred to in points (a) and (b) during that period.
4. For a transitional period until 31 December 2009, Member States may authorise the import of aquaculture animals and products thereof intended for human consumption from third countries, territories, zones or compartments which are listed in Annexes I and II to Regulation (EC) No 2076/2005.
5. For a transitional period until 31 December 2010, Member States may authorise the import of ornamental aquatic animals of species susceptible to epizootic ulcerative syndrome (EUS) intended solely for closed ornamental facilities from third countries or territories that are Members of the World Organisation for Animal Health (OIE).
During that transitional period, the requirements concerning EUS set out in Part II.2 of the animal health certificate set out in Part B of Annex IV, shall not apply to ornamental aquatic animals intended solely for closed ornamental facilities.
Article 21
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
(1) OJ L 328, 24.11.2006, p. 14.
(3) OJ L 216, 14.8.1999, p. 13.
(4) OJ L 135, 3.6.2003, p. 19.
(5) OJ L 302, 20.11.2003, p. 22.
(6) OJ L 324, 11.12.2003, p. 37.
(7) OJ L 271, 30.9.2006, p. 71.
(8) OJ L 139, 30.4.2004, p. 55.
(9) OJ L 224, 18.8.1990, p. 29.
(10) OJ L 94, 31.3.2004, p. 63.
(11) OJ L 139, 30.4.2004, p. 206.
(12) OJ L 320, 18.11.2006, p. 53.
(13) OJ L 338, 22.12.2005, p. 83.
(14) OJ L 338, 22.12.2005, p. 27.
(15) OJ L 326, 11.12.2001, p. 44.
(16) OJ L 24, 30.1.1998, p. 9.
(17) OJ L 13, 16.1.1997, p. 28.
(18) The EFSA Journal (2007) 584, 1-163.
(19) The EFSA Journal (2007) 597, 1-116.
(20) The EFSA Journal (2007) 598, 1-91.
ANNEX I
List of possible vector species and the conditions under which those species shall be regarded as vectors
Diseases |
Vectors |
||
|
Species which shall be regarded as vectors for the purposes of Article 17(1) and (2) where the additional conditions set out in Columns 3 and 4 of this table are fulfilled |
Additional conditions related to the place of origin of the aquatic animals of the species listed in Column 2 |
Additional conditions related to the place of destination of the aquatic animals of the species listed in Column 2 |
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Epizootic haematopoietic necrosis |
Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus), tench (Tinca tinca) |
No additional conditions |
No additional conditions |
Epizootic ulcerative syndrome |
Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus), tench (Tinca tinca) Swan mussel (Anodonta cygnea), Noble crayfish (Astacus astacus), Signal crayfish (Pacifastacus leniusculus), Redswamp crayfish (Procambarus clarkii) |
No additional conditions |
No additional conditions |
Infection with Bonamia exitiosa |
Portuguese oyster (Crassostrea angulata), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm or mollusc farming area keeping species susceptible to that disease. |
Infection with Perkinsus marinus |
European lobster (Homarus gammarus), Marine crabs (Brachyura spp.), Yabi crayfish (Cherax destructor), Giant river prawn (Macrobrachium rosenbergii), Spiny lobsters (Palinurus spp.), Swimming crab (Portunus puber), Indopacific swamp crab (Scylla serrata), Indian white prawn (Penaeus indicus), Kuruma prawn (Penaeus japonicus), Caramote prawn (Penaeus kerathurus), Blue shrimp (Penaeus stylirostris), Whiteleg shrimp (Penaeus vannamei) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm or mollusc farming area keeping species susceptible to that disease. |
Infection with Microcytos mackini |
None |
Not applicable |
Not applicable |
Taura syndrome |
Penshells (Atrina spp.), Common whelk (Buccinum undatum), Portuguese oyster (Crassostrea angulata), Common edible cockle (Cerastoderma edule), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica), Wedge shell (Donax trunculus), Ezo abalone (Haliotis discus hannai), Tuberculate abalone (Haliotis tuberculata), Periwinkles (Littorina littorea), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Sand gaper (Mya arenaria), Blue mussel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis), Octopus (Octopus vulgaris), European flat oyster (Ostrea edulis), Great Atlantic scallop (Pecten maximus), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), Common cuttlefish (Sepia officinalis), Stromboid conchs (Strombus spp.), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa) European lobster (Homarus gammarus), Marine crabs (Brachyura spp.), Yabi crayfish (Cherax destructor), Giant river prawn (Macrobrachium rosenbergii), Spiny lobsters (Palinurus spp), Swimming crab (Portunus puber), Indopacific swamp crab (Scylla serrata), Indian white prawn (Penaeus indicus), Kuruma prawn (Penaeus japonicus), Caramote prawn (Penaeus kerathurus). |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease. |
Yellowhead disease |
Penshells (Atrina spp.), Common whelk (Buccinum undatum), Portuguese oyster (Crassostrea angulata), Common edible cockle (Cerastoderma edule), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica), Wedge shell (Donax trunculus), Ezo abalone (Haliotis discus hannai), Tuberculate abalone (Haliotis tuberculata), Periwinkles (Littorina littorea), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Sand gaper (Mya arenaria), Blue mussel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis), Octopus (Octopus vulgaris), European flat oyster (Ostrea edulis), Great Atlantic scallop (Pecten maximus), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), Common cuttlefish (Sepia officinalis), Stromboid conchs (Strombus spp.), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present. |
No additional conditions apply related to the place of destination. |
Viral haemorrhagic septicaemia (VHS) |
Beluga (Huso huso), Danube sturgeon (Acipenser gueldenstaedtii), Sterlet sturgeon (Acipenser ruthenus), Starry sturgeon (Acipenser stellatus), Sturgeon (Acipenser sturio), Siberian Sturgeon (Acipenser Baerii) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or river catchment area where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease. |
Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), Crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus), tench (Tinca tinca) North African catfish (Clarias gariepinus), Northern pike (Esox lucius) Catfish (Ictalurus spp.), Black bullhead (Ameiurus melas), Channel catfish (Ictalurus punctatus), Pangas catfish (Pangasius pangasius), Pike perch (Sander lucioperca), Wels catfish (Silurus glanis) European seabass (Dicentrarchus labrax), Striped bass (Morone chrysops x M. saxatilis), Flathead grey mullet (Mugil cephalus), Red drum (Sciaenops ocellatus), Meagre (Argyrosomus regius), Shi drum (Umbrina cirrosa), True tunas (Thunnus spp.), Atlantic bluefin tuna (Thunnus thynnus), White Grouper (Epinephelus aeneus), Dusky grouper (Epinephelus marginatus), Senegalese solea (Solea senegalensis), Common sole (Solea solea), Common pandora (Pagellus erythrinus), Common dentex (Dentex dentex), Gilthead seabream (Sparus aurata), White seabream (Diplodus sargus), Black spot seabream (Pagellus bogaraveo), Red Sea Bream (Pagrus major), Diplodus vulgaris, Sharop snout seabream (Diplodus puntazzo), Common two banded seabream (Diplodus vulgaris), Red porgy (Pagrus pagrus) Tilapia spp (Oreochromis) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease. |
|
Infectious haematopoietic necrosis (IHN) |
Beluga (Huso huso), Danube sturgeon (Acipenser gueldenstaedtii), Sterlet sturgeon (Acipenser ruthenus), Starry sturgeon (Acipenser stellatus), Sturgeon (Acipenser sturio), Siberian Sturgeon (Acipenser Baerii) Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), common carp and koi carp (Cyprinus carpio), silver carp (Hypophtalmichthys molitrix), Chub (Leuciscus spp), Roach (Rutilus rutilus), Rudd (Scardinius erythrophthalmus) tench (Tinca tinca) North African catfish (Clarias gariepinus), Catfish (Ictalurus spp.), Black bullhead (Ameiurus melas), Channel catfish (Ictalurus punctatus), Pangas catfish (Pangasius pangasius), Pike perch (Sander lucioperca), Wels catfish (Silurus glanis) Atlantic halibut (Hippoglossus hippoglossus), Flounder (Platichthys flesus), Atlantic cod (Gadus morhua), Haddock (Melanogrammus aeglefinus) Noble crayfish (Astacus astacus), Signal crayfish (Pacifastacus leniusculus), Redswamp crayfish (Procambarus clarkii) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease. |
Koi herpes virus (KHV) disease |
None |
Not applicable |
Not applicable |
Infectious salmon anaemia (ISA) |
None |
Not applicable |
Not applicable |
Infection with Marteilia refringens |
Common edible cockle (Cerastoderma edule), Wedge shell (Donax trunculus), Sand gaper (Mya arenaria), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease. |
Infection with Bonamia ostreae |
Common edible cockle (Cerastoderma edule), Wedge shell (Donax trunculus), Sand gaper (Mya arenaria), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa) Great Atlantic scallop (Pecten maximus) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm or mollusc farming area where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm or mollusc farming area keeping species susceptible to that disease. |
White spot disease |
Penshells (Atrina spp.), Common whelk (Buccinum undatum), Portuguese oyster (Crassostrea angulata), Common edible cockle (Cerastoderma edule), Pacific cupped oyster (Crassostrea gigas), American cupped oyster (Crassostrea virginica), Wedge shell (Donax trunculus, Ezo abalone (Haliotis discus hannai), Tuberculate abalone (Haliotis tuberculata), Periwinkles (Littorina littorea), Northern quahog (Mercenaria mercenaria), Japanese hard clam (Meretrix lusoria), Sand gaper (Mya arenaria), Blue mussel (Mytilus edulis), Mediterranean mussel (Mytilus galloprovincialis), Octopus (Octopus vulgaris), European flat oyster (Ostrea edulis), Great Atlantic scallop (Pecten maximus), Grooved carpet shell (Ruditapes decussatus), Japanese carpet shell (Ruditapes philippinarum), Common cuttlefish (Sepia officinalis), Stromboid conchs (Strombus spp.), European aurora venus clam (Venerupis aurea), Pullet carpet shell (Venerupis pullastra), Warty venus (Venus verrucosa) |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they originate from a farm where species susceptible to that disease are present. |
Aquatic animals of the species listed in Column 2 shall only be regarded as vectors for the disease listed in Column 1 where they are intended for a farm keeping species susceptible to that disease. |
ANNEX II
PART A
Model animal health certificate for the placing on the market of aquaculture animals for farming, relaying, put and take fisheries, open ornamental facilities and restocking