Commission Regulation (EU) No 364/2011

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,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^note, and in particular Article 9(2)(b) thereof,Having regard to Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of Salmonella and other specified food-borne zoonotic agents^note, and in particular Article 10(2) thereof,Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs^note, and in particular Articles 23(1) and 26(2) thereof,Whereas:

(1)Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements^note lays down the veterinary certification requirements for imports into and transit through the Union of those commodities. It provides that the commodities covered by that Regulation are only to be imported into and transit through the Union from the third countries, territories, zones or compartments listed in columns 1 and 3 of the table in Part 1 of Annex I thereto.

(2)The definition of eggs set out in point 5.1 of Annex I 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^note does not include cooked eggs while the definition of egg products set out in point 7.3 of Annex I to that Regulation covers cooked eggs. Therefore, the appropriate Harmonised System (HS) code of the World Customs Organisation for cooked eggs, namely 04.07, should also be referred to in the model veterinary certificate for egg products set out in Part 2 of Annex I to Regulation (EC) No 798/2008.

(3)Where egg products covered by HS code 04.07 originating from an area under animal health restrictions are imported into the Union, it is necessary that those products have been subjected to an appropriate treatment for the inactivation of disease agents. For that purpose, certain treatments for egg products recommended in the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) as standards for international trade should be taken into account and be included in the Animal health attestation in Part II of the model veterinary certificate for egg products.

(4)The model veterinary certificate for egg products set out in Part 2 of Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

(5)Regulation (EC) No 2160/2003 lays down rules for the control of Salmonella in different poultry populations in the Union. It provides that admission to or retention on the lists of third countries provided for in Union legislation, for the relevant species or category, from which Member States are authorised to import those animals or hatching eggs covered by that Regulation is subject to the submission to the Commission by the third country concerned of a control programme for Salmonella with equivalent guarantees to those contained in the national control programmes for Salmonella in the Member States.

(6)Commission Regulation (EC) No 1291/2008 of 18 December 2008 concerning the approval of control programmes for Salmonella in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and listing of avian influenza surveillance programmes in certain third countries and amending Annex I to Regulation (EC) No 798/2008^note approves the control programmes submitted by Croatia on 11 March 2008 as regards Salmonella in breeding poultry of Gallus gallus, hatching eggs thereof, laying hens of Gallus gallus, table eggs thereof and day-old chicks of Gallus gallus intended for breeding or laying.

(7)The control programmes submitted by Croatia on 11 March 2008 also provides the guarantees required by Regulation (EC) No 2160/2003 for Salmonella control in all other flocks of Gallus gallus. These programmes should therefore also be approved. Regulation (EC) No 1291/2008 should therefore be amended accordingly.

(8)The entry for Croatia in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should be amended to take account of the approval of the control programmes for Salmonella for all flocks of Gallus gallus.

(9)Commission Decision 2007/843/EC of 11 December 2007 concerning approval of Salmonella control programmes in breeding flocks of Gallus gallus in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and amending Decision 2006/696/EC, as regards certain public health requirements at import of poultry and hatching eggs^note approves the control programme submitted by Tunisia for Salmonella in flocks of breeding hens, in accordance with Regulation (EC) No 2160/2003. In that Decision, as amended by Commission Decision 2011/238/EU^note, the programme submitted by Tunisia has been deleted since that third country has stopped the programme. The entry for Tunisia in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 should be amended to take account of that deletion.

(10)Regulations (EC) No 798/2008 and (EC) No 1291/2008 should therefore be amended accordingly.

(11)Commission Regulation (EU) No 925/2010 of 15 October 2010 amending Decision 2007/777/EC and Regulation (EC) No 798/2008 as regards transit through the Union of poultry meat and poultry meat products from Russia^note contains an obvious error in the entry for Israel (IL-2), in column 7 of the table set out in Annex II to that Regulation, which should be corrected. The corrected Regulation should be applicable as of the date of entry into force of that Regulation.

(12)Commission Regulation (EU) No 955/2010 of 22 October 2010 amending Regulation (EC) No 798/2008 as regards the use of vaccines against Newcastle disease^note contains an error in the veterinary model certificate for meat of poultry (POU) set out in the Annex to that Regulation. The error concerns the entry ‘Treatment type’, which was erroneously, introduced in Part I (Details of dispatched consignment) in box I.28 of that certificate. The entry ‘Treatment type’ is not applicable for meat of poultry and should therefore be deleted from the model certificate. That error should be corrected.

(13)It is appropriate to provide for a transitional period to permit Member States and the industry to take the necessary measures to comply with the applicable veterinary certification requirements following the correction to Regulation (EU) No 955/2010.

(14)Regulations (EU) No 925/2010 and (EU) No 955/2010 should therefore be corrected accordingly.

(15)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 1Amendment to Regulation (EC) No 798/2008#

Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

Article 2Amendment to Regulation (EC) No 1291/2008#

Article 1 of Regulation (EC) No 1291/2008 is replaced by the following:‘Article 1The control programmes submitted by Croatia to the Commission on 11 March 2008 in accordance with Article 10(1) of Regulation (EC) No 2160/2003 are approved as regards Salmonella in all flocks of Gallus gallus.’

Article 3Correction to Regulation (EU) No 925/2010#

In Annex II to Regulation (EU) No 925/2010, in the entry for Israel (IL-2), column 7 is corrected as follows:

(a)in the line for veterinary certificate models ‘BPR, BPP, DOC, DOR, HEP, HER, SRP’, the date ‘1.5.2010’ is replaced by the letter ‘A’;

(b)in the line for veterinary certificate model ‘WGM’, ‘A’ is deleted.

Article 4Correction to Regulation (EU) No 955/2010#

In the Annex to Regulation (EU) No 955/2010, in point (a), in box I.28 of Part I of the model veterinary certificate for meat of poultry (POU), the words ‘Treatment type’ are deleted.

Article 5Entry into force and applicability#

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.It shall apply from 1 May 2011.However, Article 3 shall apply from 5 November 2010 and Article 4 shall apply from 1 July 2011.

(a)Part 1 is amended as follows:

(i)the entry for Croatia is replaced by the following:HR — Croatia | HR-0 | Whole country | SPF | | | | | | |BPR, BPP, DOR, DOC, HEP, HER, SRA, SRP | | N | | | A | | ST0EP, E, POU, RAT, WGM | | N | | | | |

(b)in Part 2, the model veterinary certificate for egg products (EP) is replaced by the following:‘Model veterinary certificate for egg products (EP)Part I: Details of dispatched consignmentCOUNTRYVeterinary certificate to EUI.1. ConsignorNameAddressTel.I.2. Certificate reference NoI.2.a.I.3. Central competent authorityI.4. Local competent authorityI.5. ConsigneeNameAddressPostcodeTel.I.6.I.7. Country of originISO codeI.8. Region of originCodeI.9. Country of destinationISO codeI.10.I.11. Place of originNameApproval numberAddressNameApproval numberAddressNameApproval numberAddressI.12.I.13. Place of loadingI.14. Date of departureI.15. Means of transportAeroplaneShipRailway wagonRoad vehicleOtherIdentificationDocumentation referencesI.16. Entry BIP in the EUI.17.I.18. Description of commodityI.19. Commodity code (HS code)I.20. QuantityI.21. Temperature of productAmbientChilledFrozenI.22. Number of packagesI.23. Seal/Container NoI.24. Type of packagingI.25. Commodities certified for:Human consumptionI.26.I.27. For import or admission into EUI.28. Identification of the commoditiesApproval number of establishmentsSpecies (Scientific name)Nature of commodityManufacturing plantCold storeNet weightPart II: CertificationCOUNTRYEP (egg products)II. Health informationII.a. Certificate reference numberII.b.II.1. Animal health attestationI, the undersigned official veterinarian, hereby certify that the egg products described in this certificate were produced from eggs coming from an establishment which at the date of issue of the certificate is free from highly pathogenic avian influenza as defined in Regulation (EC) No 798/2008 andeither(¹) II.1.1 [within a 10 km radius of which, including, where appropriate, the territory of a neighbouring country, there has been no outbreak of highly pathogenic avian influenza or Newcastle disease for at least the previous 30 days.]or(¹) II.1.2 [the egg products were processed:(¹) either [liquid egg white was treated:(¹) either [with 55,6 °C for 870 seconds.](¹) or [with 56,7 °C for 232 seconds.]](¹) or [10 % salted yolk was treated with 62,2 °C for 138 seconds.](¹) or [dried egg white was treated:(¹) either [with 67 °C for 20 hours.](¹) or [with 54,4 °C for 513 hours.]](¹) or [whole eggs were at least treated:(¹) either [with 60 °C for 188 seconds.](¹) or [completely cooked.]](¹) or [whole egg blends were at least treated:(¹) either [with 60 °C for 188 seconds.](¹) or [with 61,1 °C for 94 seconds.]]]II.2. Public health attestationI, the undersigned, official veterinarian/official inspector declare that I am aware of the relevant provisions of Regulations (EC) No 178/2002, (EC) No 852/2004 and (EC) No 853/2004 and hereby certify that the egg products described in this certificate have been obtained in accordance with those requirements, and in particular that:II.2.1 they come from (an) establishments(s) implementing a programme based on the HACCP principles in accordance with Regulation (EC) No 852/2004;II.2.2 they have been produced from raw material which meets the requirements of Section X, Chapter II (II) of Annex III to Regulation (EC) No 853/2004;II.2.3 they have been manufactured in compliance with the hygiene requirements laid down in Section X, Chapter II (III) of Annex III to Regulation (EC) No 853/2004;II.2.4 they satisfy the analytical specifications in Section X, Chapter II (IV) of Annex III to Regulation (EC) No 853/2004 and the relevant criteria in Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs;II.2.5 they have been marked with an identification mark in accordance with Section I of Annex II and Section X, Chapter II (V) of Annex III to Regulation (EC) No 853/2004;II.2.6 the guarantees covering live animals and products thereof provided by the residue plans submitted in accordance with Directive 96/23/EC, and in particular Article 29 thereof, are fulfilled.COUNTRYEP (egg products)II. Health informationII.a. Certificate reference numberII.b.NotesPart I:Box I.8: provide the code for the zone or the compartment of origin, if necessary, as defined under code of column 2 of Part 1 of Annex I to Regulation (EC) No 798/2008.Box I.11: Name, address and approval number of establishment of dispatch.Box I.15: Indicate the registration number(s) of railway wagons and lorries, the names of ships and, if known, the flight numbers of aircraft. In the case of transport in containers or boxes, the total number of these and their registration and where there is a serial number of the seal it has to be indicated in box I.23.Box I.19: use the appropriate Harmonised System (HS) code the World Customs Organisation: 04.07, 04.08, 35.02 or 21.06.10.Box I.28: Nature of commodity: specify the egg content percentage.Part II:(¹) Keep as appropriate.Official veterinarian or official inspectorName (in capital letters):Qualification and title:Date:Signature:’Stamp:

Annex I to Regulation (EC) No 798/2008 is amended as follows:

Commission Regulation (EU) No 364/2011

Article 1Amendment to Regulation (EC) No 798/2008#

Article 2Amendment to Regulation (EC) No 1291/2008#

Article 3Correction to Regulation (EU) No 925/2010#

Article 4Correction to Regulation (EU) No 955/2010#

Article 5Entry into force and applicability#

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Key facts

Article 1Amendment to Regulation (EC) No 798/2008#

Article 2Amendment to Regulation (EC) No 1291/2008#

Article 3Correction to Regulation (EU) No 925/2010#

Article 4Correction to Regulation (EU) No 955/2010#

Article 5Entry into force and applicability#