Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents

• Published date: 12 December 2003
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 325, 12 dicembre 2003,Diario Oficial de la Unión Europea, L 325, 12 de diciembre de 2003,Journal officiel de l’Union européenne, L 325, 12 décembre 2003

2003R2160 — EN — 01.07.2013 — 007.003

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B REGULATION (EC) No 2160/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (OJ L 325 12.12.2003, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EC) No 1003/2005 of 30 June 2005	L 170	12	1.7.2005
►M2	COUNCIL REGULATION (EC) No 1791/2006 of 20 November 2006	L 363	1	20.12.2006
►M3	COMMISSION REGULATION (EC) No 1237/2007 of 23 October 2007	L 280	5	24.10.2007
►M4	COMMISSION REGULATION (EC) No 213/2009 of 18 March 2009	L 73	5	19.3.2009
►M5	REGULATION (EC) No 596/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 June 2009	L 188	14	18.7.2009
►M6	COMMISSION REGULATION (EU) No 517/2011 of 25 May 2011	L 138	45	26.5.2011
►M7	COMMISSION REGULATION (EU) No 1086/2011 of 27 October 2011	L 281	7	28.10.2011
►M8	COUNCIL REGULATION (EU) No 517/2013 of 13 May 2013	L 158	1	10.6.2013

Corrected by:

►C1 Corrigendum, OJ L 068, 13.3.2015, p. 90 (517/2011)

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▼B

REGULATION (EC) No 2160/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 November 2003

on the control of salmonella and other specified food-borne zoonotic agents

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission ( 1 ),

Having regard to the opinion of the European Economic and Social Committee ( 2 ),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 3 ),

Whereas:

(1) Live animals and food of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of food of animal origin constitute an important source of income for farmers. The implementation of veterinary measures aimed at raising the level of public and animal health in the Community assists the rational development of the farming sector.

(2) The protection of human health against diseases and infections transmissible directly or indirectly between animals and humans (zoonoses) is of paramount importance.

(3) Zoonoses transmissible through food may cause human suffering, as well as economic losses to food production and the food industry.

(4) Zoonoses transmitted through sources other than food, especially from wild animal and pet animal populations, are also a matter of concern.

(5) Zoonoses present at the level of primary production must be adequately controlled to ensure that the objectives of this Regulation are achieved. However, in the case of primary production leading to the direct supply of small quantities of primary products, by the food business operator producing them, to the final consumer or to local shops, it is appropriate to protect public health through national law. In this case there is a close relationship between the producer and the consumer. Such production should not make a significant contribution to the average prevalence of zoonoses in animal populations in the Community as a whole. The general requirements for sampling and analysis may not be practical or appropriate for producers with very small numbers of animals who may be located in regions suffering from special geographical constraints.

(6) Council Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications ( 4 ) provided for the establishment of monitoring systems for certain zoonoses and controls on salmonella in certain poultry flocks.

(7) That Directive required Member States to submit to the Commission the national measures that they had taken to achieve the objectives of the Directive and to draw up plans for monitoring salmonella in poultry. However, Council Directive 97/22/EC ( 5 ) amending Directive 92/117/EEC suspended the requirement pending the review provided for in Article 15a of Directive 92/117/EEC.

(8) Several Member States have already submitted their plans for the monitoring of salmonella, which the Commission has approved. Moreover, all Member States were required, with effect from 1 January 1998, to fulfil the minimum measures laid down for salmonella in Annex III, Section I, to Directive 92/117/EEC, and to establish rules specifying the measures to be taken to avoid the introduction of salmonella on to a farm.

(9) Those minimum measures focused on monitoring and controlling salmonella in breeding flocks of the species Gallus gallus. When serotypes Salmonella enteritidis or Salmonella typhimurium were detected and confirmed in samples taken, Directive 92/117/EEC laid down specific measures to control the infection.

(10) Other Community legislation provides for the monitoring and control of certain zoonoses in animal populations. In particular Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine ( 6 ) deals with bovine tuberculosis and bovine brucellosis. Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals ( 7 ) deals with ovine and caprine brucellosis. This Regulation should not create any unnecessary duplication of these existing requirements.

(11) Moreover, future Community legislation on food hygiene should cover specific elements necessary for the prevention, control and monitoring of zoonoses and zoonotic agents and include specific requirements for the microbiological quality of food.

(12) Directive 92/117/EEC provided for the collection of data on the occurrence of zoonoses and zoonotic agents in feedingstuffs, animals, food and humans. That data collection system, although not harmonised and therefore not allowing comparison between Member States, does provide a basis for evaluating the current situation concerning zoonoses and zoonotic agents in the Community.

(13) The results of the data collection system show that certain zoonotic agents, namely Salmonella spp. and Campylobacter spp., cause the majority of cases of zoonoses in humans. There seems to be a decreasing trend of human cases of salmonellosis, in particular due to Salmonella enteritidis and Salmonella typhimurium, thus reflecting the success of related control measures taken in the Community. Nevertheless, it is assumed that many cases remain unreported and therefore the data collected do not necessarily give the full picture of the situation.

(14) In its opinion on zoonoses adopted on 12 April 2000, the Scientific Committee on Veterinary Measures relating to Public Health considered that the measures in place at that time to control food-borne zoonotic infections were insufficient. It further considered that the epidemiological data that Member States were collecting were incomplete and not fully comparable. As a consequence, the Committee recommended improved monitoring arrangements and identified risk management options.

(15) It is therefore necessary to improve the existing control systems for specific zoonotic agents. Simultaneously, the rules laid down in Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC ( 8 ) will replace the monitoring and data collection systems established by Directive 92/117/EEC.

(16) In principle, controls should cover the whole food chain, from farm to table.

(17) The rules governing such controls should generally be those laid down under Community legislation on feedingstuffs, animal health and food hygiene.

(18) However, for certain zoonoses and zoonotic agents it is necessary to lay down specific requirements for controls.

(19) Those specific requirements should be based on targets for the reduction of the prevalence of zoonoses and zoonotic agents.

(20) The targets should be established for zoonoses and zoonotic agents in animal populations taking account, in particular, of their frequency and epidemiological trends in animal and human populations, feed and food, their gravity for humans, their potential economic consequences, scientific advice and the existence of appropriate measures to reduce their prevalence. Targets may be established in respect of other parts of the food chain, where necessary.

(21) To ensure the achievement of the targets in good time, Member States should set up specific control programmes, which the Community should approve.

(22) The main responsibility for the safety of food should lie with food and feed business operators. Member States should, therefore, encourage the creation of business-wide control programmes.

(23) Within their control programmes, Member States and food and feed business operators may wish to use specific control methods. However, certain methods may not be acceptable, in particular if they hamper the achievement of the target in general, interfere specifically with necessary testing systems or give rise to potential threats to public health. Appropriate procedures should therefore be laid down

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