Without prejudice to the provisions of Council Directive 85/511/EEC and in particular Articles 5 and 9 thereof, the Netherlands shall ensure that:
1. In accordance with Article 5(1) of Directive 72/461/EEC fresh meat meeting the requirements of Article 3 of Council Directive 64/433/EEC and obtained from animals of the bovine, ovine, caprine and porcine species and fresh meat meeting the requirements of Article 6 of Directive 91/495/EEC and obtained from other biungulates originating in the areas of the Netherlands listed in Annex I of Decision 2001/223/EC and processed after a date to be notified to the Commission and other Member States in accordance with Article 3 is not marked with the health mark provided for in Chapter XI of Annex I of Directive 64/433/EEC or in Chapter III of Annex I of Directive 91/495/EEC.
2. In accordance with Article 6(1)(h) of Directive 64/433/EEC and in line with the provisions in Article 6(3) of Directive 91/495/EEC fresh meat referred to in paragraph 1 is marked with a national stamp which cannot be confused with the Community stamp provided for in Chapter XI of Annex I of that Directive, and in particular is not oval.
3. The model of the health mark referred to in paragraph 2 shall be the one in the Annex. The colour of the health marks shall be one of the colours mentioned in Article 2(8) of Directive 94/36/EC(17) except E129 Allura Red AC.
4. Notwithstanding paragraph 1, and in so far as it is not intended for intra-Community trade, where fresh meat is wrapped in commercial portions intended for direct sale to the consumer, the meat referred to in paragraph 1 may, for a transitional period, carry the mark defined in Chapter XI of Annex I of Directive 64/433/EEC and in Chapter III of Annex I of Directive 91/495/EEC respectively, provided that the special mark referred to in paragraph 2 is applied in addition. The dimension requirements of the Annex need not apply to the mark required under the provisions of this paragraph.
The Netherlands shall ensure that:
1. Meat products meeting the public health requirements of Directive 77/99/EEC and made from fresh meat marked in accordance with Article 1(2) are marked with a national mark which cannot be confused with the Community health mark provided for in Chapter VI of Annex B of that Directive, and in particular is not oval.
By derogation from the first subparagraph, meat products made from fresh meat marked in accordance with Article 1(2) of this Decision and treated in accordance with Article 3(2) of Commission Decision 2001/172/EC may be marked with the health mark provided for in Chapter VI of Annex B of Directive 77/99/EEC and dispatched from the areas in the Netherlands listed in Annex I of Decision 2001/223/EC in accordance with the provisions in Article 3(4), (5) and (6) of Decision 2001/172/EC.
2. The model of the health mark referred to in paragraph 1 first subparagraph shall be the one in the Annex, but the dimension requirements need not apply.
3. Notwithstanding paragraph 1 first subparagraph, and in so far as they are not intended for intra-Community trade, meat products referred to in paragraph 1 first subparagraph may, for a transitional period, carry the health mark provided for in Chapter VI of Annex B of Directive 77/99/EEC, provided that the special mark referred to in paragraph 2 is applied in addition.
The Netherlands shall notify the Commission and other Member States of the date on which marking of fresh meat in accordance with Article 1 will commence and shall not permit the slaughter for human consumption of animals of the bovine, ovine, caprine and porcine species and other biungulates originating from holdings in the areas of the Netherlands listed in Annex I of Decision 2001/223/EC outside protection and surveillance zones as defined in Article 9(1) and (2) of Council Directive 85/511/EEC until that date.
This Decision is addressed to the Member States.
Done at Brussels, 11 April 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 395, 30.12.1989, p. 13.
(4) OJ 121, 29.7.1964, p. 2012/64. Directive updated by Directive 91/497/EEC (OJ L 268, 24.9.1991, p. 69.).
(5) OJ L 243, 11.10.1995, p. 7.
(6) OJ L 26, 31.1.1977, p. 85. Directive updated by Directive 92/5/EEC (OJ L 57, 2.3.1992, p. 1.).
(7) OJ L 10, 16.1.1998, p. 25.
(8) OJ L 82, 22.3.2001, p. 29.
(9) C(2001)1115.
(10) OJ L 315, 26.11.1985, p. 11.
(11) OJ L 302, 31.12.1972, p. 34.
(12) OJ 121, 29.7.1964, p. 1977/64.
(13) OJ L 163, 4.7.2000, p. 35.
(14) OJ L 47, 21.2.1980, p. 4.
(15) OJ L 268, 24.9.1991, p. 41.
(16) OJ L 368, 31.12.1994, p. 10.
(17) OJ L 237, 19.9.1994, p. 13.
ANNEXSupplementary provisions
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