Search Legislation

Commission Decision of 16 February 2007 laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC (notified under document number C(2007) 422) (Text with EEA relevance) (2007/118/EC)

 Help about what version

What Version

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Status:

This is the original version (as it was originally adopted).

Commission Decision

of 16 February 2007

laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC

(notified under document number C(2007) 422)

(Text with EEA relevance)

(2007/118/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treay establishing the European Community,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(1), and in particular the second subparagraph of Article 4(1) thereof,

Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC(2), and in particular Article 23(1)(g) thereof,

Whereas:

(1) Directive 2002/99/EC lays down conditions to ensure that at all stages of the production, processing and distribution of products of animal origin within the Community do not cause any spread of diseases transmissible to animals. To this end it does not only list various disease-related treatments to inactivate the causative pathogen but first of all provides for the specific marking of such restricted products.

(2) The Directive, however, also provides for the possibility to lay down specific rules for its application, including the establishment of a special identification mark required for meat not authorised for placing on the market for animal health reasons.

(3) Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC, and in particular Article 23(1)(g) thereof, provides that poultry meat originating from holdings located in protection zones must not enter into intra-Community or international trade. For that reason such meat must, unless decided otherwise, bear the mark provided for in Annex II of Directive 2002/99/EC.

(4) Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease(3) and in particular Article 9(2)(f)(i) and paragraph 4(c) requires that meat derived from poultry originating from protection or surveillance zones does not enter intra-Community and that it bears a mark which corresponds to the special identification mark provided for in Annex II of Directive 2002/99/EC.

(5) Certain Member States have informed the Commission that that identification mark has been poorly accepted by operators and customers in the industry. Accordingly, it is appropriate to provide for an alternative identification mark that Member States may decide to apply, instead of the mark provided for in Annex II to Directive 2002/99/EC. However, in the interests of controls, it is important that Member States inform the Commission beforehand, if they decide to apply the alternative identification mark in case of an outbreak of avian influenza or Newcastle disease.

(6) 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(4), provides for an identification mark to be applied to certain meat of animal origin intended for placing on the market.

(7) 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(5), provides for the temporary use of national identification marks for products of animal origin intended for human consumption which may only be marketed in the territory of the Member State where they are produced.

(8) The alternative identification mark provided for in this Decision should be clearly distinguishable from other identification marks to be applied to poultry meat in accordance with Regulations (EC) No 853/2004 or (EC) No 2076/2005.

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

HAS ADOPTED THIS DECISION:

(3)

OJ L 260, 5.9.1992, p. 1. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(4)

OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(5)

OJ L 338, 22.12.2005, p. 83. Regulation as amended by Regulation (EC) No 1666/2006 (OJ L 320, 18.11.2006, p. 47).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources