Pending: 32005D0363

January 16, 2026
5.5.2005 EN Official Journal of the European Union L 118/39
(1) Commission Decision 2003/514/EC of 10 July 2003 concerning health protection measures against African swine fever in Sardinia, Italy(4)was adopted in response to the presence of African swine fever in the province of Nuoro, Sardinia, Italy.
(2) In 2004, a serious recrudescence of African swine fever occurred in Sardinia. African swine fever must still be considered an endemic disease in the domestic and feral pig population of the province of Nuoro. Some outbreaks of that disease in domestic pigs have, however, also been notified in other provinces of Sardinia.
(3) The disease situation is liable to endanger the pig herds in other regions of Italy and in other Member States, in view of trade in live pigs, pig semen, ova and embryos and pig meat, pig meat products and other products containing pig meat.
(4) Italy has taken measures to combat African swine fever in Sardinia within the framework of Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(5).
(5) Italy has reviewed the measures taken so far to combat the disease in the light of the recrudescence of the disease in 2004.
(6) Commission Decision 2005/362/EC of 2 May 2005 approving the plan for the eradication of African swine fever in feral pigs in Sardina, Italy(6)was adopted in order to approve the plan for the eradication of African swine fever in feral pigs submitted by Italy.
(7) In the light of the current epidemiological situation, it is appropriate to apply further Community measures to the whole territory of Sardinia as regards the movement of live pigs and pig semen, ova and embryos and the dispatch of pig meat, pig meat products and products containing pig meat.
(8) It is appropriate to provide for certain derogations from the measures provided for in this Decision for pig meat originating from pigs which have entered Sardinia as pigs for slaughter in accordance with Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(7)or Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(8)or Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC(9)or that satisfies certain requirements of this Decision.
(9) It is also appropriate to provide for certain derogations for pig meat products and other products containing pig meat obtained from meat that entered Sardinia as fresh pig meat in accordance with Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat(10)or in accordance with Directive 2002/99/EC or that comply with Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin(11)or that satisfy certain requirements of this Decision.
(10) In order to ensure that pig meat, pig meat products and other products containing pig meat, not fulfilling certain animal health requirements are not dispatched from Sardinia and to ensure the traceability of such pig meat and products, the pig meat should be specially marked. These special marks must be such that they cannot be confused with the oval stamp for pig meat provided for in point 50 of Chapter XI of Annex I to Directive 64/433/EEC, or after its date of application the health mark in accordance with Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(12), and with the oval stamp for pig meat products and other products containing pig meat provided for in point 4 of Chapter VI of Annex B to Directive 77/99/EEC, or after its date of application the identification mark in accordance with 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(13).
(11) Decision 2003/514/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) the movement of live pigs, pig semen, ova and embryos and the dispatch of pig meat, pig meat products and any other products containing pig meat originating from Sardinia; and
(b) the marking of pig meat, pig meat products or any other products containing pig meat in Sardinia.
(a) ‘pig’ as defined in Article 2(a) of Directive 2002/60/EC;
(b) ‘pig meat’ means all parts of pigs which are suitable for human consumption;
(c) ‘pig meat products’ means processed products resulting from the processing of pig meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;
(d) ‘other products containing pig meat’ means products for human consumption containing pig meat or pig meat products.
(a) the movement of live pigs from Sardinia;
(b) the movement of pig semen, ova and embryos from Sardinia; and
(c) the dispatch of pig meat, pig meat products and any other products containing pig meat from Sardinia.
(a) either from pigs:(i)which have entered Sardinia as pigs for slaughter in accordance with Directive 64/432/EEC or Directive 72/462/EEC or Directive 2004/68/EC; and(ii)which comply with the conditions set out in Annex II(A); (i) which have entered Sardinia as pigs for slaughter in accordance with Directive 64/432/EEC or Directive 72/462/EEC or Directive 2004/68/EC; and (ii) which comply with the conditions set out in Annex II(A);
(i) which have entered Sardinia as pigs for slaughter in accordance with Directive 64/432/EEC or Directive 72/462/EEC or Directive 2004/68/EC; and
(ii) which comply with the conditions set out in Annex II(A);
(i) which have entered Sardinia as pigs for slaughter in accordance with Directive 64/432/EEC or Directive 72/462/EEC or Directive 2004/68/EC; and
(ii) which comply with the conditions set out in Annex II(A);
(b) or from pigs:(i)which have been kept for at least four months before the date of transport to the slaughterhouse on the holding of origin in Sardinia which must be located outside the areas listed in Annex I; and(ii)which comply with the conditions set out in Annex II. (i) which have been kept for at least four months before the date of transport to the slaughterhouse on the holding of origin in Sardinia which must be located outside the areas listed in Annex I; and (ii) which comply with the conditions set out in Annex II.
(i) which have been kept for at least four months before the date of transport to the slaughterhouse on the holding of origin in Sardinia which must be located outside the areas listed in Annex I; and
(ii) which comply with the conditions set out in Annex II.
(i) which have been kept for at least four months before the date of transport to the slaughterhouse on the holding of origin in Sardinia which must be located outside the areas listed in Annex I; and
(ii) which comply with the conditions set out in Annex II.
(a) which are approved for that purpose by the competent authority; and
(b) in which the pig meat is produced, stored or processed separately from other meat not complying with paragraph 2.
(a) subjected to veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and
(b) be accompanied when leaving Sardinia by the intra trade certificate laid down in Commission Regulation (EC) No 599/2004(14)completed with the specific sanitary requirement set out in Annex III to this Decision.
(a) be obtained from meat that has entered Sardinia as fresh pig meat in accordance with Directive 64/433/EEC or Directive 2002/99/EC; or
(b) be obtained from pig meat that complies with Article 5 of this Decision; or
(c) comply with Article 4(1) of Directive 2002/99/EC and have undergone a treatment that is effectively recognised to eliminate the African swine fever virus as set out in Annex III to that Directive
(a) which are approved for that purpose by the competent authority; and
(b) in which only products complying with paragraph 2 are produced, stored or processed.
(a) subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and
(b) be accompanied when leaving Sardinia by the intra trade certificate laid down by Regulation (EC) No 599/2004 completed with the specific sanitary requirement set out in Annex IV to this Decision.
(a) the updated list of the approved establishments referred to in Articles 5(3) and 6(3); and
(b) the list of all consignments of pig meat, pig meat products and any other products containing pig meat that have been certified as provided for in Articles 5(4) and 6(4); and
(c) any relevant information on the application of this Decision.
(a) In the province of Nuoro: the whole territory.
(b) In the province of Sassari: the territory of the municipalities of Ala’ dei Sardi, Anela, Banari, Benetutti, Bessude, Bonnanaro, Bono, Bonorva, Borutta, Bottidda, Budduso’, Bultei, Burgos, Cheremule, Cossoine, Esporlatu, Giave, Illorai, Ittireddu, Mores, Nughedu di San Nicolo’, Nule, Pattada, Siligo, Thiesi and Torralba.
1. The holding of origin of the pigs referred to in Article 5(2)(b) shall comply with the following:(a)be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);(b)be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly;(c)no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);(d)be approved by the competent veterinary authority for the purpose in this point. (a) be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b); (b) be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly; (c) no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b); (d) be approved by the competent veterinary authority for the purpose in this point.
(a) be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);
(b) be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly;
(c) no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);
(d) be approved by the competent veterinary authority for the purpose in this point.
(a) be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);
(b) be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly;
(c) no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);
(d) be approved by the competent veterinary authority for the purpose in this point.
2. The pigs referred to in Article 5(2)(b) shall be transported from the holding of origin referred to in point 1 of this Section to a slaughterhouse subject to the following conditions:(a)an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);(b)the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC;(c)the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport;(d)the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival. (a) an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); (i) the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and (ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); (b) the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC; (c) the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport; (d) the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival.
(a) an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); (i) the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and (ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(i) the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and
(ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(b) the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC;
(c) the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport;
(d) the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival.
(a) an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); (i) the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and (ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(i) the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and
(ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(i) the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and
(ii) a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(b) the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC;
(c) the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport;
(d) the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival.
3. Duringanteandpost morteminspection carried out at the slaughterhouse, the competent authority takes into account any signs of the presence of African swine fever.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(3), and in particular Article 4(3) thereof,
(1) Commission Decision 2003/514/EC of 10 July 2003 concerning health protection measures against African swine fever in Sardinia, Italy(4)was adopted in response to the presence of African swine fever in the province of Nuoro, Sardinia, Italy.
(2) In 2004, a serious recrudescence of African swine fever occurred in Sardinia. African swine fever must still be considered an endemic disease in the domestic and feral pig population of the province of Nuoro. Some outbreaks of that disease in domestic pigs have, however, also been notified in other provinces of Sardinia.
(3) The disease situation is liable to endanger the pig herds in other regions of Italy and in other Member States, in view of trade in live pigs, pig semen, ova and embryos and pig meat, pig meat products and other products containing pig meat.
(4) Italy has taken measures to combat African swine fever in Sardinia within the framework of Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(5).
(5) Italy has reviewed the measures taken so far to combat the disease in the light of the recrudescence of the disease in 2004.
(6) Commission Decision 2005/362/EC of 2 May 2005 approving the plan for the eradication of African swine fever in feral pigs in Sardina, Italy(6)was adopted in order to approve the plan for the eradication of African swine fever in feral pigs submitted by Italy.
(7) In the light of the current epidemiological situation, it is appropriate to apply further Community measures to the whole territory of Sardinia as regards the movement of live pigs and pig semen, ova and embryos and the dispatch of pig meat, pig meat products and products containing pig meat.
(8) It is appropriate to provide for certain derogations from the measures provided for in this Decision for pig meat originating from pigs which have entered Sardinia as pigs for slaughter in accordance with Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(7)or Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(8)or Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC(9)or that satisfies certain requirements of this Decision.
(9) It is also appropriate to provide for certain derogations for pig meat products and other products containing pig meat obtained from meat that entered Sardinia as fresh pig meat in accordance with Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat(10)or in accordance with Directive 2002/99/EC or that comply with Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin(11)or that satisfy certain requirements of this Decision.
(10) In order to ensure that pig meat, pig meat products and other products containing pig meat, not fulfilling certain animal health requirements are not dispatched from Sardinia and to ensure the traceability of such pig meat and products, the pig meat should be specially marked. These special marks must be such that they cannot be confused with the oval stamp for pig meat provided for in point 50 of Chapter XI of Annex I to Directive 64/433/EEC, or after its date of application the health mark in accordance with Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(12), and with the oval stamp for pig meat products and other products containing pig meat provided for in point 4 of Chapter VI of Annex B to Directive 77/99/EEC, or after its date of application the identification mark in accordance with 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(13).
(11) Decision 2003/514/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter and scope
Article 1
This Decision lays down animal health rules on:
(a)
the movement of live pigs, pig semen, ova and embryos and the dispatch of pig meat, pig meat products and any other products containing pig meat originating from Sardinia; and
(b)
the marking of pig meat, pig meat products or any other products containing pig meat in Sardinia.

Definitions
Article 2
For the purpose of this Decision, the following definitions shall apply:
(a)
‘pig’ as defined in Article 2(a) of Directive 2002/60/EC;
(b)
‘pig meat’ means all parts of pigs which are suitable for human consumption;
(c)
‘pig meat products’ means processed products resulting from the processing of pig meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;
(d)
‘other products containing pig meat’ means products for human consumption containing pig meat or pig meat products.

Prohibition on the movement of live pigs, pig semen, ova and embryos and on the dispatch of pig meat, pig meat products and any other products containing pig meat from Sardinia
Article 3
Italy shall prohibit the following:
(a)
the movement of live pigs from Sardinia;
(b)
the movement of pig semen, ova and embryos from Sardinia; and
(c)
the dispatch of pig meat, pig meat products and any other products containing pig meat from Sardinia.

Special marking of pig meat, pig meat products and any other products containing pig meat in Sardinia
Article 4
Italy shall ensure that the pig meat, pig meat products and any other products containing pig meat originating from pigs slaughtered in Sardinia are marked with a special health or identification mark which cannot be confused with the Community stamp and shall, in particular, not be oval.

Derogation from Articles 3 and 4 as regards pig meat
Article 5
1. By way of derogation from Article 3(c), Italy may authorise the dispatch of pig meat from Sardinia to areas outside Sardinia if the conditions provided for in paragraphs 2 to 5 of this Article are fulfilled.
2. The pig meat must originate:
(a)
either from pigs:
(i)
which have entered Sardinia as pigs for slaughter in accordance with Directive 64/432/EEC or Directive 72/462/EEC or Directive 2004/68/EC; and
(ii)
which comply with the conditions set out in Annex II(A);
(b)
or from pigs:
(i)
which have been kept for at least four months before the date of transport to the slaughterhouse on the holding of origin in Sardinia which must be located outside the areas listed in Annex I; and
(ii)
which comply with the conditions set out in Annex II.
3. The pig meat shall be produced, stored and processed in establishments:
(a)
which are approved for that purpose by the competent authority; and
(b)
in which the pig meat is produced, stored or processed separately from other meat not complying with paragraph 2.
4. By way of derogation from Article 4 of this Decision, the pig meat must be marked with the oval stamp provided for in point 50 of Chapter XI of Annex I to Directive 64/433/EEC or, after its date of application, with the health mark in accordance with Regulation (EC) No 854/2004.
5. The pig meat shall be:
(a)
subjected to veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and
(b)
be accompanied when leaving Sardinia by the intra trade certificate laid down in Commission Regulation (EC) No 599/2004(14)completed with the specific sanitary requirement set out in Annex III to this Decision.

Derogation from Articles 3 and 4 as regards pig meat products and any other products containing pig meat
Article 6
1. By way of derogation from point (c) of Article 3, Italy may authorise the dispatch of pig meat products and any other products containing pig meat from Sardinia to areas outside Sardinia if the conditions provided for in paragraphs 2 to 5 of this Article are fulfilled.
2. The products must either:
(a)
be obtained from meat that has entered Sardinia as fresh pig meat in accordance with Directive 64/433/EEC or Directive 2002/99/EC; or
(b)
be obtained from pig meat that complies with Article 5 of this Decision; or
(c)
comply with Article 4(1) of Directive 2002/99/EC and have undergone a treatment that is effectively recognised to eliminate the African swine fever virus as set out in Annex III to that Directive
3. The products shall be produced, stored and processed in establishments:
(a)
which are approved for that purpose by the competent authority; and
(b)
in which only products complying with paragraph 2 are produced, stored or processed.
4. By way of derogation from Article 4, the products must be marked with the oval stamp provided for in point 4 of Chapter VI of Annex B to Directive 77/99/EEC or, after its date of application, with the identification mark in accordance with Regulation (EC) No 853/2004.
5. The products shall be:
(a)
subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and
(b)
be accompanied when leaving Sardinia by the intra trade certificate laid down by Regulation (EC) No 599/2004 completed with the specific sanitary requirement set out in Annex IV to this Decision.

Communication to the Commission and the other Member States
Article 7
Italy shall communicate to the Commission and the other Member States, every six months from the date of Decision, the following:
(a)
the updated list of the approved establishments referred to in Articles 5(3) and 6(3); and
(b)
the list of all consignments of pig meat, pig meat products and any other products containing pig meat that have been certified as provided for in Articles 5(4) and 6(4); and
(c)
any relevant information on the application of this Decision.

Repeal
Article 8
Decision 2003/514/EC is repealed.

Addressees
Article 9
This Decision is addressed to the Member States.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(2), and in particular Article 10(4) thereof,
Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(3), and in particular Article 4(3) thereof,
(1) Commission Decision 2003/514/EC of 10 July 2003 concerning health protection measures against African swine fever in Sardinia, Italy(4)was adopted in response to the presence of African swine fever in the province of Nuoro, Sardinia, Italy.
(2) In 2004, a serious recrudescence of African swine fever occurred in Sardinia. African swine fever must still be considered an endemic disease in the domestic and feral pig population of the province of Nuoro. Some outbreaks of that disease in domestic pigs have, however, also been notified in other provinces of Sardinia.
(3) The disease situation is liable to endanger the pig herds in other regions of Italy and in other Member States, in view of trade in live pigs, pig semen, ova and embryos and pig meat, pig meat products and other products containing pig meat.
(4) Italy has taken measures to combat African swine fever in Sardinia within the framework of Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(5).
(5) Italy has reviewed the measures taken so far to combat the disease in the light of the recrudescence of the disease in 2004.
(6) Commission Decision 2005/362/EC of 2 May 2005 approving the plan for the eradication of African swine fever in feral pigs in Sardina, Italy(6)was adopted in order to approve the plan for the eradication of African swine fever in feral pigs submitted by Italy.
(7) In the light of the current epidemiological situation, it is appropriate to apply further Community measures to the whole territory of Sardinia as regards the movement of live pigs and pig semen, ova and embryos and the dispatch of pig meat, pig meat products and products containing pig meat.
(8) It is appropriate to provide for certain derogations from the measures provided for in this Decision for pig meat originating from pigs which have entered Sardinia as pigs for slaughter in accordance with Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(7)or Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(8)or Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC(9)or that satisfies certain requirements of this Decision.
(9) It is also appropriate to provide for certain derogations for pig meat products and other products containing pig meat obtained from meat that entered Sardinia as fresh pig meat in accordance with Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat(10)or in accordance with Directive 2002/99/EC or that comply with Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin(11)or that satisfy certain requirements of this Decision.
(10) In order to ensure that pig meat, pig meat products and other products containing pig meat, not fulfilling certain animal health requirements are not dispatched from Sardinia and to ensure the traceability of such pig meat and products, the pig meat should be specially marked. These special marks must be such that they cannot be confused with the oval stamp for pig meat provided for in point 50 of Chapter XI of Annex I to Directive 64/433/EEC, or after its date of application the health mark in accordance with Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(12), and with the oval stamp for pig meat products and other products containing pig meat provided for in point 4 of Chapter VI of Annex B to Directive 77/99/EEC, or after its date of application the identification mark in accordance with 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(13).
(11) Decision 2003/514/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter and scope

This Decision lays down animal health rules on:
(a)
the movement of live pigs, pig semen, ova and embryos and the dispatch of pig meat, pig meat products and any other products containing pig meat originating from Sardinia; and
(b)
the marking of pig meat, pig meat products or any other products containing pig meat in Sardinia.

Definitions

For the purpose of this Decision, the following definitions shall apply:
(a)
‘pig’ as defined in Article 2(a) of Directive 2002/60/EC;
(b)
‘pig meat’ means all parts of pigs which are suitable for human consumption;
(c)
‘pig meat products’ means processed products resulting from the processing of pig meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;
(d)
‘other products containing pig meat’ means products for human consumption containing pig meat or pig meat products.

Prohibition on the movement of live pigs, pig semen, ova and embryos and on the dispatch of pig meat, pig meat products and any other products containing pig meat from Sardinia

Italy shall prohibit the following:
(a)
the movement of live pigs from Sardinia;
(b)
the movement of pig semen, ova and embryos from Sardinia; and
(c)
the dispatch of pig meat, pig meat products and any other products containing pig meat from Sardinia.

Special marking of pig meat, pig meat products and any other products containing pig meat in Sardinia

Italy shall ensure that the pig meat, pig meat products and any other products containing pig meat originating from pigs slaughtered in Sardinia are marked with a special health or identification mark which cannot be confused with the Community stamp and shall, in particular, not be oval.

Derogation from Articles 3 and 4 as regards pig meat

1. By way of derogation from Article 3(c), Italy may authorise the dispatch of pig meat from Sardinia to areas outside Sardinia if the conditions provided for in paragraphs 2 to 5 of this Article are fulfilled.
2. The pig meat must originate:
(a)
either from pigs:
(i)
which have entered Sardinia as pigs for slaughter in accordance with Directive 64/432/EEC or Directive 72/462/EEC or Directive 2004/68/EC; and
(ii)
which comply with the conditions set out in Annex II(A);
(b)
or from pigs:
(i)
which have been kept for at least four months before the date of transport to the slaughterhouse on the holding of origin in Sardinia which must be located outside the areas listed in Annex I; and
(ii)
which comply with the conditions set out in Annex II.
3. The pig meat shall be produced, stored and processed in establishments:
(a)
which are approved for that purpose by the competent authority; and
(b)
in which the pig meat is produced, stored or processed separately from other meat not complying with paragraph 2.
4. By way of derogation from Article 4 of this Decision, the pig meat must be marked with the oval stamp provided for in point 50 of Chapter XI of Annex I to Directive 64/433/EEC or, after its date of application, with the health mark in accordance with Regulation (EC) No 854/2004.
5. The pig meat shall be:
(a)
subjected to veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and
(b)
be accompanied when leaving Sardinia by the intra trade certificate laid down in Commission Regulation (EC) No 599/2004(14)completed with the specific sanitary requirement set out in Annex III to this Decision.

Derogation from Articles 3 and 4 as regards pig meat products and any other products containing pig meat

1. By way of derogation from point (c) of Article 3, Italy may authorise the dispatch of pig meat products and any other products containing pig meat from Sardinia to areas outside Sardinia if the conditions provided for in paragraphs 2 to 5 of this Article are fulfilled.
2. The products must either:
(a)
be obtained from meat that has entered Sardinia as fresh pig meat in accordance with Directive 64/433/EEC or Directive 2002/99/EC; or
(b)
be obtained from pig meat that complies with Article 5 of this Decision; or
(c)
comply with Article 4(1) of Directive 2002/99/EC and have undergone a treatment that is effectively recognised to eliminate the African swine fever virus as set out in Annex III to that Directive
3. The products shall be produced, stored and processed in establishments:
(a)
which are approved for that purpose by the competent authority; and
(b)
in which only products complying with paragraph 2 are produced, stored or processed.
4. By way of derogation from Article 4, the products must be marked with the oval stamp provided for in point 4 of Chapter VI of Annex B to Directive 77/99/EEC or, after its date of application, with the identification mark in accordance with Regulation (EC) No 853/2004.
5. The products shall be:
(a)
subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC; and
(b)
be accompanied when leaving Sardinia by the intra trade certificate laid down by Regulation (EC) No 599/2004 completed with the specific sanitary requirement set out in Annex IV to this Decision.

Communication to the Commission and the other Member States

Italy shall communicate to the Commission and the other Member States, every six months from the date of Decision, the following:
(a)
the updated list of the approved establishments referred to in Articles 5(3) and 6(3); and
(b)
the list of all consignments of pig meat, pig meat products and any other products containing pig meat that have been certified as provided for in Articles 5(4) and 6(4); and
(c)
any relevant information on the application of this Decision.

Repeal

Decision 2003/514/EC is repealed.

Addressees

This Decision is addressed to the Member States.

Areas of Sardinia as referred to in point (b)(i) of Article 5(2)

ANNEX I
| (a) | In the province of Nuoro: the whole territory.
| (b) | In the province of Sassari: the territory of the municipalities of Ala’ dei Sardi, Anela, Banari, Benetutti, Bessude, Bonnanaro, Bono, Bonorva, Borutta, Bottidda, Budduso’, Bultei, Burgos, Cheremule, Cossoine, Esporlatu, Giave, Illorai, Ittireddu, Mores, Nughedu di San Nicolo’, Nule, Pattada, Siligo, Thiesi and Torralba.

Conditions as referred to in Article 5(2)

ANNEX IISection AGeneral provisions for pigs referred to Article 5(2)(a) and (b)On arrival at the slaughterhouse, the pigs referred to in Article 5(2)(a) and (b) are kept and slaughtered separately from other pigs, not complying with the provisions of Article 5(2) so that any direct or indirect contact is prevented.
Section BSpecific provisions for pigs referred to in Article 5(2)(b)
| 1. | The holding of origin of the pigs referred to in Article 5(2)(b) shall comply with the following:(a)be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);(b)be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly;(c)no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);(d)be approved by the competent veterinary authority for the purpose in this point. | (a) | be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b); | (b) | be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly; | (c) | no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b); | (d) | be approved by the competent veterinary authority for the purpose in this point.
(a) | be located at least 10 km distant from any outbreak of African swine fever which has occurred in the three months prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);
(b) | be located in a province where a plan for the surveillance and prevention of African swine fever is in place under the supervision of the competent authority and where monitoring and prevention measures have been regularly applied accordingly;
(c) | no pigs have been introduced into the holding during the 30 days prior to the date of transport to the slaughterhouse of the pigs referred to in Article 5(2)(b);
(d) | be approved by the competent veterinary authority for the purpose in this point.
| 2. | The pigs referred to in Article 5(2)(b) shall be transported from the holding of origin referred to in point 1 of this Section to a slaughterhouse subject to the following conditions:(a)an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);(b)the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC;(c)the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport;(d)the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival. | (a) | an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); | (i) | the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and | (ii) | a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); | (b) | the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC; | (c) | the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport; | (d) | the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival.
(a) | an official veterinarian has carried out the following:(i)the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and(ii)a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2); | (i) | the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and | (ii) | a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(i) | the checking and sampling procedures set out in Chapter IV, D of the Annex to Commission Decision 2003/422/EC(1); the derogation on the sampling of the pigs set out in point 6 of that Chapter IV, D shall applymutatis mutandis; and
(ii) | a check of the register and the pig identification marks provided for in Articles 4 and 5 of Council Directive 92/102/EEC(2);
(b) | the checking and sampling procedures referred to in point (a) have shown no evidence of African swine fever and the check referred to in that point shows compliance with Articles 4 and 5 of Directive 92/102/EEC;
(c) | the vehicles used for the transport of the pigs referred to in Article 5(2)(b) were cleansed and disinfected in accordance with Article 12 of Directive 2002/60/EC and sealed by the competent authority prior to the transport;
(d) | the competent authority responsible for the slaughterhouse is informed of the intention to send the pigs referred to in Article 5(2)(b) and that authority notifies the competent authority responsible for the holding of origin of their arrival.
| 3. | Duringanteandpost morteminspection carried out at the slaughterhouse, the competent authority takes into account any signs of the presence of African swine fever.
(1)
OJ L 143, 11.6.2003, p. 35.
(2)
OJ L 355, 5.12.1992, p. 32.
ANNEX IIIto Commission Decision 2005/363/EC

II. Health information
II.a. Certificate reference number
II.b. Local reference number
I, the undersigned official veterinarian, certify that the meat described above
Animal health attestation:
was obtained in a slaughterhouse situated in a restricted region or area of (name), due to (name of the disease) according to the Decision (number)
and conforms to the requirement of Article(s) of this Decision.
Official veterinarian or official inspector
Name (in capitals)
Qualification and title
Local Veterinary Unit
No of the related LVU
Date
Signature
Stamp
Part II: Certification
EUROPEAN COMMUNITY Fresh meat restricted area

ANNEX IVto Commission Decision 2005/363/EC

II. Health information
II.a. Certificate reference number
II.b. Local reference number
I, the undersigned official veterinarian, certify that the meat described above
Animal health attestation:
were obtained in an establishment situated in a restricted region or area of (name), due to (name of the disease) according to the Decision (number)
and conforms to the requirement of Article(s) of this Decision.
Official veterinarian or official inspector
Name (in capitals)
Qualification and title
Local Veterinary Unit
No of the related LVU
Date
Signature
Stamp
Part II: Certification
EUROPEAN COMMUNITY Meat products restricted area

Pending: 32005D0362

January 16, 2026
5.5.2005 EN Official Journal of the European Union L 118/37
(1) African swine fever is present in feral pigs in the province of Nuoro, Sardinia, Italy.
(2) In 2004 a serious recrudescence of the disease has occurred in Sardinia. Italy has in relation with this recrudescence reviewed the measures so far taken to eradicate the disease, in the frame work of Directive 2002/60/EC.
(3) In relation to this recrudescence, the Commission has reviewed the measures adopted at Community level in relation to African swine fever in Sardinia and has adopted Commission Decision 2005/363/EC of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy(2).
(4) Pursuant to Directive 2002/60/EC, Italy has submitted for approval a plan for the eradication of African swine fever in feral pigs in the region of Sardinia, that also includes measures to prevent spread of disease in domestic pigs.
(5) The plan submitted identifies zones in Sardinia which pose a different level of risk in relation to African swine fever and where different disease surveillance and control measures should be introduced.
(6) The plan for the eradication of African swine fever in feral pigs, as submitted by Italy, has been examined and found to comply with Directive 2002/60/EC.
(7) For the sake of transparency it is appropriate to set out in this Decision the geographical areas where the eradication plan is to be implemented.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) The whole territory of the province of Nuoro excluding the area as referred to in point A.
(b) In the province of Sassari, the territory of the municipalities of Ala’ dei Sardi, Anela, Banari, Benetutti, Bessude, Bonnanaro, Bono, Bonorva, Borutta, Bottidda, Budduso’, Bultei, Burgos, Cheremule, Cossoine, Esporlatu, Giave, Illorai, Ittireddu, Mores, Nughedu di San Nicolo’, Nule, Pattada, Siligo, Thiesi and Torralba.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(1)and in particular Article 16(1) thereof,
(1) African swine fever is present in feral pigs in the province of Nuoro, Sardinia, Italy.
(2) In 2004 a serious recrudescence of the disease has occurred in Sardinia. Italy has in relation with this recrudescence reviewed the measures so far taken to eradicate the disease, in the frame work of Directive 2002/60/EC.
(3) In relation to this recrudescence, the Commission has reviewed the measures adopted at Community level in relation to African swine fever in Sardinia and has adopted Commission Decision 2005/363/EC of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy(2).
(4) Pursuant to Directive 2002/60/EC, Italy has submitted for approval a plan for the eradication of African swine fever in feral pigs in the region of Sardinia, that also includes measures to prevent spread of disease in domestic pigs.
(5) The plan submitted identifies zones in Sardinia which pose a different level of risk in relation to African swine fever and where different disease surveillance and control measures should be introduced.
(6) The plan for the eradication of African swine fever in feral pigs, as submitted by Italy, has been examined and found to comply with Directive 2002/60/EC.
(7) For the sake of transparency it is appropriate to set out in this Decision the geographical areas where the eradication plan is to be implemented.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
The plan submitted by Italy for the eradication of African swine fever in feral pigs in the area as set out in the Annex is approved.

Article 2
Italy shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 3
This Decision is addressed to the Italian Republic.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever(1)and in particular Article 16(1) thereof,
(1) African swine fever is present in feral pigs in the province of Nuoro, Sardinia, Italy.
(2) In 2004 a serious recrudescence of the disease has occurred in Sardinia. Italy has in relation with this recrudescence reviewed the measures so far taken to eradicate the disease, in the frame work of Directive 2002/60/EC.
(3) In relation to this recrudescence, the Commission has reviewed the measures adopted at Community level in relation to African swine fever in Sardinia and has adopted Commission Decision 2005/363/EC of 2 May 2005 concerning animal health protection measures against African swine fever in Sardinia, Italy(2).
(4) Pursuant to Directive 2002/60/EC, Italy has submitted for approval a plan for the eradication of African swine fever in feral pigs in the region of Sardinia, that also includes measures to prevent spread of disease in domestic pigs.
(5) The plan submitted identifies zones in Sardinia which pose a different level of risk in relation to African swine fever and where different disease surveillance and control measures should be introduced.
(6) The plan for the eradication of African swine fever in feral pigs, as submitted by Italy, has been examined and found to comply with Directive 2002/60/EC.
(7) For the sake of transparency it is appropriate to set out in this Decision the geographical areas where the eradication plan is to be implemented.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
The plan submitted by Italy for the eradication of African swine fever in feral pigs in the area as set out in the Annex is approved.
Italy shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.
This Decision is addressed to the Italian Republic.

Areas where the eradication plan is to be implemented in the region of Sardinia, Italy

ANNEXA. Infected zoneThe territory of the zone named Montarbu in the province of Nuoro located on part of the territory of the municipalities of Arzana, Gairo, Osini, Seui and Ussassai.
B. High risk area
| (a) | The whole territory of the province of Nuoro excluding the area as referred to in point A.
| (b) | In the province of Sassari, the territory of the municipalities of Ala’ dei Sardi, Anela, Banari, Benetutti, Bessude, Bonnanaro, Bono, Bonorva, Borutta, Bottidda, Budduso’, Bultei, Burgos, Cheremule, Cossoine, Esporlatu, Giave, Illorai, Ittireddu, Mores, Nughedu di San Nicolo’, Nule, Pattada, Siligo, Thiesi and Torralba.C. Surveillance zoneThe territory of the region of Sardinia excluding the areas as referred to in points A and B.

Pending: 32005D0307

January 16, 2026
16.4.2005 EN Official Journal of the European Union L 98/42
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of Latvia has requested the Commission to authorise one method for grading pig carcases and has submitted the results of its dissection trial which was executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising this grading method are fulfilled.
(4) In Latvia commercial practice may require that the head, the hind feet and the tail are removed from the pig carcase. This should be taken into account in adjusting the weight for standard presentation.
(5) No modification of the apparatus or the grading method may be authorised except by means of a new Commission Decision adopted in the light of experience gained. For this reason, the present authorisation may be revoked.
(6) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
— 7,61 % for the missing head
— 1,61 % for the missing hind feet
— 0,11 % for the missing tail.
1. Grading of pig carcases shall be carried out by means of the apparatus termed ‘Intrascope (Optical Probe)’.
2. The apparatus shall be equipped with a hexagonal-shaped probe of a maximum width of 12 millimetres (and of 19 millimetres at the blade at the top of the probe) containing a viewing window and a light source, a sliding barrel calibrated in millimetres, and having an operating distance of between 3 and 45 millimetres.
3. The lean meat content of the carcase shall be calculated according to the following formula:= 65,073 – 0,686XWhere:=the estimated percentage of lean meat in the carcase,x=the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.The formula shall be valid for carcases weighing between 55 and 120 kilograms. = the estimated percentage of lean meat in the carcase, x = the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.
= the estimated percentage of lean meat in the carcase,
x = the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.
= the estimated percentage of lean meat in the carcase,
x = the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases(1), and in particular Article 5(2) thereof,
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of Latvia has requested the Commission to authorise one method for grading pig carcases and has submitted the results of its dissection trial which was executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising this grading method are fulfilled.
(4) In Latvia commercial practice may require that the head, the hind feet and the tail are removed from the pig carcase. This should be taken into account in adjusting the weight for standard presentation.
(5) No modification of the apparatus or the grading method may be authorised except by means of a new Commission Decision adopted in the light of experience gained. For this reason, the present authorisation may be revoked.
(6) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:

Article 1
The use of the apparatus termed ‘Intrascope (Optical Probe)’ and assessment methods related thereto, details of which are given in the Annex, is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Latvia.

Article 2
Notwithstanding the standard presentation referred to in Article 2 of Regulation (EEC) No 3220/84, pig carcases may be presented in Latvia without the head, the hind feet and the tail before being weighed and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be increased by:
—
7,61 % for the missing head
—
1,61 % for the missing hind feet
—
0,11 % for the missing tail.

Article 3
Modifications of the apparatus or the assessment method shall not be authorised.

Article 4
This Decision is addressed to the Republic of Latvia.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases(1), and in particular Article 5(2) thereof,
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of Latvia has requested the Commission to authorise one method for grading pig carcases and has submitted the results of its dissection trial which was executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising this grading method are fulfilled.
(4) In Latvia commercial practice may require that the head, the hind feet and the tail are removed from the pig carcase. This should be taken into account in adjusting the weight for standard presentation.
(5) No modification of the apparatus or the grading method may be authorised except by means of a new Commission Decision adopted in the light of experience gained. For this reason, the present authorisation may be revoked.
(6) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:
The use of the apparatus termed ‘Intrascope (Optical Probe)’ and assessment methods related thereto, details of which are given in the Annex, is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Latvia.
Notwithstanding the standard presentation referred to in Article 2 of Regulation (EEC) No 3220/84, pig carcases may be presented in Latvia without the head, the hind feet and the tail before being weighed and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be increased by:
—
7,61 % for the missing head
—
1,61 % for the missing hind feet
—
0,11 % for the missing tail.
Modifications of the apparatus or the assessment method shall not be authorised.
This Decision is addressed to the Republic of Latvia.

METHODS FOR GRADING PIG CARCASES IN LATVIA

ANNEXIntrascope (Optical Probe)
| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Intrascope (Optical Probe)’.
| 2. | The apparatus shall be equipped with a hexagonal-shaped probe of a maximum width of 12 millimetres (and of 19 millimetres at the blade at the top of the probe) containing a viewing window and a light source, a sliding barrel calibrated in millimetres, and having an operating distance of between 3 and 45 millimetres.
| 3. | The lean meat content of the carcase shall be calculated according to the following formula:= 65,073 – 0,686XWhere:=the estimated percentage of lean meat in the carcase,x=the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.The formula shall be valid for carcases weighing between 55 and 120 kilograms. | | = | the estimated percentage of lean meat in the carcase, | x | = | the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.
| = | the estimated percentage of lean meat in the carcase,
x | = | the thickness of back-fat (including rind) in millimetres, measured at 6 centimetres off the midline of the carcase at the last rib.

Pending: 32005D0294

January 16, 2026
13.4.2005 EN Official Journal of the European Union L 94/34
(1) The amount of manure that a Member state intends to apply per hectare each year, which is different from the one specified in point 2 of Annex III and point (a) of Annex III of Directive 91/676/EEC, must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and must be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake.
(2) On 18 November 2002, the Commission adopted Decision 2002/915/EC(2)concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Directive 91/676/EEC. The derogation was applicable within the framework of the Danish action programme adopted for the year 1999 to 2003 and valid until 1 August 2004. It allowed the application of livestock manure containing up to 230 kg of nitrogen per hectare per year on specific cattle holdings.
(3) On 8 January 2004, Denmark requested an extension of the derogation. This request was completed by technical documents dated 2 February 2004, 2 April 2004, 23 April 2004, 14 June 2004, 2 August 2004, 14 September 2004 and 4 October 2004.
(4) Danish legislation transposing Directive 91/676/EEC can be considered to be in compliance with Directive and its provisions apply equally to the notified derogation.
(5) In December 2003 Denmark completed the evaluation of its second Action Plan on the Aquatic Environment which indicated the achievement of the reduction target for nitrate leaching of 48 % in the period 1985 to 2003.
(6) The Danish Parliamentary agreement on the third Danish Action Plan on the Aquatic Environment 2005 to 2015 set the objectives for a further reduction of nitrate leaching by 13 % in the period 2005 to 2015 and for a reduction of the phosphate surplus by 50 %.
(7) In conformity with Article 5 of Directive 91/676/EEC, Denmark has set action programmes that will ensure compliance with the objective of a maximum of 50 mg/l of nitrates in groundwater as set out in that Directive.
(8) Results of monitoring and controls show that, in period 2002 to 2003, 1 845 cattle holdings, 213 617 livestock units and 123 068 hectares, corresponding respectively to 4 %, 11 % and 5 % of the total in Denmark, were encompassed by the derogation, set in Decision 2002/915/EC.
(9) Calculations on nitrate leaching based on survey and nutrient analysis in agricultural catchments, in reference sites on sandy and clay soils, show that, in the period 1990 to 2003, nitrate leaching has been reduced by 42 % in loamy soils and by 52 % in sandy soils. This reduction is confirmed for 2002/2003.
(10) Trend analysis of measured nitrate concentration in water leaving the root zones shows that it has decreased steadily and is now approaching 50 mg/l, with a yearly decrease of 3,1 and 6,1 mg/l respectively for loamy and sandy soils. Nitrate concentration in streams in agricultural catchments decreased by 29 % in the period 1990 to 2003. In 2003, nitrate average concentration in upper groundwater was below 50 mg/l, both in sandy and loamy soils.
(11) The Commission, after examination of Denmark’s request and, more in particular, in the light of the experience gained from the derogation as provided in Decision 2002/915/EC, considers that the amount of manure envisaged by Denmark, 230 kg of nitrogen per hectare per year, will not prejudice the achievement of the objectives of Directive 91/676/EEC, if certain strict conditions are met.
(12) This Decision is applicable in connection with the framework of the Danish action programme adopted for the years 2004 to 2007.
(13) Decision 2002/915/EC expired on 1 August 2004. In view of the experience gained under that Decision and for the purpose of ensuring that the cattle farmers concerned may continue to benefit from derogation, it is appropriate that the present Decision shall apply from 2 August 2004.
(14) The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC,
(a) ‘Cattle farms’ means holdings with more than three livestock units, where at least two-thirds of livestock are cattle,
(b) ‘grass’ means permanent or temporary grassland (generally temporary lies less than four years),
(c) ‘crops being undersown by grass’: silage cereals, silage maize and/or spring barley, to be undersown before (maize) or after harvest, by grass which will act as a catch crop, for biological retention of nitrogen residual during winter,
(d) ‘beets’ means forage beets.
(a) the total nitrogen inputs must comply with the nutrient demand of the considered crop and the supply from the soil, the fertilisation rate being fixed 10 % under optimal economic level;
(b) a fertilisation plan and account must be kept for each farm. A plan describing the crop rotation and covering the period 1 August to 31 March the following year must be available to the authorities by 1 September at the latest. By 21 April such plans covering the whole of the period must be completed with information on expected application of manure and nitrogen fertilisers and must be available to the authorities. Crop rotation plans must specify grass, grass catch crops or beet and other crops being undersown by grass. Fertilisation plans must include the estimated need for nitrogen and phosphorous application, and nitrogen application shall be fixed 10 % below the economic optimum. It also must specify the nature of fertiliser to be used (e.g. livestock manure, waste products, chemical fertiliser) and contain a sketch map indicating location of individual fields. Plans must be revised no later than seven days following any changes in agricultural practices to ensure consistency between plans and actual agricultural practices. A fertilisation account must be annually submitted to the competent authority. These regulations must be encompassed in statutory orders;
(c) each cattle farm must submit, together with its annual application, the fertilisation account and accept that they can be subject to random control;
(d) periodic nitrogen and phosphorous analysis in soil will be done by each cattle farmer who is granted derogation for accurate fertilisation (at least every three years per 5 ha of land);
(e) no manure will be spread in the autumn before a grass cultivation, and the ploughing will be followed by a high nitrogen demanding crop.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(1), and in particular point 2(b) of Annex III thereof,
(1) The amount of manure that a Member state intends to apply per hectare each year, which is different from the one specified in point 2 of Annex III and point (a) of Annex III of Directive 91/676/EEC, must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and must be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake.
(2) On 18 November 2002, the Commission adopted Decision 2002/915/EC(2)concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Directive 91/676/EEC. The derogation was applicable within the framework of the Danish action programme adopted for the year 1999 to 2003 and valid until 1 August 2004. It allowed the application of livestock manure containing up to 230 kg of nitrogen per hectare per year on specific cattle holdings.
(3) On 8 January 2004, Denmark requested an extension of the derogation. This request was completed by technical documents dated 2 February 2004, 2 April 2004, 23 April 2004, 14 June 2004, 2 August 2004, 14 September 2004 and 4 October 2004.
(4) Danish legislation transposing Directive 91/676/EEC can be considered to be in compliance with Directive and its provisions apply equally to the notified derogation.
(5) In December 2003 Denmark completed the evaluation of its second Action Plan on the Aquatic Environment which indicated the achievement of the reduction target for nitrate leaching of 48 % in the period 1985 to 2003.
(6) The Danish Parliamentary agreement on the third Danish Action Plan on the Aquatic Environment 2005 to 2015 set the objectives for a further reduction of nitrate leaching by 13 % in the period 2005 to 2015 and for a reduction of the phosphate surplus by 50 %.
(7) In conformity with Article 5 of Directive 91/676/EEC, Denmark has set action programmes that will ensure compliance with the objective of a maximum of 50 mg/l of nitrates in groundwater as set out in that Directive.
(8) Results of monitoring and controls show that, in period 2002 to 2003, 1 845 cattle holdings, 213 617 livestock units and 123 068 hectares, corresponding respectively to 4 %, 11 % and 5 % of the total in Denmark, were encompassed by the derogation, set in Decision 2002/915/EC.
(9) Calculations on nitrate leaching based on survey and nutrient analysis in agricultural catchments, in reference sites on sandy and clay soils, show that, in the period 1990 to 2003, nitrate leaching has been reduced by 42 % in loamy soils and by 52 % in sandy soils. This reduction is confirmed for 2002/2003.
(10) Trend analysis of measured nitrate concentration in water leaving the root zones shows that it has decreased steadily and is now approaching 50 mg/l, with a yearly decrease of 3,1 and 6,1 mg/l respectively for loamy and sandy soils. Nitrate concentration in streams in agricultural catchments decreased by 29 % in the period 1990 to 2003. In 2003, nitrate average concentration in upper groundwater was below 50 mg/l, both in sandy and loamy soils.
(11) The Commission, after examination of Denmark’s request and, more in particular, in the light of the experience gained from the derogation as provided in Decision 2002/915/EC, considers that the amount of manure envisaged by Denmark, 230 kg of nitrogen per hectare per year, will not prejudice the achievement of the objectives of Directive 91/676/EEC, if certain strict conditions are met.
(12) This Decision is applicable in connection with the framework of the Danish action programme adopted for the years 2004 to 2007.
(13) Decision 2002/915/EC expired on 1 August 2004. In view of the experience gained under that Decision and for the purpose of ensuring that the cattle farmers concerned may continue to benefit from derogation, it is appropriate that the present Decision shall apply from 2 August 2004.
(14) The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC,
HAS ADOPTED THIS DECISION:

Article 1
Denmark’s request submitted by letter of 8 January 2004 asking the Commission to allow derogation under point 2(b) of Annex III to Directive 91/676/EEC is approved, subject to the conditions laid down hereunder.

Definitions
Article 2
For the purpose of this decision, the following definitions shall apply:
(a)
‘Cattle farms’ means holdings with more than three livestock units, where at least two-thirds of livestock are cattle,
(b)
‘grass’ means permanent or temporary grassland (generally temporary lies less than four years),
(c)
‘crops being undersown by grass’: silage cereals, silage maize and/or spring barley, to be undersown before (maize) or after harvest, by grass which will act as a catch crop, for biological retention of nitrogen residual during winter,
(d)
‘beets’ means forage beets.

Scope
Article 3
This derogation applies on an individual basis and under the conditions prescribed in Articles 4 to 6 to cattle farms where the crop rotation includes more than 70 % of particularly nitrogen consuming crops, with a long growing season.

Annual authorisation and commitment
Article 4
1. Cattle farmers shall submit an application for derogation to the competent authorities annually.
2. Together with that annual application, they shall undertake in writing to fulfil the conditions provided for in Articles 5 and 6.

Application of manure and other fertilisers
Article 5
The amount of livestock manure applied to the land each year on cattle farms, including by the animals themselves, shall not exceed the amount of manure containing 230 kg of nitrogen, under the following conditions:
(a)
the total nitrogen inputs must comply with the nutrient demand of the considered crop and the supply from the soil, the fertilisation rate being fixed 10 % under optimal economic level;
(b)
a fertilisation plan and account must be kept for each farm. A plan describing the crop rotation and covering the period 1 August to 31 March the following year must be available to the authorities by 1 September at the latest. By 21 April such plans covering the whole of the period must be completed with information on expected application of manure and nitrogen fertilisers and must be available to the authorities. Crop rotation plans must specify grass, grass catch crops or beet and other crops being undersown by grass. Fertilisation plans must include the estimated need for nitrogen and phosphorous application, and nitrogen application shall be fixed 10 % below the economic optimum. It also must specify the nature of fertiliser to be used (e.g. livestock manure, waste products, chemical fertiliser) and contain a sketch map indicating location of individual fields. Plans must be revised no later than seven days following any changes in agricultural practices to ensure consistency between plans and actual agricultural practices. A fertilisation account must be annually submitted to the competent authority. These regulations must be encompassed in statutory orders;
(c)
each cattle farm must submit, together with its annual application, the fertilisation account and accept that they can be subject to random control;
(d)
periodic nitrogen and phosphorous analysis in soil will be done by each cattle farmer who is granted derogation for accurate fertilisation (at least every three years per 5 ha of land);
(e)
no manure will be spread in the autumn before a grass cultivation, and the ploughing will be followed by a high nitrogen demanding crop.

Land cover
Article 6
1. 70 % or more of the acreage available for manure application on the cattle holding in question shall be cultivated with grass, grass catch crops or beets and other crops being undersown by grass with low nitrate leaching potential.
2. Grass catch crops shall not be ploughed before 1 March in order to ensure permanent vegetal cover of arable area for recovering subsoil autumn losses of nitrates and limit winter losses.
3. Temporary grasslands shall be ploughed in spring.
4. Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. This will however not apply to clover in grassland with less than 50 % clover and to barley/pea undersown with grass.

Monitoring
Article 7
1. Two maps, showing the percentage of cattle farms and percentage of agricultural land encompassed by the derogation in each municipality of Denmark, shall be updated every year, and transmitted to the Commission. The first submission will take place in the last quarter of 2005.
2. Survey and continuous nutrient analysis shall be carried out in the agricultural catchment national monitoring programme covering approximately 4 500 ha. The reference sites shall be chosen on sandy and clay soils.
3. Survey and continuous nutrient analysis shall provide data on local land use, crop rotations and practices on cattle farms. These data can be used for model-based calculations of the magnitude of nitrate leaching from fields where up to 230 kg of nitrogen per hectare per year in livestock manure is applied based on scientific principles.
4. In order to prove that the derogation will not jeopardise the objective of the national action programme and the Directive, a network of sampling of soil water, streams and of shallow groundwater established as agricultural catchment monitoring sites under the national monitoring programme shall be maintained to provide data on state of nitrate content in water leaving the root zone and entering the groundwater system.

Reporting
Article 8
1. The results of the monitoring shall be transmitted every year to the Commission, with a concise report on evaluation practice (controls at cattle farm level) and water quality evolution (based on root zone leaching monitoring, surface/ground water quality and model-based calculations). Based on initial assessment, first results shall be transmitted by October 2005, a second report by October 2006 and a third report by June 2008.
2. The results thus obtained will be taken into consideration by the Commission with regard to an eventual new request for derogation by the Danish authorities, to be assessed in the framework of the procedure of Article 9 of Directive 91/676/EEC.

Validity
Article 9
This derogation shall apply from 2 August 2004. It shall expire on 31 July 2008.

Article 10
This Decision is addressed to the Kingdom of Denmark.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(1), and in particular point 2(b) of Annex III thereof,
(1) The amount of manure that a Member state intends to apply per hectare each year, which is different from the one specified in point 2 of Annex III and point (a) of Annex III of Directive 91/676/EEC, must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and must be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake.
(2) On 18 November 2002, the Commission adopted Decision 2002/915/EC(2)concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Directive 91/676/EEC. The derogation was applicable within the framework of the Danish action programme adopted for the year 1999 to 2003 and valid until 1 August 2004. It allowed the application of livestock manure containing up to 230 kg of nitrogen per hectare per year on specific cattle holdings.
(3) On 8 January 2004, Denmark requested an extension of the derogation. This request was completed by technical documents dated 2 February 2004, 2 April 2004, 23 April 2004, 14 June 2004, 2 August 2004, 14 September 2004 and 4 October 2004.
(4) Danish legislation transposing Directive 91/676/EEC can be considered to be in compliance with Directive and its provisions apply equally to the notified derogation.
(5) In December 2003 Denmark completed the evaluation of its second Action Plan on the Aquatic Environment which indicated the achievement of the reduction target for nitrate leaching of 48 % in the period 1985 to 2003.
(6) The Danish Parliamentary agreement on the third Danish Action Plan on the Aquatic Environment 2005 to 2015 set the objectives for a further reduction of nitrate leaching by 13 % in the period 2005 to 2015 and for a reduction of the phosphate surplus by 50 %.
(7) In conformity with Article 5 of Directive 91/676/EEC, Denmark has set action programmes that will ensure compliance with the objective of a maximum of 50 mg/l of nitrates in groundwater as set out in that Directive.
(8) Results of monitoring and controls show that, in period 2002 to 2003, 1 845 cattle holdings, 213 617 livestock units and 123 068 hectares, corresponding respectively to 4 %, 11 % and 5 % of the total in Denmark, were encompassed by the derogation, set in Decision 2002/915/EC.
(9) Calculations on nitrate leaching based on survey and nutrient analysis in agricultural catchments, in reference sites on sandy and clay soils, show that, in the period 1990 to 2003, nitrate leaching has been reduced by 42 % in loamy soils and by 52 % in sandy soils. This reduction is confirmed for 2002/2003.
(10) Trend analysis of measured nitrate concentration in water leaving the root zones shows that it has decreased steadily and is now approaching 50 mg/l, with a yearly decrease of 3,1 and 6,1 mg/l respectively for loamy and sandy soils. Nitrate concentration in streams in agricultural catchments decreased by 29 % in the period 1990 to 2003. In 2003, nitrate average concentration in upper groundwater was below 50 mg/l, both in sandy and loamy soils.
(11) The Commission, after examination of Denmark’s request and, more in particular, in the light of the experience gained from the derogation as provided in Decision 2002/915/EC, considers that the amount of manure envisaged by Denmark, 230 kg of nitrogen per hectare per year, will not prejudice the achievement of the objectives of Directive 91/676/EEC, if certain strict conditions are met.
(12) This Decision is applicable in connection with the framework of the Danish action programme adopted for the years 2004 to 2007.
(13) Decision 2002/915/EC expired on 1 August 2004. In view of the experience gained under that Decision and for the purpose of ensuring that the cattle farmers concerned may continue to benefit from derogation, it is appropriate that the present Decision shall apply from 2 August 2004.
(14) The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC,
HAS ADOPTED THIS DECISION:
Denmark’s request submitted by letter of 8 January 2004 asking the Commission to allow derogation under point 2(b) of Annex III to Directive 91/676/EEC is approved, subject to the conditions laid down hereunder.

Definitions

For the purpose of this decision, the following definitions shall apply:
(a)
‘Cattle farms’ means holdings with more than three livestock units, where at least two-thirds of livestock are cattle,
(b)
‘grass’ means permanent or temporary grassland (generally temporary lies less than four years),
(c)
‘crops being undersown by grass’: silage cereals, silage maize and/or spring barley, to be undersown before (maize) or after harvest, by grass which will act as a catch crop, for biological retention of nitrogen residual during winter,
(d)
‘beets’ means forage beets.

Scope

This derogation applies on an individual basis and under the conditions prescribed in Articles 4 to 6 to cattle farms where the crop rotation includes more than 70 % of particularly nitrogen consuming crops, with a long growing season.

Annual authorisation and commitment

1. Cattle farmers shall submit an application for derogation to the competent authorities annually.
2. Together with that annual application, they shall undertake in writing to fulfil the conditions provided for in Articles 5 and 6.

Application of manure and other fertilisers

The amount of livestock manure applied to the land each year on cattle farms, including by the animals themselves, shall not exceed the amount of manure containing 230 kg of nitrogen, under the following conditions:
(a)
the total nitrogen inputs must comply with the nutrient demand of the considered crop and the supply from the soil, the fertilisation rate being fixed 10 % under optimal economic level;
(b)
a fertilisation plan and account must be kept for each farm. A plan describing the crop rotation and covering the period 1 August to 31 March the following year must be available to the authorities by 1 September at the latest. By 21 April such plans covering the whole of the period must be completed with information on expected application of manure and nitrogen fertilisers and must be available to the authorities. Crop rotation plans must specify grass, grass catch crops or beet and other crops being undersown by grass. Fertilisation plans must include the estimated need for nitrogen and phosphorous application, and nitrogen application shall be fixed 10 % below the economic optimum. It also must specify the nature of fertiliser to be used (e.g. livestock manure, waste products, chemical fertiliser) and contain a sketch map indicating location of individual fields. Plans must be revised no later than seven days following any changes in agricultural practices to ensure consistency between plans and actual agricultural practices. A fertilisation account must be annually submitted to the competent authority. These regulations must be encompassed in statutory orders;
(c)
each cattle farm must submit, together with its annual application, the fertilisation account and accept that they can be subject to random control;
(d)
periodic nitrogen and phosphorous analysis in soil will be done by each cattle farmer who is granted derogation for accurate fertilisation (at least every three years per 5 ha of land);
(e)
no manure will be spread in the autumn before a grass cultivation, and the ploughing will be followed by a high nitrogen demanding crop.

Land cover

1. 70 % or more of the acreage available for manure application on the cattle holding in question shall be cultivated with grass, grass catch crops or beets and other crops being undersown by grass with low nitrate leaching potential.
2. Grass catch crops shall not be ploughed before 1 March in order to ensure permanent vegetal cover of arable area for recovering subsoil autumn losses of nitrates and limit winter losses.
3. Temporary grasslands shall be ploughed in spring.
4. Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. This will however not apply to clover in grassland with less than 50 % clover and to barley/pea undersown with grass.

Monitoring

1. Two maps, showing the percentage of cattle farms and percentage of agricultural land encompassed by the derogation in each municipality of Denmark, shall be updated every year, and transmitted to the Commission. The first submission will take place in the last quarter of 2005.
2. Survey and continuous nutrient analysis shall be carried out in the agricultural catchment national monitoring programme covering approximately 4 500 ha. The reference sites shall be chosen on sandy and clay soils.
3. Survey and continuous nutrient analysis shall provide data on local land use, crop rotations and practices on cattle farms. These data can be used for model-based calculations of the magnitude of nitrate leaching from fields where up to 230 kg of nitrogen per hectare per year in livestock manure is applied based on scientific principles.
4. In order to prove that the derogation will not jeopardise the objective of the national action programme and the Directive, a network of sampling of soil water, streams and of shallow groundwater established as agricultural catchment monitoring sites under the national monitoring programme shall be maintained to provide data on state of nitrate content in water leaving the root zone and entering the groundwater system.

Reporting

1. The results of the monitoring shall be transmitted every year to the Commission, with a concise report on evaluation practice (controls at cattle farm level) and water quality evolution (based on root zone leaching monitoring, surface/ground water quality and model-based calculations). Based on initial assessment, first results shall be transmitted by October 2005, a second report by October 2006 and a third report by June 2008.
2. The results thus obtained will be taken into consideration by the Commission with regard to an eventual new request for derogation by the Danish authorities, to be assessed in the framework of the procedure of Article 9 of Directive 91/676/EEC.

Validity

This derogation shall apply from 2 August 2004. It shall expire on 31 July 2008.
This Decision is addressed to the Kingdom of Denmark.

Pending: 32005D0266

January 16, 2026
31.3.2005 EN Official Journal of the European Union L 82/6
(1) The accounts of the ECB and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.
(2) According to a recent change in Portuguese law the auditing of accounts must now be carried out exclusively byrevisores oficiais de contas(certified auditors). The Governing Council of the ECB therefore recommended that the Council of the European Union approve the replacement of PricewaterhouseCoopers — Auditores e Consultores, Lda. as external auditor of the Banco de Portugal by PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda., since the former does not have the status of certified auditor.
(3) The Governing Council of the ECB recommended no change in the duration of the external auditor’s mandate.
(4) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks(2)accordingly,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,
Having regard to Recommendation ECB/2005/3 of the European Central Bank (hereinafter referred to as ‘ECB’) of 11 February 2005 to the Council of the European Union on the external auditors of the Banco de Portugal(1),
(1) The accounts of the ECB and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.
(2) According to a recent change in Portuguese law the auditing of accounts must now be carried out exclusively byrevisores oficiais de contas(certified auditors). The Governing Council of the ECB therefore recommended that the Council of the European Union approve the replacement of PricewaterhouseCoopers — Auditores e Consultores, Lda. as external auditor of the Banco de Portugal by PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda., since the former does not have the status of certified auditor.
(3) The Governing Council of the ECB recommended no change in the duration of the external auditor’s mandate.
(4) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks(2)accordingly,
HAS DECIDED AS FOLLOWS:

Article 1
Article 1(10) of Decision 1999/70/EC shall be replaced by the following:
‘10. PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. is hereby approved as external auditor of the Banco de Portugal as from the financial year 2004 for a renewable period of one year.’

Article 2
This Decision shall be notified to the ECB.

Article 3
This Decision shall be published in theOfficial Journal of the European Union.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27(1) thereof,
Having regard to Recommendation ECB/2005/3 of the European Central Bank (hereinafter referred to as ‘ECB’) of 11 February 2005 to the Council of the European Union on the external auditors of the Banco de Portugal(1),
(1) The accounts of the ECB and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.
(2) According to a recent change in Portuguese law the auditing of accounts must now be carried out exclusively byrevisores oficiais de contas(certified auditors). The Governing Council of the ECB therefore recommended that the Council of the European Union approve the replacement of PricewaterhouseCoopers — Auditores e Consultores, Lda. as external auditor of the Banco de Portugal by PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda., since the former does not have the status of certified auditor.
(3) The Governing Council of the ECB recommended no change in the duration of the external auditor’s mandate.
(4) It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks(2)accordingly,
HAS DECIDED AS FOLLOWS:
Article 1(10) of Decision 1999/70/EC shall be replaced by the following:
‘10. PricewaterhouseCoopers & Associados — Sociedade de Revisores Oficiais de Contas, Lda. is hereby approved as external auditor of the Banco de Portugal as from the financial year 2004 for a renewable period of one year.’
This Decision shall be notified to the ECB.
This Decision shall be published in theOfficial Journal of the European Union.

Pending: 32005D0240

January 16, 2026
19.3.2005 EN Official Journal of the European Union L 74/62
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of Poland has requested the Commission to authorise three methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.
(4) Article 2 of Regulation (EEC) No 3220/84 lays down that Member States may be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the same Article where commercial practice or technical requirements warrant such a derogation.
(5) In Poland the traditions in carcase presentation, and consequently, commercial practice, necessitate that carcases can be presented with the flare fat, kidneys and/or diaphragm. This should be taken into account in adjusting the weight recorded to the weight for standard presentation.
(6) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(7) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
(a) the apparatus termed ‘Capteur Gras/Maigre — Sydel (CGM)’ and the assessment methods related thereto, details of which are given in Part 1 of the Annex;
(b) the apparatus termed ‘Ultra FOM 300’ and the assessment methods related thereto, details of which are given in part 2 of the Annex;
(c) the apparatus called ‘Fully automatic ultrasonic carcase grading (Autofom)’ and the assessment methods related thereto, details of which are given in part 3 of the Annex.
(a) for diaphragm by 0,23 %
(b) for flare fat and kidneys by:—1,90 % for carcases grade S and E,—2,11 % for carcases grade U,—2,54 % for carcases grade R,—3,12 % for carcases grade O,—3,35 % for carcases grade P. — 1,90 % for carcases grade S and E, — 2,11 % for carcases grade U, — 2,54 % for carcases grade R, — 3,12 % for carcases grade O, — 3,35 % for carcases grade P.
— 1,90 % for carcases grade S and E,
— 2,11 % for carcases grade U,
— 2,54 % for carcases grade R,
— 3,12 % for carcases grade O,
— 3,35 % for carcases grade P.
— 1,90 % for carcases grade S and E,
— 2,11 % for carcases grade U,
— 2,54 % for carcases grade R,
— 3,12 % for carcases grade O,
— 3,35 % for carcases grade P.
1. Grading of pig carcases is carried out by means of the apparatus known as ‘Capteur gras/maigre — Sydel (CGM)’.
2. The apparatus shall be equipped with a high-definition Sydel probe 8 mm in width, a light-emitting infra-red diode (Honeywell) and two light sensors (Honeywell). The operating distance is between 0 and 105 mm.The values measured will be converted into estimated lean meat content by the CGM itself.
3. The lean meat content of the carcase shall be calculated according to the following formula:= 50,11930 – 0,62421X1+ 0,26979X2where:=the estimated percentage of lean meat in the carcase,X1=the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib,X2=the thickness of the muscle in millimetres measured at the same time and in the same place as X1.This formula shall be valid for carcases weighing between 60 and 120 kilograms. = the estimated percentage of lean meat in the carcase, X1 = the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib, X2 = the thickness of the muscle in millimetres measured at the same time and in the same place as X1.
= the estimated percentage of lean meat in the carcase,
X1 = the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib,
X2 = the thickness of the muscle in millimetres measured at the same time and in the same place as X1.
= the estimated percentage of lean meat in the carcase,
X1 = the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib,
X2 = the thickness of the muscle in millimetres measured at the same time and in the same place as X1.
1. Grading of pig carcases shall be carried out by means of the apparatus termed ‘Ultra-FOM 300’.
2. The apparatus shall be equipped with an ultrasonic probe at 3,5 MHz (Krautkrämer MB 4 SE). The ultrasonic signal is digitised, stored and processed by a microprocessor.The results of the measurements shall be converted into estimated lean meat content by means of the Ultra-FOM apparatus itself.
3. The lean meat content of the carcase should be calculated according to the following formula:= 49,88792 – 0,41858T1– 0,22302T2+ 0,16050M1+ 0,11181M2where:=the estimated percentage of lean meat in the carcase,T1=the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib,T2=the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib,M1=the thickness of muscle in millimetres, measured at the same time and in the same place as T1,M2=the thickness of muscle in millimetres, measured at the same time and in the same place as T2.This formula shall be valid for carcases weighing between 60 and 120 kilograms. = the estimated percentage of lean meat in the carcase, T1 = the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib, T2 = the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib, M1 = the thickness of muscle in millimetres, measured at the same time and in the same place as T1, M2 = the thickness of muscle in millimetres, measured at the same time and in the same place as T2.
= the estimated percentage of lean meat in the carcase,
T1 = the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib,
T2 = the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib,
M1 = the thickness of muscle in millimetres, measured at the same time and in the same place as T1,
M2 = the thickness of muscle in millimetres, measured at the same time and in the same place as T2.
= the estimated percentage of lean meat in the carcase,
T1 = the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib,
T2 = the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib,
M1 = the thickness of muscle in millimetres, measured at the same time and in the same place as T1,
M2 = the thickness of muscle in millimetres, measured at the same time and in the same place as T2.
1. Pig carcase grading shall be carried out using the apparatus termed Autofom (Fully automatic ultrasonic carcase grading).
2. The apparatus shall be equipped with 16 16,2 MHz ultrasonic transducers (Krautkrämer, SFK 2 NP), with an operating distance between transducers of 25 mm.The ultrasonic data shall comprise measurements of back-fat thickness and muscle thickness.The results of the measurements are converted into estimated lean meat content using a computer.
3. The carcase's lean meat content shall be calculated on the basis of 55 measurement points using the following formula:= 56,252136* – 0,028473*x1– 0,027282*x2– 0,015806*x3– 0,016142*x4– 0,022851*x6– 0,034145*x7– 0,020363*x8– 0,041058*x10– 0,037529*x12– 0,037360*x13– 0,033079×14– 0,040317×16– 0,031628*x18– 0,047627*x19– 0,037751×20– 0,053476*x22– 0,025057*x23– 0,008859×36– 0,029586*x51– 0,029084×52– 0,028232*x53– 0,037867*x55– 0,042106*x56– 0,040204*x57– 0,027405*x60– 0,033291*x61– 0,036111*x62– 0,040422*x63– 0,041369*x64– 0,025033*x70– 0,027128*x71– 0,032544*x72– 0,035766*x73– 0,033897*x74– 0,035085*x75– 0,035188*x76– 0,036037*x77– 0,030996*x78– 0,031859*x79– 0,031764*x80– 0,033305*x81– 0,033473*x82– 0,034710*x83– 0,042587*x90– 0,039693*x91– 0,033790*x92+ 0,044578×115+ 0,041854*x116+ 0,037605*x117+ 0,034210*x118+ 0,035420*x119+ 0,031481*x120+ 0,020061*x124+ 0,030630*x125+ 0,030004*x126where:=the estimated percentage of lean meat in the carcase,x1, x2… x126are the variables measured by Autofom. = the estimated percentage of lean meat in the carcase,
= the estimated percentage of lean meat in the carcase,
= the estimated percentage of lean meat in the carcase,
4. Descriptions of the measurement points and the statistical method can be found in part II of the Polish protocol forwarded to the Commission in accordance with Article 3(3) of Regulation (EEC) No 2967/85.The formula shall be valid for carcases weighing between 60 and 120 kilograms.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases(1), and in particular Article 5(2) thereof,
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of Poland has requested the Commission to authorise three methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.
(4) Article 2 of Regulation (EEC) No 3220/84 lays down that Member States may be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the same Article where commercial practice or technical requirements warrant such a derogation.
(5) In Poland the traditions in carcase presentation, and consequently, commercial practice, necessitate that carcases can be presented with the flare fat, kidneys and/or diaphragm. This should be taken into account in adjusting the weight recorded to the weight for standard presentation.
(6) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(7) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:

Article 1
The use of the following methods is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Poland:
(a)
the apparatus termed ‘Capteur Gras/Maigre — Sydel (CGM)’ and the assessment methods related thereto, details of which are given in Part 1 of the Annex;
(b)
the apparatus termed ‘Ultra FOM 300’ and the assessment methods related thereto, details of which are given in part 2 of the Annex;
(c)
the apparatus called ‘Fully automatic ultrasonic carcase grading (Autofom)’ and the assessment methods related thereto, details of which are given in part 3 of the Annex.
As regards the apparatus ‘Ultra FOM 300’, referred in the first paragraph, point (b), it is laid down that after the end of the measurement procedure it must be possible to verify on the carcase that the apparatus measured the values of measurement T1and T2on the site provided for in the Annex, part 2, point 3. The corresponding marking of the measurement site must be made at the same time as the measurement procedure.

Article 2
Notwithstanding the standard presentation referred to in Article 2(1) of Regulation (EEC) No 3220/84, the flare fat, the kidneys and the diaphragm need not be removed from pig carcases before being weighed and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be reduced:
(a)
for diaphragm by 0,23 %
(b)
for flare fat and kidneys by:
—
1,90 % for carcases grade S and E,
—
2,11 % for carcases grade U,
—
2,54 % for carcases grade R,
—
3,12 % for carcases grade O,
—
3,35 % for carcases grade P.

Article 3
Modifications of the apparata or the assessment methods shall not be authorised.

Article 4
This Decision is addressed to the Republic of Poland.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases(1), and in particular Article 5(2) thereof,
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase. The authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment. This tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of Poland has requested the Commission to authorise three methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.
(4) Article 2 of Regulation (EEC) No 3220/84 lays down that Member States may be authorised to provide for a presentation of pig carcases different from the standard presentation defined in the same Article where commercial practice or technical requirements warrant such a derogation.
(5) In Poland the traditions in carcase presentation, and consequently, commercial practice, necessitate that carcases can be presented with the flare fat, kidneys and/or diaphragm. This should be taken into account in adjusting the weight recorded to the weight for standard presentation.
(6) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(7) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:
The use of the following methods is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Poland:
(a)
the apparatus termed ‘Capteur Gras/Maigre — Sydel (CGM)’ and the assessment methods related thereto, details of which are given in Part 1 of the Annex;
(b)
the apparatus termed ‘Ultra FOM 300’ and the assessment methods related thereto, details of which are given in part 2 of the Annex;
(c)
the apparatus called ‘Fully automatic ultrasonic carcase grading (Autofom)’ and the assessment methods related thereto, details of which are given in part 3 of the Annex.
As regards the apparatus ‘Ultra FOM 300’, referred in the first paragraph, point (b), it is laid down that after the end of the measurement procedure it must be possible to verify on the carcase that the apparatus measured the values of measurement T1and T2on the site provided for in the Annex, part 2, point 3. The corresponding marking of the measurement site must be made at the same time as the measurement procedure.
Notwithstanding the standard presentation referred to in Article 2(1) of Regulation (EEC) No 3220/84, the flare fat, the kidneys and the diaphragm need not be removed from pig carcases before being weighed and graded. In order to establish quotations for pig carcases on a comparable basis, the recorded hot weight shall be reduced:
(a)
for diaphragm by 0,23 %
(b)
for flare fat and kidneys by:
—
1,90 % for carcases grade S and E,
—
2,11 % for carcases grade U,
—
2,54 % for carcases grade R,
—
3,12 % for carcases grade O,
—
3,35 % for carcases grade P.
Modifications of the apparata or the assessment methods shall not be authorised.
This Decision is addressed to the Republic of Poland.

METHODS FOR GRADING PIG CARCASES IN POLAND

ANNEXPart 1CAPTEUR GRAS/MAIGRE — SYDEL (CGM)
| 1. | Grading of pig carcases is carried out by means of the apparatus known as ‘Capteur gras/maigre — Sydel (CGM)’.
| 2. | The apparatus shall be equipped with a high-definition Sydel probe 8 mm in width, a light-emitting infra-red diode (Honeywell) and two light sensors (Honeywell). The operating distance is between 0 and 105 mm.The values measured will be converted into estimated lean meat content by the CGM itself.
| 3. | The lean meat content of the carcase shall be calculated according to the following formula:= 50,11930 – 0,62421X1+ 0,26979X2where:=the estimated percentage of lean meat in the carcase,X1=the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib,X2=the thickness of the muscle in millimetres measured at the same time and in the same place as X1.This formula shall be valid for carcases weighing between 60 and 120 kilograms. | | = | the estimated percentage of lean meat in the carcase, | X1 | = | the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib, | X2 | = | the thickness of the muscle in millimetres measured at the same time and in the same place as X1.
| = | the estimated percentage of lean meat in the carcase,
X1 | = | the thickness of back fat (including rind) in millimetres measured at 6 centimetres off the midline of the carcase between the third and fourth last rib,
X2 | = | the thickness of the muscle in millimetres measured at the same time and in the same place as X1.Part 2ULTRA-FOM 300
| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Ultra-FOM 300’.
| 2. | The apparatus shall be equipped with an ultrasonic probe at 3,5 MHz (Krautkrämer MB 4 SE). The ultrasonic signal is digitised, stored and processed by a microprocessor.The results of the measurements shall be converted into estimated lean meat content by means of the Ultra-FOM apparatus itself.
| 3. | The lean meat content of the carcase should be calculated according to the following formula:= 49,88792 – 0,41858T1– 0,22302T2+ 0,16050M1+ 0,11181M2where:=the estimated percentage of lean meat in the carcase,T1=the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib,T2=the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib,M1=the thickness of muscle in millimetres, measured at the same time and in the same place as T1,M2=the thickness of muscle in millimetres, measured at the same time and in the same place as T2.This formula shall be valid for carcases weighing between 60 and 120 kilograms. | | = | the estimated percentage of lean meat in the carcase, | T1 | = | the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib, | T2 | = | the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib, | M1 | = | the thickness of muscle in millimetres, measured at the same time and in the same place as T1, | M2 | = | the thickness of muscle in millimetres, measured at the same time and in the same place as T2.
| = | the estimated percentage of lean meat in the carcase,
T1 | = | the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, at the last rib,
T2 | = | the thickness of back fat (including rind) in millimetres, measured at 7 cm off the midline of the carcase, between the third and fourth last rib,
M1 | = | the thickness of muscle in millimetres, measured at the same time and in the same place as T1,
M2 | = | the thickness of muscle in millimetres, measured at the same time and in the same place as T2.Part 3FULLY AUTOMATIC ULTRASONIC CARCASE GRADING (AUTOFOM)
| 1. | Pig carcase grading shall be carried out using the apparatus termed Autofom (Fully automatic ultrasonic carcase grading).
| 2. | The apparatus shall be equipped with 16 16,2 MHz ultrasonic transducers (Krautkrämer, SFK 2 NP), with an operating distance between transducers of 25 mm.The ultrasonic data shall comprise measurements of back-fat thickness and muscle thickness.The results of the measurements are converted into estimated lean meat content using a computer.
| 3. | The carcase’s lean meat content shall be calculated on the basis of 55 measurement points using the following formula:= 56,252136* – 0,028473*x1– 0,027282*x2– 0,015806*x3– 0,016142*x4– 0,022851*x6– 0,034145*x7– 0,020363*x8– 0,041058*x10– 0,037529*x12– 0,037360*x13– 0,033079×14– 0,040317×16– 0,031628*x18– 0,047627*x19– 0,037751×20– 0,053476*x22– 0,025057*x23– 0,008859×36– 0,029586*x51– 0,029084×52– 0,028232*x53– 0,037867*x55– 0,042106*x56– 0,040204*x57– 0,027405*x60– 0,033291*x61– 0,036111*x62– 0,040422*x63– 0,041369*x64– 0,025033*x70– 0,027128*x71– 0,032544*x72– 0,035766*x73– 0,033897*x74– 0,035085*x75– 0,035188*x76– 0,036037*x77– 0,030996*x78– 0,031859*x79– 0,031764*x80– 0,033305*x81– 0,033473*x82– 0,034710*x83– 0,042587*x90– 0,039693*x91– 0,033790*x92+ 0,044578×115+ 0,041854*x116+ 0,037605*x117+ 0,034210*x118+ 0,035420*x119+ 0,031481*x120+ 0,020061*x124+ 0,030630*x125+ 0,030004*x126where:=the estimated percentage of lean meat in the carcase,x1, x2… x126are the variables measured by Autofom. | | = | the estimated percentage of lean meat in the carcase,
| = | the estimated percentage of lean meat in the carcase,
| 4. | Descriptions of the measurement points and the statistical method can be found in part II of the Polish protocol forwarded to the Commission in accordance with Article 3(3) of Regulation (EEC) No 2967/85.The formula shall be valid for carcases weighing between 60 and 120 kilograms.

Pending: 32005D0231

January 16, 2026
18.3.2005 EN Official Journal of the European Union L 72/27
(1) By letter of 20 August 2004, the Swedish authorities applied to the Commission for a derogation allowing them to apply a reduced rate of taxation to electricity consumed by households and service sector companies in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.
(2) Since July 1981 a reduced energy tax rate has been applied in Sweden to electricity used in the northern parts of the country, where electricity consumption for heating purposes is on average 25 % higher than elsewhere in the country.
(3) Reducing the cost of electricity for households and service sector companies in the north of Sweden places those consumers on an equal footing with their counterparts in the southern parts of the country. The measure therefore has regional and cohesion policy objectives.
(4) The reduced level of taxation on electricity for consumption in the north of Sweden, which rate set out in Directive 2003/96/EC. Furthermore, the tax reduction is proportionate to the extra heating costs borne by households and service sector companies in northern Sweden. Consequently, that level of taxation should ensure that the incentive effect of taxation to increase energy efficiency is maintained.
(5) The reduction applied for has been reviewed by the Commission and has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.
(6) That approach is in line with the position taken by the Commission in the State aid Case C 42/03(2), where no objections were raised to the State aid element of the tax reduction for a period ending on 31 December 2005.
(7) It is therefore appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2005,
Regions Municipalities
Norrbottens län All municipalities
Västerbottens län All municipalities
Jämtlands län All municipalities
Västernorrlands län Sollefteå, Ånge, Örnsköldsvik
Gävleborgs län Ljusdal
Dalarnas län Malung, Mora, Orsa, Älvdalen
Värmlands län Torsby
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity(1), and in particular Article 19(1) thereof,
Having regard to the proposal from the Commission,
(1) By letter of 20 August 2004, the Swedish authorities applied to the Commission for a derogation allowing them to apply a reduced rate of taxation to electricity consumed by households and service sector companies in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.
(2) Since July 1981 a reduced energy tax rate has been applied in Sweden to electricity used in the northern parts of the country, where electricity consumption for heating purposes is on average 25 % higher than elsewhere in the country.
(3) Reducing the cost of electricity for households and service sector companies in the north of Sweden places those consumers on an equal footing with their counterparts in the southern parts of the country. The measure therefore has regional and cohesion policy objectives.
(4) The reduced level of taxation on electricity for consumption in the north of Sweden, which rate set out in Directive 2003/96/EC. Furthermore, the tax reduction is proportionate to the extra heating costs borne by households and service sector companies in northern Sweden. Consequently, that level of taxation should ensure that the incentive effect of taxation to increase energy efficiency is maintained.
(5) The reduction applied for has been reviewed by the Commission and has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.
(6) That approach is in line with the position taken by the Commission in the State aid Case C 42/03(2), where no objections were raised to the State aid element of the tax reduction for a period ending on 31 December 2005.
(7) It is therefore appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2005,
HAS ADOPTED THIS DECISION:

Article 1
Sweden is hereby authorised to apply a reduced rate of taxation to electricity consumed by households and service sector companies situated in the municipalities listed in the Annex.
The reduction shall be proportionate to the extra heating costs due to the northern location, in comparison with the rest of Sweden.
The reduced rate shall comply with the requirements of Directive 2003/96/EC, and in particular the minimum rates laid down in Article 10 of that Directive.

Article 2
This Decision shall expire on 31 December 2005.

Article 3
This Decision is addressed to the Kingdom of Sweden.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity(1), and in particular Article 19(1) thereof,
Having regard to the proposal from the Commission,
(1) By letter of 20 August 2004, the Swedish authorities applied to the Commission for a derogation allowing them to apply a reduced rate of taxation to electricity consumed by households and service sector companies in the north of Sweden pursuant to Article 19 of Directive 2003/96/EC.
(2) Since July 1981 a reduced energy tax rate has been applied in Sweden to electricity used in the northern parts of the country, where electricity consumption for heating purposes is on average 25 % higher than elsewhere in the country.
(3) Reducing the cost of electricity for households and service sector companies in the north of Sweden places those consumers on an equal footing with their counterparts in the southern parts of the country. The measure therefore has regional and cohesion policy objectives.
(4) The reduced level of taxation on electricity for consumption in the north of Sweden, which rate set out in Directive 2003/96/EC. Furthermore, the tax reduction is proportionate to the extra heating costs borne by households and service sector companies in northern Sweden. Consequently, that level of taxation should ensure that the incentive effect of taxation to increase energy efficiency is maintained.
(5) The reduction applied for has been reviewed by the Commission and has been found not to distort competition or hinder the operation of the internal market and it is not considered incompatible with Community policy on the environment, energy and transport.
(6) That approach is in line with the position taken by the Commission in the State aid Case C 42/03(2), where no objections were raised to the State aid element of the tax reduction for a period ending on 31 December 2005.
(7) It is therefore appropriate to authorise Sweden to apply a reduced rate of taxation to electricity for consumption in the north of Sweden until 31 December 2005,
HAS ADOPTED THIS DECISION:
Sweden is hereby authorised to apply a reduced rate of taxation to electricity consumed by households and service sector companies situated in the municipalities listed in the Annex.
The reduction shall be proportionate to the extra heating costs due to the northern location, in comparison with the rest of Sweden.
The reduced rate shall comply with the requirements of Directive 2003/96/EC, and in particular the minimum rates laid down in Article 10 of that Directive.
This Decision shall expire on 31 December 2005.
This Decision is addressed to the Kingdom of Sweden.
ANNEX
Regions | Municipalities
Norrbottens län | All municipalities
Västerbottens län | All municipalities
Jämtlands län | All municipalities
Västernorrlands län | Sollefteå, Ånge, Örnsköldsvik
Gävleborgs län | Ljusdal
Dalarnas län | Malung, Mora, Orsa, Älvdalen
Värmlands län | Torsby

Pending: 32005D0062

January 16, 2026
28.1.2005 EN Official Journal of the European Union L 25/71
(1) Under Regulation (EC) No 1774/2002 derogations may be granted regarding the disposal by on-site burning or burial of animal by-products in restricted circumstances. That Regulation also provides that no derogation may be granted in respect of animals suspected of being infected with a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been officially confirmed.
(2) Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures(2)lays down implementing rules for the disposal of animal by-products by on-site burning or burial.
(3) Commission Decision 2004/467/EC of 29 April 2004 laying down transitional measures to be applied by Cyprus and Estonia as regards on-site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council(3)provides for a derogation to these rules applicable until 1 January 2005.
(4) Cyprus has informed the Commission that it will not have operational collection systems in place for animal by-products on 1 January 2005. It is therefore necessary to maintain the transitional measures laid down by Decision 2004/467/EC for a further period of time.
(5) During the transitional period Cyprus should take the necessary measures to avoid endangering human or animal health and the environment as laid down in Regulation (EC) No 811/2003.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(1), and in particular Article 24(6) and Article 32(1) thereof,
(1) Under Regulation (EC) No 1774/2002 derogations may be granted regarding the disposal by on-site burning or burial of animal by-products in restricted circumstances. That Regulation also provides that no derogation may be granted in respect of animals suspected of being infected with a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been officially confirmed.
(2) Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures(2)lays down implementing rules for the disposal of animal by-products by on-site burning or burial.
(3) Commission Decision 2004/467/EC of 29 April 2004 laying down transitional measures to be applied by Cyprus and Estonia as regards on-site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council(3)provides for a derogation to these rules applicable until 1 January 2005.
(4) Cyprus has informed the Commission that it will not have operational collection systems in place for animal by-products on 1 January 2005. It is therefore necessary to maintain the transitional measures laid down by Decision 2004/467/EC for a further period of time.
(5) During the transitional period Cyprus should take the necessary measures to avoid endangering human or animal health and the environment as laid down in Regulation (EC) No 811/2003.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Article 1
1. By way of derogation from Articles 4(2), 5(2) and 6(2) of Regulation (EC) No 1774/2002, Cyprus may, in respect of its own territory, and until 1 November 2005, permit on-site burning or burial of animal by-products.
2. The derogation referred to in paragraph 1 does not apply to Category 1 material referred to in Article 4(1)(a)(i) of Regulation (EC) No 1774/2002.

Article 2
When permitting on-site burning or burial, as provided for in Article 1 of this Decision, Cyprus shall take all necessary measures to avoid endangering human or animal health and the environment in accordance with the implementing rules laid down in Articles 6 and 9 of Regulation (EC) No 811/2003. Cyprus shall, by 1 June 2005, inform the Commission and other Member States of the progress made in establishing the disposal system.

Article 3
This Decision shall apply from 1 January 2005 until 1 November 2005.

Article 4
This Decision is addressed to the Republic of Cyprus.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(1), and in particular Article 24(6) and Article 32(1) thereof,
(1) Under Regulation (EC) No 1774/2002 derogations may be granted regarding the disposal by on-site burning or burial of animal by-products in restricted circumstances. That Regulation also provides that no derogation may be granted in respect of animals suspected of being infected with a transmissible spongiform encephalopathy (TSE) or in which the presence of a TSE has been officially confirmed.
(2) Commission Regulation (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures(2)lays down implementing rules for the disposal of animal by-products by on-site burning or burial.
(3) Commission Decision 2004/467/EC of 29 April 2004 laying down transitional measures to be applied by Cyprus and Estonia as regards on-site burning or burial of animal by-products under Regulation (EC) No 1774/2002 of the European Parliament and of the Council(3)provides for a derogation to these rules applicable until 1 January 2005.
(4) Cyprus has informed the Commission that it will not have operational collection systems in place for animal by-products on 1 January 2005. It is therefore necessary to maintain the transitional measures laid down by Decision 2004/467/EC for a further period of time.
(5) During the transitional period Cyprus should take the necessary measures to avoid endangering human or animal health and the environment as laid down in Regulation (EC) No 811/2003.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
1. By way of derogation from Articles 4(2), 5(2) and 6(2) of Regulation (EC) No 1774/2002, Cyprus may, in respect of its own territory, and until 1 November 2005, permit on-site burning or burial of animal by-products.
2. The derogation referred to in paragraph 1 does not apply to Category 1 material referred to in Article 4(1)(a)(i) of Regulation (EC) No 1774/2002.
When permitting on-site burning or burial, as provided for in Article 1 of this Decision, Cyprus shall take all necessary measures to avoid endangering human or animal health and the environment in accordance with the implementing rules laid down in Articles 6 and 9 of Regulation (EC) No 811/2003. Cyprus shall, by 1 June 2005, inform the Commission and other Member States of the progress made in establishing the disposal system.
This Decision shall apply from 1 January 2005 until 1 November 2005.
This Decision is addressed to the Republic of Cyprus.

Pending: 32005D0001

January 16, 2026
4.1.2005 EN Official Journal of the European Union L 1/8
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; the authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; this tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of the Czech Republic has requested the Commission to authorise four methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.
(4) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(5) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
— the grading method known as ‘Zwei-Punkte-Messverfahren (ZP)’ and assessment methods related thereto, details of which are given in Part 1 of the Annex,
— the apparatus termed ‘Fat-O-Meater (FOM)’ and assessment methods related thereto, details of which are given in Part 2 of the Annex,
— the apparatus termed ‘Hennessy Grading Probe (HGP 4)’ and assessment methods related thereto, details of which are given in Part 3 of the Annex,
— the apparatus termed ‘Ultra FOM 300’ and assessment methods related thereto, details of which are given in Part 4 of the Annex.
1. Grading of pig carcases shall be carried out by use of the method termed ‘Zwei-Punkte-Messverfahren (ZP)’.
2. The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (ZP)= thickness of fat (including rind), measured by a slide rule in the point where the musculus gluteus medius (m.g.m.) is the most convex (mm),M (ZP)= thickness of muscle measured by a slide rule at the shortest connection between the cranial end of the m.g.m. and the dorsal edge of the vertebral canal.The formula shall be valid for carcases weighing between 60 and 120 kilograms.
1. Grading of pig carcases shall be carried out by means of the apparatus termed ‘Fat-O-Meater (FOM)’.
2. The apparatus shall be equipped with a probe of six millimetres diameter containing a photodiode of the Siemens SFH 950/960 type and having an operating distance of between 3 and 103 millimetres. The results of the measurements are converted into estimated lean meat content by means of a computer.
3. The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (FOM)= the thickness of back-fat (including rind) in millimetres, measured at 6,5 centimetres off the midline of the carcase, between the second and third last rib,M (FOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (FOM).The formula shall be valid for carcases weighing between 60 and 120 kilograms.
1. Grading of pig carcases shall be carried out by means of the apparatus termed ‘Hennessy Grading Probe (HGP 4)’.
2. The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade on top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO) and photodetector of the type 58 MR and having an operating distance of between 0 and 120 millimetres. The results of the measurements shall be converted into estimated lean meat content by means of the HGP 4 itself or a computer linked to it.
3. The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (HGP)= the thickness of back-fat (including rind) in millimetres, measured at 7,5 centimetres off the midline of the carcase, between the second and third last rib,M (HGP)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (HGP).The formula shall be valid for carcases weighing between 60 and 120 kilograms.
1. Grading of pig carcases shall be carried out by means of the apparatus termed ‘Ultra-FOM 300’.
2. The apparatus shall be equipped with an ultrasonic probe at 3,5 MHz. The ultrasonic signal is digitised, stored and processed by a microprocessor.The results of the measurements shall be converted into estimated lean meat content by means of the Ultra-FOM apparatus itself.
3. The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (UFOM)= the thickness of back-fat (including rind) in millimetres, measured at 7 centimetres off the midline of the carcase between the second and third last rib (measurement known as ‘P2’),M (UFOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (UFOM).The formula shall be valid for carcases weighing between 60 and 120 kilograms.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases(1), and in particular Article 5(2) thereof,
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; the authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; this tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of the Czech Republic has requested the Commission to authorise four methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.
(4) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(5) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:

Article 1
The use of the following methods is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in the Czech Republic:
—
the grading method known as ‘Zwei-Punkte-Messverfahren (ZP)’ and assessment methods related thereto, details of which are given in Part 1 of the Annex,
—
the apparatus termed ‘Fat-O-Meater (FOM)’ and assessment methods related thereto, details of which are given in Part 2 of the Annex,
—
the apparatus termed ‘Hennessy Grading Probe (HGP 4)’ and assessment methods related thereto, details of which are given in Part 3 of the Annex,
—
the apparatus termed ‘Ultra FOM 300’ and assessment methods related thereto, details of which are given in Part 4 of the Annex.
The grading method ‘Zwei-Punkte-Messverfahren (ZP)’ may be applied only in slaughterhouses which do not exceed a weekly slaughtering of 200 pigs.
As regards the apparatus ‘Ultra FOM 300’ it is laid down that after the end of the measurement procedure it must be possible to verify on the carcase that the apparatus measured the values of measurement P2on the site provided for in the Annex, Part 4, point 3. The corresponding marking of the measurement site must be made at the same time as the measurement procedure.

Article 2
Modifications of the apparata or the assessment methods shall not be authorised.

Article 3
This Decision is addressed to the Czech Republic.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases(1), and in particular Article 5(2) thereof,
(1) Article 2(3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; the authorisation of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; this tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(2).
(2) The Government of the Czech Republic has requested the Commission to authorise four methods for grading pig carcases and has submitted the results of its dissection trials which were executed before the day of accession, by presenting part two of the protocol provided for in Article 3 of Regulation (EEC) No 2967/85.
(3) The evaluation of this request has revealed that the conditions for authorising these grading methods are fulfilled.
(4) No modification of the apparata or grading methods may be authorised except by means of a new Commission Decision adopted in the light of experience gained; for this reason, the present authorisation may be revoked.
(5) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS DECISION:
The use of the following methods is hereby authorised for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in the Czech Republic:
—
the grading method known as ‘Zwei-Punkte-Messverfahren (ZP)’ and assessment methods related thereto, details of which are given in Part 1 of the Annex,
—
the apparatus termed ‘Fat-O-Meater (FOM)’ and assessment methods related thereto, details of which are given in Part 2 of the Annex,
—
the apparatus termed ‘Hennessy Grading Probe (HGP 4)’ and assessment methods related thereto, details of which are given in Part 3 of the Annex,
—
the apparatus termed ‘Ultra FOM 300’ and assessment methods related thereto, details of which are given in Part 4 of the Annex.
The grading method ‘Zwei-Punkte-Messverfahren (ZP)’ may be applied only in slaughterhouses which do not exceed a weekly slaughtering of 200 pigs.
As regards the apparatus ‘Ultra FOM 300’ it is laid down that after the end of the measurement procedure it must be possible to verify on the carcase that the apparatus measured the values of measurement P2on the site provided for in the Annex, Part 4, point 3. The corresponding marking of the measurement site must be made at the same time as the measurement procedure.
Modifications of the apparata or the assessment methods shall not be authorised.
This Decision is addressed to the Czech Republic.

Methods for grading pig carcases in the Czech Republic

ANNEXPART 1Zwei-Punkte-Messverfahren (ZP)
| 1. | Grading of pig carcases shall be carried out by use of the method termed ‘Zwei-Punkte-Messverfahren (ZP)’.
| 2. | The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (ZP)= thickness of fat (including rind), measured by a slide rule in the point where the musculus gluteus medius (m.g.m.) is the most convex (mm),M (ZP)= thickness of muscle measured by a slide rule at the shortest connection between the cranial end of the m.g.m. and the dorsal edge of the vertebral canal.The formula shall be valid for carcases weighing between 60 and 120 kilograms.PART 2Fat-O-Meater (FOM)
| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Fat-O-Meater (FOM)’.
| 2. | The apparatus shall be equipped with a probe of six millimetres diameter containing a photodiode of the Siemens SFH 950/960 type and having an operating distance of between 3 and 103 millimetres. The results of the measurements are converted into estimated lean meat content by means of a computer.
| 3. | The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (FOM)= the thickness of back-fat (including rind) in millimetres, measured at 6,5 centimetres off the midline of the carcase, between the second and third last rib,M (FOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (FOM).The formula shall be valid for carcases weighing between 60 and 120 kilograms.PART 3Hennessy Grading Probe (HGP 4)
| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Hennessy Grading Probe (HGP 4)’.
| 2. | The apparatus shall be equipped with a probe of 5,95 millimetres diameter (and of 6,3 millimetres at the blade on top of the probe) containing a photodiode (Siemens LED of the type LYU 260-EO) and photodetector of the type 58 MR and having an operating distance of between 0 and 120 millimetres. The results of the measurements shall be converted into estimated lean meat content by means of the HGP 4 itself or a computer linked to it.
| 3. | The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (HGP)= the thickness of back-fat (including rind) in millimetres, measured at 7,5 centimetres off the midline of the carcase, between the second and third last rib,M (HGP)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (HGP).The formula shall be valid for carcases weighing between 60 and 120 kilograms.PART 4ULTRA-FOM 300
| 1. | Grading of pig carcases shall be carried out by means of the apparatus termed ‘Ultra-FOM 300’.
| 2. | The apparatus shall be equipped with an ultrasonic probe at 3,5 MHz. The ultrasonic signal is digitised, stored and processed by a microprocessor.The results of the measurements shall be converted into estimated lean meat content by means of the Ultra-FOM apparatus itself.
| 3. | The lean meat content of the carcase shall be calculated according to the following formula:where:ý= the estimated percentage of lean meat in the carcase,S (UFOM)= the thickness of back-fat (including rind) in millimetres, measured at 7 centimetres off the midline of the carcase between the second and third last rib (measurement known as ‘P2’),M (UFOM)= the thickness of muscle in millimetres, measured at the same time and in the same place as S (UFOM).The formula shall be valid for carcases weighing between 60 and 120 kilograms.

Pending: 32004D0858

January 16, 2026
16.12.2004 EN Official Journal of the European Union L 369/73
(1) Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by the said Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this Decision does not affect the scope of the Regulation.
(2) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.
(3) Management of the programme of Community action in the field of public health, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002(2), involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(4) The delegation to an executive agency of tasks related to programme implementation is possible, with a clear separation between the project programming stage, which is the task of the Commission, and the project implementation stage, which would be entrusted to the executive agency.
(5) A cost-benefit study carried out for that purpose showed that the executive agency would be a more economical means of improving the effectiveness of the way in which the public health programme is implemented. Based on the characteristics of this programme, the emphasis is on delegating technical tasks, the main aim being to strengthen the connections between the said Community programme and communities of experts in the Member States.
(6) The agency will have to mobilise high-level expertise in order to meet the objectives defined by the Commission and under its control. The agency will also have to make it possible to optimise the implementation of the programme by facilitating the recruitment of specialists in public health matters.
(7) In addition to its tasks in the long term, the agency will improve flexibility in the implementation of the programme. The agency's annual work programme will ensure that it supports the setting of annual priorities for the implementation of the public health programme, arranged and decided by the Commission following the opinion of the programme committee.
(8) Management based on the results obtained by the agency, together with the establishment of the necessary procedures and channels of control and coordination, will make it possible to simplify the ways in which the programme is implemented by the Commission. The Commission will be able to capitalise on the technical work carried out by the agency, by developing, in parallel and in an appropriate manner, tasks which require political discretion. The Commission will also develop tasks relating to the implementation of the programme which it would be inappropriate to entrust to the agency.
(9) Cooperation between the agency and the Commission, and the accomplishment of the agency's specific tasks as regards disseminating information and providing assistance to networks, should help to raise the profile of Community action in the field of public health.
(10) The measures provided for in this Decision are in accordance with the opinion of the Committee for Executive Agencies,
(a) managing all the phases in the lifetime of specific projects, in the context of implementing the programme on public health, on the basis of Decision No 1786/2002/EC and of the work plan provided for in that Decision and adopted by the Commission, and the necessary checks to that end, taking the relevant decisions where the Commission has empowered it to do so;
(b) adopting the instruments of budget execution for revenue and expenditure and carrying out, where the Commission has empowered it to do so, all the operations necessary for the management of the Community programme and, in particular, those linked to the award of contracts and grants;
(c) providing logistical, scientific and technical support, in particular by organising technical meetings (management of expert working groups), preparatory studies, seminars or conferences.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3(1) thereof,
(1) Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by the said Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this Decision does not affect the scope of the Regulation.
(2) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.
(3) Management of the programme of Community action in the field of public health, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002(2), involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(4) The delegation to an executive agency of tasks related to programme implementation is possible, with a clear separation between the project programming stage, which is the task of the Commission, and the project implementation stage, which would be entrusted to the executive agency.
(5) A cost-benefit study carried out for that purpose showed that the executive agency would be a more economical means of improving the effectiveness of the way in which the public health programme is implemented. Based on the characteristics of this programme, the emphasis is on delegating technical tasks, the main aim being to strengthen the connections between the said Community programme and communities of experts in the Member States.
(6) The agency will have to mobilise high-level expertise in order to meet the objectives defined by the Commission and under its control. The agency will also have to make it possible to optimise the implementation of the programme by facilitating the recruitment of specialists in public health matters.
(7) In addition to its tasks in the long term, the agency will improve flexibility in the implementation of the programme. The agency’s annual work programme will ensure that it supports the setting of annual priorities for the implementation of the public health programme, arranged and decided by the Commission following the opinion of the programme committee.
(8) Management based on the results obtained by the agency, together with the establishment of the necessary procedures and channels of control and coordination, will make it possible to simplify the ways in which the programme is implemented by the Commission. The Commission will be able to capitalise on the technical work carried out by the agency, by developing, in parallel and in an appropriate manner, tasks which require political discretion. The Commission will also develop tasks relating to the implementation of the programme which it would be inappropriate to entrust to the agency.
(9) Cooperation between the agency and the Commission, and the accomplishment of the agency’s specific tasks as regards disseminating information and providing assistance to networks, should help to raise the profile of Community action in the field of public health.
(10) The measures provided for in this Decision are in accordance with the opinion of the Committee for Executive Agencies,
DECIDES:

Establishment
Article 1
1. An executive agency for the management of the Community programme in the field of public health (the Agency), the statute of which is laid down in Regulation (EC) No 58/2003, is hereby established.
2. The name of the Agency shall be the ‘Executive Agency for the Public Health Programme’.

Location
Article 2
The Agency shall be located in Luxembourg.

Term
Article 3
The Agency is hereby established for a period beginning on 1 January 2005 and ending on 31 December 2010.

Objectives and tasks
Article 4
1. Under the Community programme in the field of public health established by Decision No 1786/2002/EC (framework Decision), the Agency is hereby entrusted with implementing the tasks concerning Community aid under the programme, except for programme evaluation, monitoring of legislation, or any other action which could come under the exclusive competence of the Commission. In particular, it is hereby entrusted with the following tasks:
(a)
managing all the phases in the lifetime of specific projects, in the context of implementing the programme on public health, on the basis of Decision No 1786/2002/EC and of the work plan provided for in that Decision and adopted by the Commission, and the necessary checks to that end, taking the relevant decisions where the Commission has empowered it to do so;
(b)
adopting the instruments of budget execution for revenue and expenditure and carrying out, where the Commission has empowered it to do so, all the operations necessary for the management of the Community programme and, in particular, those linked to the award of contracts and grants;
(c)
providing logistical, scientific and technical support, in particular by organising technical meetings (management of expert working groups), preparatory studies, seminars or conferences.
2. The Commission decision delegating authority to the Agency shall set out in detail all the tasks entrusted to the Agency. It shall be forwarded to the Committee for Executive Agencies by way of information.

Organisational structure
Article 5
1. The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.
2. The members of the Steering Committee shall be appointed for two years.
3. The Director shall be appointed for four years.

Grant
Article 6
The Agency shall receive a grant entered in the general budget of the European Union and taken from the funds allocated to the programme on public health.

Supervision and reporting requirement
Article 7
The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible, in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget
Article 8
The Agency shall implement its operating budget in accordance with the provisions of the standard financial regulation(3).

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3(1) thereof,
(1) Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by the said Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this Decision does not affect the scope of the Regulation.
(2) The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.
(3) Management of the programme of Community action in the field of public health, adopted by Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002(2), involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(4) The delegation to an executive agency of tasks related to programme implementation is possible, with a clear separation between the project programming stage, which is the task of the Commission, and the project implementation stage, which would be entrusted to the executive agency.
(5) A cost-benefit study carried out for that purpose showed that the executive agency would be a more economical means of improving the effectiveness of the way in which the public health programme is implemented. Based on the characteristics of this programme, the emphasis is on delegating technical tasks, the main aim being to strengthen the connections between the said Community programme and communities of experts in the Member States.
(6) The agency will have to mobilise high-level expertise in order to meet the objectives defined by the Commission and under its control. The agency will also have to make it possible to optimise the implementation of the programme by facilitating the recruitment of specialists in public health matters.
(7) In addition to its tasks in the long term, the agency will improve flexibility in the implementation of the programme. The agency’s annual work programme will ensure that it supports the setting of annual priorities for the implementation of the public health programme, arranged and decided by the Commission following the opinion of the programme committee.
(8) Management based on the results obtained by the agency, together with the establishment of the necessary procedures and channels of control and coordination, will make it possible to simplify the ways in which the programme is implemented by the Commission. The Commission will be able to capitalise on the technical work carried out by the agency, by developing, in parallel and in an appropriate manner, tasks which require political discretion. The Commission will also develop tasks relating to the implementation of the programme which it would be inappropriate to entrust to the agency.
(9) Cooperation between the agency and the Commission, and the accomplishment of the agency’s specific tasks as regards disseminating information and providing assistance to networks, should help to raise the profile of Community action in the field of public health.
(10) The measures provided for in this Decision are in accordance with the opinion of the Committee for Executive Agencies,
DECIDES:

Establishment

1. An executive agency for the management of the Community programme in the field of public health (the Agency), the statute of which is laid down in Regulation (EC) No 58/2003, is hereby established.
2. The name of the Agency shall be the ‘Executive Agency for the Public Health Programme’.

Location

The Agency shall be located in Luxembourg.

Term

The Agency is hereby established for a period beginning on 1 January 2005 and ending on 31 December 2010.

Objectives and tasks

1. Under the Community programme in the field of public health established by Decision No 1786/2002/EC (framework Decision), the Agency is hereby entrusted with implementing the tasks concerning Community aid under the programme, except for programme evaluation, monitoring of legislation, or any other action which could come under the exclusive competence of the Commission. In particular, it is hereby entrusted with the following tasks:
(a)
managing all the phases in the lifetime of specific projects, in the context of implementing the programme on public health, on the basis of Decision No 1786/2002/EC and of the work plan provided for in that Decision and adopted by the Commission, and the necessary checks to that end, taking the relevant decisions where the Commission has empowered it to do so;
(b)
adopting the instruments of budget execution for revenue and expenditure and carrying out, where the Commission has empowered it to do so, all the operations necessary for the management of the Community programme and, in particular, those linked to the award of contracts and grants;
(c)
providing logistical, scientific and technical support, in particular by organising technical meetings (management of expert working groups), preparatory studies, seminars or conferences.
2. The Commission decision delegating authority to the Agency shall set out in detail all the tasks entrusted to the Agency. It shall be forwarded to the Committee for Executive Agencies by way of information.

Organisational structure

1. The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.
2. The members of the Steering Committee shall be appointed for two years.
3. The Director shall be appointed for four years.

Grant

The Agency shall receive a grant entered in the general budget of the European Union and taken from the funds allocated to the programme on public health.

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible, in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of the standard financial regulation(3).