Commission Decision of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC (notified under document number C(2005) 1616) (Text with EEA relevance) (2005/432/EC) (repealed)

Commission Decision

of 3 June 2005

laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC

(notified under document number C(2005) 1616)

(Text with EEA relevance)

(2005/432/EC) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/118/EEC of 17 December 1992, laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(1), and in particular Article 10(2)(c) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(2), and in particular the introductory phrase of Article 8, the first paragraph of Article 8(1), Article 8(4), Article 9(2)(b), Article 9(4)(b) and (c) thereof,

Whereas:

(1) Commission Decision 97/41/EC of 18 December 1996 establishing health conditions and a public health certificate for the importation from third countries of meat products obtained from poultry meat, farmed game meat, wild game meat, and rabbit meat(3) lays down public health conditions for the importation into the Community of certain meat products.

(2) Commission Decision 97/221/EC of 28 February 1997 laying down the animal health conditions and model veterinary certificates in respect of imports of meat products from third countries and revoking Decision 91/449/EEC(4) lays down animal health conditions and certification rules for the importation into the Community of certain meat products.

(3) Commission Decision 97/222/EC of 28 February 1997 laying down the list of third countries from which the Member States authorise the importation of meat products(5) provides for the importation into the Community of certain meat products provided that such products have undergone the appropriate treatment and comply with Community veterinary certification requirements.

(4) 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(6) lays down animal health requirements for the importation into the Community of certain meat products. Council Directive 2004/68/EC(7) provides for the repeal of Directive 72/462/EEC from 1 January 2006.

(5) Directive 2002/99/EC lays down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption. That Directive is to be implemented by the Member States before 1 January 2005.

(6) 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(8) will be in force till 1 January 2006 when it will be repealed and any definition of meat based products in acts adopted before 1 January 2006 must refer to Directive 77/99/EEC.

(7) In view of the entry into force of Directive 2002/99/EC, it is necessary to amend and update Community public and animal health conditions and certification requirements for the importation into the Community of meat products derived from domestic bovines, porcines, ovines, caprines, equidae, poultry, farmed game, domestic rabbits and wild game.

(8) In addition, in the interests of clarity and consistency of Community legislation, it is appropriate to lay down the public and animal health conditions in a single model health certificate for importation of meat products into the Community.

(9) Due to differences in the animal health situation in third countries, it is appropriate to lay down rules concerning treatments for meat products from third countries or parts of third countries prior to their importation into the Community.

(10) In the interests of clarity and consistency of Community legislation, it is appropriate to repeal Decisions 97/41/EC, 97/221/EC and 97/222/EC and replace them by this Decision. Accordingly, this Decision should contain the animal and public health conditions and certification requirements, together with the list of third countries and the treatments required for the importation of various categories of meat products into the Community.

(11) Health conditions and veterinary certification should apply without prejudice to the requirement of Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Directive 96/23/EC(9).

(12) Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(10) lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements.

(13) In the interests of animal and public health and in order to prevent the spread of animal diseases in the Community, a new specific model public and animal health certificate should be established in this Decision. In addition, it should be provided that transit through the Community of consignments of meat products is only permitted where those products come from third countries or parts of third countries whose products are not prohibited for introduction into the Community.

(14) It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year.

(15) Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission(11), specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community

(16) The treatments provided for poultry meat products originating in Bulgaria and Israel and for wild swine meat products originating in Switzerland should be reviewed in order to bring them into line with the current import conditions for fresh meat of the concerned species from those countries.

(17) 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)

OJ L 62, 15.3.1993, p. 49. Directive as last amended by Commission Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004, p. 60).

(2)

OJ L 18, 23.1.2003, p. 11.

(3)

OJ L 17, 21.1.1997, p. 34.

(4)

OJ L 89, 4.4.1997, p. 32. Decision as amended by Decision 2004/427/EC (OJ L 154, 30.4.2004, p. 8).

(5)

OJ L 89, 4.4.1997, p. 39. Decision as last amended by Decision 2004/857/EC (OJ L 369, 16.12.2004, p. 65).

(6)

OJ L 302, 31.12.1972, p. 28.

(7)

OJ L 139, 30.4.2004, p. 320.

(8)

OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(9)

OJ L 154, 30.4.2004, p. 43. Decision as last amended by Decision 2005/233/EC (OJ L 72, 18.3.2005, p. 30).

(10)

OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

(11)

OJ L 326, 11.12.2001, p. 44. Decision as last amended by Decision 2005/102/EC (OJ L 33, 5.2.2005, p. 30).