# Commission Regulation (EU) No 790/2010 of 7 September 2010 amending Annexes VII, X and XI to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption (Text with EEA relevance), Annex

Extent: E+W+S+N.I.

Annexes VII, X and XI to Regulation (EC) No 1774/2002 are amended as follows:
1.. in Annex VII, Chapter V is amended as follows:
(a) the heading is replaced by the following:
‘CHAPTER V
Specific requirements for milk, milk products, colostrum and colostrum products;’
(b) Part A is amended as follows:
(i) paragraph 3 is replaced by the following:
‘3.
Whey to be fed to animals of species susceptible to foot-and-mouth disease and produced from milk treated in accordance with paragraph 1 must:
(a) either be collected at least 16 hours following milk clotting and its pH must be recorded as below 6,0 before transport to animal holdings; or
(b) have been produced at least 21 days before shipping and during that period no case of foot-and-mouth disease has been detected in the Member State of origin.’;
(ii) the following paragraph 6 is added:
‘6.
Colostrum and colostrum products must:
6.1. be obtained from bovine animals kept on a holding on which all bovine herds are recognised as officially tuberculosis-free, officially brucellosis-free and officially enzootic-bovine-leukosis-free as defined in Article 2(2)(d), (f) and (j) of Directive 64/432/EEC;
6.2. have been produced at least 21 days before shipping and during that period no case of foot-and-mouth disease has been detected in the Member State of origin;
6.3. have undergone a single HTST treatment;
6.4. comply with the requirements set out in paragraph 4.’
(c) Part B is amended as follows:
(i) paragraph 1.1 is replaced by the following:
‘1.1.
they come from third countries appearing on the list in Part I(A) of Annex XI;’;
(ii) paragraph 2 is replaced by the following:
‘2.
By way of derogation from paragraph 1.4, Member States shall authorise imports of milk and milk products from third countries so authorised in Column “A” of Annex I to Commission Decision 2004/438/EC provided that the milk and milk products have undergone a single HTST treatment and:
(a) have not been shipped before a period of at least 21 days has elapsed after production and during that period no case of foot-and-mouth disease has been detected in the exporting third country; or
(b) have been presented at an EU border inspection post at least 21 days after production and during that period no case of foot-and-mouth disease has been detected in the exporting third country.’;
(iii) the following paragraph 2a is inserted:
‘2a.
Member States shall authorise imports of colostrum or colostrum products of bovine animals provided that:
2a.1. they come from a third country appearing on the list in Part I(B) of Annex XI;
2a.2. they comply with the conditions set out in paragraphs 1.2 and 1.3;
2a.3. they have undergone a single HTST treatment and:
(a) have not been shipped before a period of at least 21 days has elapsed after production and during that period no case of foot-and-mouth disease has been detected in the exporting third country; or
(b) have been presented at an EU border inspection post at least 21 days after production and during that period no case of foot-and-mouth disease has been detected in the exporting third country;
2a.4. they have been obtained from bovine animals subject to regular veterinary inspections to ensure that animals come from holdings on which all bovine herds are:
(a) either recognised as officially tuberculosis free and officially brucellosis free as defined in Article 2(2)(d) and (f) of Directive 64/432/EEC or not restricted under the national legislation of the third country of origin of the colostrum regarding eradication of tuberculosis and brucellosis; and
(b) either recognised as official enzootic-bovine-leukosis-free as defined in Article 2(2)(j) of Directive 64/432/EEC or included in an official system for the control of enzootic-bovine-leukosis and there has been no evidence as a result of clinical and laboratory testing of this disease in the herd during the past two years;
2a.5. after completion of the processing, every precaution has been taken to prevent contamination of the colostrum or colostrum products;
2a.6. the final product has been labelled so as to indicate that it contains Category 3 material and is not intended for human consumption, and that it has been:
(a) packed in new containers; or
(b) transported in bulk in containers or other means of transport that before use were thoroughly cleansed and disinfected using a disinfectant approved for the purpose by the competent authority.’;
2.. in Annex X, Chapter 2 is replaced by the following:
‘CHAPTER 2
Health certificate
For milk, milk products, colostrum and colostrum products not intended for human consumption for dispatch to or transit through the European Union
’
3.. Annex XI is amended as follows:
(a) Part I is replaced by the following:
‘ PART I
List of third countries from which Member States may authorise imports of milk, milk products, colostrum and colostrum products (health certificate Chapter 2)
A.. Milk and milk products:
Third countries listed as authorised in any of the columns of Annex I to Decision 2004/438/EC.
B.. Colostrum and colostrum products:
Third countries listed as authorised in column “A” of Annex I to Decision 2004/438/EC.’;
(b) Part XII is replaced by the following:
‘ PART XII
List of third countries from which Member States may authorise imports of apiculture products (health certificate Chapter 13)
Third countries listed in part 1 of Annex II to Regulation (EU) No 206/2010, and the following country:
“(CM) Cameroon” ’.

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Source: https://www.legislation.gov.uk/eur/2010/790/annex (the official version)
Page: https://openlegislation.uk/eu-regulation-2010-790/annex
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

