Commission Decision of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (notified under document number C(2007) 1547) (Text with EEA relevance) (2007/275/EC)

Article 1 Subject matter

This Decision lays down rules regarding the animals and products to be subjected to veterinary checks at border inspection posts on introduction into the Community, in accordance with Directives 91/496/EEC and 97/78/EC.

Article 2 Definitions

For the purposes of this Decision, the following definitions shall apply:

(a)

composite product: a foodstuff intended for human consumption that contains both processed products of animal origin and products of plant origin and includes those where the processing of primary product is an integral part of the production of the final product;

(b)

meat products: products as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004;

(c)

processed products: the processed products listed under point 7 of Annex 1 to Regulation (EC) No 853/2004;

(d)

dairy products: products as defined in point 7.2 of Annex I to Regulation (EC) No 853/2004.

Article 3 Veterinary checks of animals and products listed in Annex I

1. The animals and products listed in Annex I to this Decision shall be subjected to veterinary checks at border inspection posts in accordance with Directives 91/496/EEC and 97/78/EC.

2. This Decision applies without prejudice to the checks on composite products necessary to ensure compliance with Community public health requirements.

3. Initial selection of products for veterinary checks made on the basis of the Combined Nomenclature in Column 1 of the Annex shall be qualified by reference to the specific text or veterinary legislation cited in Column 3.

Article 4 Composite products subject to veterinary checks

The following composite products shall be subject to veterinary checks:

(a)

Composite products containing processed meat product.

(b)

Composite products containing half or more of their substance of any one processed product of animal origin other than processed meat product.

(c)

Composite products containing no processed meat product and less than half of their substance of processed milk product where the final products do not meet the requirements of Article 6.

Article 5 Certification to accompany composite products subject to veterinary checks

Those composite products containing processed meat product shall be accompanied at introduction into the Community by the relevant certificate for meat products laid down in Community legislation, regardless of any other animal product content.

Those composite products referred to in Article 4(b) and 4(c), containing processed milk product, shall be accompanied at introduction into the Community by the relevant certificate laid down in Community legislation.

Composite products containing only processed fishery or egg products of animal origin shall be accompanied at introduction into the Community by the relevant certificate laid down in Community legislation or a commercial document where there is no certificate so required.

Article 6 Derogation for certain composite products and foodstuffs

1. By way of derogation from Article 3, the following composite products or foodstuffs intended for human consumption, not containing any meat products, shall not be subject to veterinary checks:

(a) composite products containing less than half of their substance of any other processed product provided such products are:

(i)

shelf-stable at ambient temperature or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(ii)

clearly identified as intended for human consumption;

(iii)

securely packaged or sealed in clean containers;

(iv)

accompanied by a commercial document and labelled in an official language of a Member State, so that that document and labelling together give information on the nature, quantity and number of packages of the composite products, the country of origin, the manufacturer, and the ingredient;

(b) composite products or foodstuffs listed in Annex II.

2. However, any milk product included in any composite products shall only be derived from, and treated as provided for, countries listed in Annex I to Commission Decision 2004/438/EC(1).

Article 7 Repeal

Decision 2002/349/EC is repealed.

Article 8 Applicability

This Decision shall apply from one month after the date of publication in the Official Journal of the European Union.

Article 9 Addresses

This Decision is addressed to the Member States.

Done at Brussels, 17 April 2007.

For the Commission

Markos Kyprianou

Member of the Commission