Commission Regulation (EC) No 2075/2005 (repealed)Show full title

Article 3 Derogations

1. By way of derogation from Article 2(1), meat of domestic swine that has undergone a freezing treatment in accordance with Annex II under the supervision of the competent authority shall be exempt from Trichinella examination.

2. By way of derogation from Article 2(1), carcases and meat of domestic swine kept solely for fattening and slaughter shall be exempt from Trichinella examination where the animals come from:

(a) a holding or category of holdings that has been officially recognised by the competent authority as free from Trichinella in accordance with the procedure set out in Chapter II of Annex IV;

(b) a region where the risk of

Trichinella

in domestic swine is officially recognised as negligible following:

(i)

forwarding of a notification to that effect by the Member State concerned, together with an initial report containing the information set out in Chapter II(D) of Annex IV, to the Commission and the other Member States; and

(ii)

approval of the region as a region presenting a negligible Trichinella risk in accordance with the following procedure:

• the other Member States shall have three months from receipt of the notification referred to in (i) to send written comments to the Commission. If the Commission or a Member State raises no objections, the region is recognised as a region presenting a negligible Trichinella risk and domestic swine coming from that region shall be exempted from examination for Trichinella at the time of slaughter;

• the Commission shall publish the list of regions recognised as such on its website.

3. Where a competent authority implements the derogation provided for in paragraph 2, the Member State concerned shall submit an annual report to the Commission containing the information referred to in Chapter II(D) of Annex IV in accordance with Article 9(1) of Directive 2003/99/EC.

Where a Member State fails to submit that annual report or the annual report is unsatisfactory for the purposes of this Article, then the derogation shall cease to apply to that Member State.