Council Decision of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (79/542/EEC) (repealed)

[F1 Article 1 U.K. Subject matter and scope

This Decision establishes the sanitary conditions for the importation into the Community of live animals excluding equidae, and for the importation of fresh meat [F2 and meat products] of such animals, including equidae, but excluding meat preparations.

This Decision shall not apply to imports of non-domesticated animals for shows or exhibitions where such animals are not regularly kept or bred, and those non-domesticated animals forming part of circuses, or intended for scientific including conservation or experimental purposes in a body, institute or centre that has been approved in accordance with Annex C to Directive 92/65/EEC.

Imports of animals and fresh meat authorised in accordance with this Decision shall remain subject to other provisions that have been adopted, or may be adopted, under European food law.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

F2 Deleted by Commission Decision of 14 March 2005 amending Annex II to Council Decision 79/542/EEC as regards imports of fresh meat from Argentina (notified under document number C(2005) 602) (Text with EEA relevance) (2005/234/EC).

Article 2 U.K. Definitions

For the purposes of this Decision, the following definitions shall apply:

(a)

‘animals’: means land mammals of the species belonging to the taxa Proboscidea and Artiodactyla , and their crossbreeds;

(b)

‘ holding ’ : means a farm or other officially supervised agricultural, industrial or commercial undertaking, including zoos, amusement parks and wildlife or hunting reserves where animals are regularly kept or bred;

(c)

‘ trimmed offal ’ : means offal from which the bones, the cartilage, the trachea and main bronchi, the lymphatic glands and adhering connective tissue, the fat and the mucus have been completely removed; in the case of meat from domestic bovine animals, the whole masseter muscles, incised in accordance with point 41(a) of Chapter VIII of Annex I to Council Directive 64/433/EEC, are also considered as trimmed offal.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 3 U.K. Conditions for importation of live animals into the Community

Imports into the Community of live animals shall only be allowed if such animals comply with Articles 4, 5 and 6.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 4 U.K. Place of origin of live animals

The animals shall come from the territory of a third country or a part thereof as listed in columns 1, 2 and 3 of the table set out in Part 1 of Annex I for which, in the corresponding column 4, there is a specific model of veterinary certificate designated for these animals.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 5 U.K. Specific conditions

The animals shall meet the requirements set out in the appropriate certificate established in accordance with the corresponding model certificate drawn up under Part 2 of Annex I, taking into account the specific conditions indicated in column 6 of the table set out in Part 1 of Annex I, and, if so indicated in column 5 of the table, they shall also meet any supplementary guarantees required in that certificate.

If required by the Member State of destination, the animals concerned shall meet the additional certification requirements mentioned for that Member State and included in the certificate, based on the corresponding model set out in Part 2.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 6 U.K. Transport of live animals for importation into the Community

1. The animals shall not be loaded in a means of transport carrying other animals that are not destined for the Community or are of a lower health status.

2. During the transport to the Community, the animals shall not be unloaded in the territory of a third country or part of a third country that is not approved for importation into the Community of such animals.

3. During the transport to the Community, the animals shall not be moved by road, railway or on foot through the territory or part of the territory of a third country that is not approved for importation into the Community of such animals.

4. The animals shall arrive at a border inspection post of the Community within 10 days of the date of loading in the exporting third country and be accompanied by a veterinary certificate, drawn up in conformity with the corresponding model, completed and signed by an official veterinarian of the exporting third country.

In the case of transport by sea, the period of 10 days shall be prolonged by the time of the sea journey. For that purpose, a declaration by the master of the ship, drawn up in accordance with the addendum of Part 3A of Annex I, shall be attached in its original form to the veterinary certificate.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 7 U.K. Conditions to be applied following importation

Following the importation and in accordance with Directive 91/496/EEC,

(i)

animals intended for immediate slaughter shall be conveyed without delay to the slaughterhouse of destination where they shall be slaughtered within five working days;

(ii)

animals intended for breeding, production or fattening purposes, and animals intended for zoos, amusement parks and hunting or wildlife reserves, shall be conveyed without delay to the holding of destination where they shall remain for a minimum period of 30 days before further movement outside the holding, except in the case of direct dispatch to a slaughterhouse.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 8 U.K. Conditions for importation of fresh meat into the Community

Imports into the Community of fresh meat intended for human consumption, from the animals as defined in Article 2 and from equidae, shall only be allowed if such meat complies with Articles 9 to 11.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 9 U.K. Place of origin of fresh meat

The fresh meat shall come from the territory of a third country or a part thereof as listed in columns 1, 2 and 3 of the table set out in Part 1 of Annex II for which, in the corresponding column 4, there is a specific model of veterinary certificate designated for that meat.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 10 U.K. Specific conditions

The fresh meat shall meet the requirements set out in the appropriate certificate corresponding to the model certificate drawn up under Part 2 of Annex II, taking into account the specific conditions indicated in column 6 of the table set out in Part 1 of Annex II, and, if so indicated in column 5 of the table, it shall also meet the supplementary guarantees requested in that certificate.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 11 U.K. Presentation of fresh meat at a Community border inspection post

The fresh meat shall be presented at a Community border inspection post accompanied by a veterinary certificate, drawn up in conformity with the corresponding model, completed and signed by an official veterinarian of the exporting third country.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article 12 U.K. Conditions to be applied following importation

1. Following importation, the following categories of fresh meat shall be conveyed without delay to the processing establishment of destination, in accordance with Directive 97/78/EC:

(a) unskinned carcases of wild cloven-hoofed game intended for human consumption after further processing;

(b) trimmed offal of domestic bovine animals intended for human consumption as meat-based products after further heat-treatment by cooking to a core temperature of at least 80 °C, or sterilised in hermetically sealed containers in a way as to achieve a value of Fo ≥ 3.

2. For the categories of products referred to in paragraph 1(b), the establishment of destination shall be an establishment specifically approved and registered for processing those products by the Member State in which the establishment is situated.

3. In accordance with the procedures established by Decision 2001/106/EC, Member States shall communicate to each other and to the Commission:

(a) the names and addresses of the establishments referred to in paragraph 2 and of the local competent authority responsible for the supervision of these establishments, as well as

(b) the categories of products for which these establishments are approved and registered.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

[F3 Article 12a U.K.

Member States shall ensure that consignments of meat for human consumption, including minced meat, introduced onto the territory of the Community and which are destined for a third country either by transit immediately or after storage in accordance with Articles 12(4) or 13 of Directive 97/78/EC, and not intended for importation into the Community shall comply with the following requirements:

(a)

they shall come from the territory of a third country or a part thereof listed in Annex II, part 1, of this Decision for the import of fresh meat of that species;

(b)

they shall meet the specific animal health conditions for the species concerned set out in the corresponding model animal health certificate drawn up pursuant to Annex II, part 2;

(c)

they shall be accompanied by an animal health certificate established in accordance with the model laid down in Annex III, signed by an official veterinarian of the competent veterinary services of the third country concerned;

(d)

they are certified as acceptable for transit or storage (as appropriate) on the common veterinary entry document by the official veterinarian of the border inspection post of introduction.]

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

F3 Inserted by Commission Decision of 13 April 2004 amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community (notified under document number C(2004) 1308) (Text with EEA relevance) (2004/372/EC).

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

F3 Inserted by Commission Decision of 13 April 2004 amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community (notified under document number C(2004) 1308) (Text with EEA relevance) (2004/372/EC).

[F3 Article 12b U.K.

1. By way of derogation from Article 12a, Member States shall authorise the transit by road or by rail through the Community, between the designated Community border inspection posts listed in Annex IV, of consignments coming from and destined to Russia directly or via another third country provided that the following conditions are met:

(a) the consignment shall be sealed with a serially numbered seal at the border inspection post (BIP) of entry to the Community by the veterinary services of the competent authority;

(b) the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped ‘ ONLY FOR TRANSIT TO RUSSIA VIA THE EC ’ on each page by the official veterinarian of the competent authority responsible for the BIP;

(c) the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with;

(d) the consignment is certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the border inspection post of introduction.

2. Unloading or storage, as defined in Article 12(4) or Article 13 of Directive 97/78/EC, of such consignments on Community territory shall not be allowed.

3. Regular audits shall be made by the competent authority to ensure that the number of consignments and the quantities of products leaving the Community territory matches the number and quantities entering.]

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

F3 Inserted by Commission Decision of 13 April 2004 amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community (notified under document number C(2004) 1308) (Text with EEA relevance) (2004/372/EC).

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

F3 Inserted by Commission Decision of 13 April 2004 amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community (notified under document number C(2004) 1308) (Text with EEA relevance) (2004/372/EC).

Article 13 U.K. Certification

The veterinary certificates required for the importation of live animals and fresh meat into the Community, as provided for in this Decision, shall be drafted in accordance with the notes set out in Part 2 of Annexes I and II. However, this shall not preclude the use of electronic certification or other agreed systems, harmonised at Community level.]

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Article[F1 14] U.K.

This Decision is addressed to the Member States.

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).

Textual Amendments

F1 Substituted by Commission Decision of 6 January 2004 on Community health conditions on imports of animals and fresh meat including minced meat from third countries and amending Decisions 79/542/EEC, 2000/572/EC and 2000/585/EC (notified under document number C(2003) 5248) (Text with EEA relevance) (2004/212/EC).