Commission Decision of 4 May 2007 lifting prohibitions on the movement of certain animal products on the island of Cyprus under Council Regulation (EC) No 866/2004 and laying down conditions for the movement of those products (notified under document number C(2007) 1911) (Text with EEA relevance) (2007/330/EC)Text with EEA relevance

Article 1

The prohibitions under Article 4(9) of Regulation (EC) No 866/2004 on the movement of animal products across the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control and the areas in which it does, shall no longer apply in respect of the animal products referred to in Annexes I, II and III to this Decision.

Trade in those products shall be subject to the conditions set out in the respective Annex.

Article 2

This Decision is addressed to the Member States.

ANNEX I

Fresh Fish

Animal Product: Fresh fish

B. Conditions

1. Fresh fish must be directly landed from fishing vessels on which catches are kept for less than 24 hours. Those fishing vessels must operate in compliance with the requirements in Annex III, Section VIII, Chapters I(I)(A) and II of 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⁽¹⁾.

Independent experts appointed by the Commission must inspect the vessels and forward the list of compliant vessels to the Commission. The Commission will communicate that list to the competent veterinary authority of the Republic of Cyprus and make it available on its website.

2. Each consignment of fresh fish must be accompanied by a document issued in accordance with Article 2 of Regulation (EC) No 1480/2004. That document must be issued by the Turkish Cypriot Chamber of Commerce, duly authorised for that purpose by the Commission in agreement with the Government of the Republic of Cyprus, or by another body so authorised in agreement with the latter. That document must be issued in accordance with the procedure laid down in Article 4(5) and (6) of Regulation (EC) No 866/2004 and must state that the fish are directly landed from fishing vessels which are on the list of compliant vessels mentioned in point 1, which will be duly provided.

3. Fresh fish must be intended for retail shops, restaurants or sale direct to consumers.

ANNEX II

Honey for human consumption

Animal Product: Honey for human consumption

B. Conditions

1. The honey must be wholly produced by producers residing in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

2. The honey must be transported either:

in bulk; or
packaged in individual containers suitable for the market in an undertaking equipped for this purpose in accordance with Annex I, Part A, II of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs⁽²⁾.

3. Each consignment of honey must be accompanied by a document issued in accordance with Article 2 of Regulation (EC) No 1480/2004. That document must be issued by the Turkish Cypriot Chamber of Commerce, duly authorised for that purpose by the Commission in agreement with the Government of the Republic of Cyprus, or by another body so authorised in agreement with the latter. That document must be issued in accordance with the procedure laid down in Article 4(5) and (6) of Regulation (EC) No 866/2004 and must state that the honey meets the conditions set out in point 1.

4. Before trade in honey may begin 10 samples of honey must be taken in the production chain by independent experts appointed by the Commission and analysed, and the results of the analysis must be transmitted to the Commission. The Commission will communicate the results of the analyses to the competent veterinary authority of the Republic of Cyprus and make it available on its website.

The analyses must be carried out in an approved laboratory as defined in Article 2(f) of Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC⁽³⁾. The breakdown of the samples must be the following:

six of the samples for testing antibiotics (group B(1)) and carbamates and pyrethroids (group B(2) antiparasitic substances);
four of the samples for testing pesticides (group B(3)(a) for organochlorines, group B(3)(b) for organophosphorus) and heavy metals (group B(3)(c)).

5. The sampling and analysis referred to in point 4 must be repeated each year.

6. Honey which is moved pursuant to this Decision shall be subject to the requirements set out in Council Directive 2001/110/EC of 20 December 2001 relating to honey⁽⁴⁾.

ANNEX III‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO)

A. Animal Product: ‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO)

B. Conditions to be met before trade can take place

1. Animal health status

The animal health status in the areas of the Republic of Cyprus not under the effective control of the Government of the Republic of Cyprus must in a first step be established favourably according to internationally agreed standards of the World Organisation for Animal Health for all the diseases referred to in points 5 and 6(a) of Part C allowing the trade of ‘Χαλλούμι’ (Halloumi)/‘Hellim’ (PDO) under the conditions as referred to in Commission Implementing Regulation (EU) 2021/591⁽⁵⁾. Where international standards do not exist, the determination must be made in accordance with other relevant criteria applied by the Commission concerning animal health status. The necessary investigations and collection of evidence must be carried out by the delegated body referred to in Part D. Once the animal health status can be established on the basis of scientific evidence provided by the delegated body referred to in Part D, it is envisaged that the Commission adopts a Decision recognising this status in accordance with applicable procedures. The status must be notified to the World Organisation for Animal Health.

2. Monitoring of residues

Once the animal health status has been established favourably in accordance with point 1 of this Part, the delegated body referred to in Part D must prepare an annual programme for the monitoring of residues that is based on data of milk production. It is envisaged that the Commission approves that programme every year through a Decision. Criteria analogous to those applied by the Commission for the evaluation of the annual programmes for the monitoring of residues must be used.

3. Approval of eligible dairies

The delegated body referred to in Part D must inspect the milk processing establishments for compliance with Annex II to Regulation (EC) No 852/2004 and Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004. It must approve those establishments eligible for the movement of the product across the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control and the areas in which it does.

4. Experts of the delegated body referred to in Part D must establish that the conditions under points 1 to 3 of this Part are met.

C. General conditions applicable to trade

1. The product must be wholly produced by a producer residing in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

2. The product has been certified as compliant with the requirements of Implementing Regulation (EU) 2021/591

3. All stages of the production process for the product have been inspected by the delegated body referred to in Part D.

4. Experts of the delegated body referred to in Part D have certified that the conditions listed in points 5 to 11 of this Part have been met.

5. The areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control have been free from foot-and-mouth disease for at least 12 months.

6. All establishments where cows, sheep or goats are kept in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control:

are not under restrictions due to bovine tuberculosis, bovine brucellosis or ovine and caprine brucellosis;
satisfy the health conditions laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004;
satisfy the animal health conditions laid down in Chapter I of Directive 2002/99/EC⁽⁶⁾; and
implement the prohibition to feed ruminants with meat-and-bone meal, greaves and processed animal protein derived from ruminants.

7. From the date of entry into force of this Decision, cows, sheep and goats have been transferred into the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control only from countries that are authorised to export such animals to the European Union, as listed in Part 1 of Annex I to Commission Regulation (EU) No 206/2010⁽⁷⁾ and certified in accordance with Part 2 of Annex I to that Regulation.

8. The milk used to produce the product:

came from identified animals from registered establishments which keep records on animal movements to ensure traceability;
was produced, collected, cooled, stored and transported in accordance with the hygiene conditions laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004;
satisfied the plate and somatic cell count criteria laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004;
did not contain residues of antimicrobial compounds at concentrations in excess of the maximum authorised limit laid down in the Annex to Commission Regulation (EU) No 37/2010⁽⁸⁾;
did not contain residues of pesticides at concentrations in excess of the maximum residue levels laid down in Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council⁽⁹⁾; and
did not contain contaminants at concentrations in excess of the maximum levels laid down by Commission Regulation (EC) No 1881/2006⁽¹⁰⁾.

9. Dairies producing the product have implemented a programme based on Hazard Analysis and Critical Control Points (HACCP) principles in accordance with Regulation (EC) No 852/2004.

10. The product has been processed, stored, wrapped, packaged and transported in accordance with the relevant conditions laid down in Annex II to Regulation (EC) No 852/2004 and in Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004.

11. The product has been produced according to the criteria laid down in Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004.

12. Each consignment of the product must be accompanied by a document issued in accordance with Article 2 of Regulation (EC) No 1480/2004. That document must be issued by the Turkish Cypriot Chamber of Commerce, duly authorised for that purpose by the Commission in agreement with the Government of the Republic of Cyprus, or by another body so authorised in agreement with the latter. That document must be issued in accordance with the procedure laid down in Article 4(5) and (6) of Regulation (EC) No 866/2004 and must state that the product meets the conditions set out in this Part.

13. The product must bear a health and identification marking in compliance with Article 5 of Regulation (EC) No 853/2004.

14. Each consignment of the product must be accompanied by the following animal health and public health attestations signed by an expert of the delegated body referred to in Part D:

‘PUBLIC HEALTH AND ANIMAL HEALTH ATTESTATION

Reference number:

I. Public health attestation

I, an expert appointed by the delegated body mentioned in point D of Annex III to Decision 2007/330/EC, declare that I am aware of the relevant provisions of Annex III to Decision 2007/330/EC as well as of those of Regulations (EC) No 178/2002⁽¹¹⁾, (EC) No 852/2004⁽¹²⁾, (EC) No 853/2004⁽¹³⁾ and (EU) 2017/625⁽¹⁴⁾ and (EU) 2019/627⁽¹⁵⁾ and hereby certify that the product described above was produced in accordance with those provisions, in particular that:

it was manufactured from raw milk:
1. which comes from holdings registered in accordance with Regulation (EC) No 852/2004 and checked in accordance with Articles 49 and 50 of Implementing Regulation (EU) 2019/627;
2. which was produced, collected, cooled, stored and transported in accordance with the hygiene conditions laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004;
3. which meets the plate and somatic cell count criteria laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004;
4. which complies with the guarantees on the residues status of raw milk provided by the monitoring plans for the detection of residues or substances submitted in accordance with Article 29 of Council Directive 96/23/EC⁽¹⁶⁾;
5. which, pursuant to testing for residues of antibacterial drugs carried out by the food business operator in accordance with the requirements of Annex III, Section IX, Chapter 1, Part III, point 4 of Regulation (EC) No 853/2004, it complies with the maximum residue limits for residues of antibacterial veterinary medicinal products laid down in the Annex to Commission Regulation (EU) No 37/2010⁽¹⁷⁾;
6. which has been produced under conditions guaranteeing compliance with the maximum residue levels for pesticides laid down in Regulation (EC) No 396/2005 of the European Parliament and of the Council⁽¹⁸⁾, and the maximum levels for contaminants laid down in Commission Regulation (EC) No 1881/2006⁽¹⁹⁾.
it comes from (an) establishment(s) applying general hygiene requirements and implementing a programme based on the hazard analysis and critical control points (HACCP) principles in accordance with Article 5 of Regulation (EC) No 852/2004, regularly audited by the competent authorities;
it has been processed, stored, wrapped, packaged and transported in accordance with the relevant hygiene conditions laid down in Annex II to Regulation (EC) No 852/2004 and Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004;
it meets the relevant criteria laid down in Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004 and the relevant microbiological criteria in Commission Regulation (EC) No 2073/2005⁽²⁰⁾ on microbiological criteria for foodstuffs;
it has undergone or been produced from raw milk which has been submitted to a heat treatment referred to in Part II.1.2, and sufficient to ensure, where applicable, a negative reaction to an alkaline phosphatase test applied immediately after the heat treatment;
the product has been produced under conditions guaranteeing compliance with the maximum residue levels for pesticides laid down in Regulation (EC) No 396/2005, and the maximum levels for contaminants laid down in Regulation (EC) No 1881/2006.

II. Animal health attestation

The product:

	II.1.1 originates from the those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; and
^either	II.1.2. has been processed from raw milk obtained from only one species of animals, in particular from the species [Bos taurus]⁽¹⁾ [Ovis aries]⁽¹⁾ [Capra hircus]⁽¹⁾ and the raw milk used for the processing of the dairy product has undergone:
	^either	[a sterilisation process, to achieve an F0 value equal to or greater than 3.]⁽¹⁾
	^or	[a ultra-high temperature (UHT) treatment at not less than 135 °C in combination with a suitable holding time.]⁽¹⁾
	^or	[a high temperature short time pasteurisation treatment (HTST) at 72 °C for 15 seconds applied twice to milk with a pH equal to or greater than 7,0 achieving, where applicable, a negative reaction to a alkaline phosphatase test, applied immediately after the heat treatment.]⁽¹⁾
	^or	[a HTST treatment of milk with a pH below 7,0.]⁽¹⁾
	^or	[a HTST treatment combined with another physical treatment by:
	^either	[(i) lowering the pH below 6 for one hour.]⁽¹⁾
	^or	[(ii) additional heating equal to or greater than 72 °C, combined with desiccation.]⁽¹⁾]⁽¹⁾
^or	II.1.2. has been processed mixing raw milk obtained from animals of the following species: [Bos taurus,]⁽¹⁾ [Ovis aries,]⁽¹⁾ [Capra hircus,]⁽¹⁾ and [before]⁽¹⁾ [after]⁽¹⁾ mixing all the raw milk used for the processing of the dairy product has undergone:
	^either	[a sterilisation process, to achieve an F0 value equal to or greater than 3.]⁽¹⁾
	^or	[a ultra-high temperature (UHT) treatment at not less than 135 °C in combination with a suitable holding time.]⁽¹⁾
	^or	[a high temperature short time pasteurisation treatment (HTST) at 72 °C for 15 seconds applied twice to milk with a pH equal to or greater than 7,0 achieving, where applicable, a negative reaction to a alkaline phosphatase test, applied immediately after the heat treatment.]⁽¹⁾
	^or	[a HTST treatment of milk with a pH below 7,0.]⁽¹⁾
	^or	[a HTST treatment combined with another physical treatment by:
	^either	[(i) lowering the pH below 6 for one hour.]⁽¹⁾
	^or	[(ii)additional heating equal to or greater than 72 °C, combined with desiccation.]⁽¹⁾]⁽¹⁾
^or	II.1.3. after the completion of the treatment referred to in point II.1.2, has been handled until packaged in a way to prevent any cross contamination that could introduce an animal health risk.

D. Controls

The Republic of Cyprus, applying procedures analogous to those in Chapter III of Title II of Regulation (EU) 2017/625, must delegate to a delegated body the powers necessary to conduct all inspections and controls needed to ensure compliance with Union animal health and food safety requirements in the chain of production of the product.