Commission Implementing Decision of 24 January 2012 amending Decision 2008/855/EC as regards the dispatch to other Member States of certain meat and meat products from holdings situated in the areas listed in Part III of the Annex thereto (notified under document C(2012) 181) (Text with EEA relevance) (2012/40/EU) (repealed)

Article 1

The following Article 8c is inserted in Decision 2008/855/EC:

‘Article 8c Dispatch to other Member States of fresh pigmeat and meat preparations and meat products consisting of or containing such meat from the areas listed in Part III of the Annex

1. By way of derogation from Article 7(1), the Member States concerned with areas listed in Part III of the Annex may authorise the dispatch to other Member States of fresh pigmeat and meat preparations and meat products consisting of or containing such meat, provided that they:

(a) are derived from pigs which have been kept since birth in holdings:

(i)

which are approved for that purpose by the competent authority and notified by it to the Commission and the other Member States;

(ii)

which implement a bio-security plan approved by the competent authority;

(iii)

which have only introduced pigs from holdings:

• approved in accordance with this Decision, or

• located in areas not listed in the Annex and not subject to any restrictions for classical swine fever in accordance with national or Union legislation during a period of 6 months prior to the introduction of the pigs; the period preceding the date of approval of the holding in accordance with this Decision is included in that six-month period;

(iv)

which are regularly inspected by the competent authority at intervals of not more than 3 months; during such inspections the competent authority must at least:

• follow the guidelines laid down in Chapter III of the Annex to Decision 2002/106/EC,

• carry out a clinical examination in accordance with the checking and sampling procedures laid down in Part A of Chapter IV of the Annex to Decision 2002/106/EC,

• verify the effective application of the provisions laid down in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC,

• immediately suspend or withdraw the approval in case of non-compliance;

(v)

where the animals have been subjected to laboratory testing for classical swine fever carried out with negative results on samples taken in accordance with the sampling procedures as laid down in the classical swine fever surveillance plan implemented by the competent authority for a period of at least 6 months prior to movement to the slaughterhouse referred to in point (b);

(vi)

which are located in the centre of an area of at least 10 km radius in which animals in the pig holdings have been subjected to laboratory testing for classical swine fever carried out with negative results on samples taken in accordance with the sampling procedures as laid down in the classical swine fever surveillance plan implemented by the competent authorities for at least the last 3 months prior to movement to the slaughterhouse referred to in point (b);

(vii)

which are located in a county in which:

• a programme for the control and monitoring of classical swine fever approved by the Commission is implemented,

• the incidence and prevalence of classical swine fever in domestic and feral pigs has significantly decreased,

• no evidence of classical swine fever virus circulation in pigs has been detected in the last 12 months;

(b) were produced in slaughterhouses, cutting plants and meat processing establishments:

(i)

which are approved for that purpose by the competent authority and notified by it to the Commission and the Member States;

(ii)

in which the production, storage and processing of the fresh meat and meat preparations and meat products consisting of or containing such meat eligible for dispatch to other Member States is carried out separately from the production, storage and processing of other products consisting of or containing fresh meat and meat preparations and meat products consisting of or containing meat derived from pigs originating in or coming from holdings other than those approved pursuant to point (a)(i).

2. The fresh pigmeat referred to in paragraph 1 shall be marked as provided for in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004.

The meat preparations and meat products consisting of or containing meat referred to in paragraph 1 shall be marked as provided for in Section I of Annex II to Regulation (EC) No 853/2004.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 24 January 2012.

For the Commission

John Dalli

Member of the Commission