xmlns:atom="http://www.w3.org/2005/Atom"
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1774/2002 of European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(1), and in particular Articles 4(4) and Article 32(1) thereof,
Whereas:
(1) Regulation (EC) No 1774/2002 prohibits the importation and transit of animal by-products and processed products into the Union, unless they are authorised in accordance with that Regulation.
(2) Commission Decision 2004/407/EC of 26 April 2004 on transitional sanitary and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine(2) provides that Belgium, Luxembourg, the Netherlands and the United Kingdom are to authorise the importation of certain gelatine exclusively intended for the photographic industry (photographic gelatine), in compliance with that Decision.
(3) Decision 2004/407/EC provides that the importation of photographic gelatine is only authorised from the third countries listed in the Annex to that Decision, namely Japan and the United States of America. In accordance with that Decision, imported consignments have to be transported to the plant of destination under strict channelling conditions, in order to prevent potential risks to public and animal health.
(4) The Czech Republic has submitted a request for the authorisation of imports of photographic gelatine from those third countries to an establishment on its territory. The Czech Republic has confirmed that the strict channelling conditions under Decision 2004/407/EC will be applied in order to prevent potential health risks.
(5) Accordingly, and pending the review of the technical requirements for the import of animal by-products under the revised Animal by-products Regulation(3) the Czech Republic should be allowed to authorise the importation of photographic gelatine subject to compliance with the conditions set out in Decision 2004/407/EC. However, for geographical reasons, those imports may take place via Germany.
(6) Decision 2004/407/EC should therefore be amended accordingly.
(7) 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:
Decision 2004/407/EC is amended as follows:
Article 1 is replaced by the following:
By way of derogation from Article 29(1) of Regulation (EC) No 1774/2002, Belgium, the Czech Republic, Luxembourg, the Netherlands and the United Kingdom shall authorise the import of gelatine produced from materials containing bovine vertebral column classified as Category 1 material under that Regulation, exclusively intended for the photographic industry (photographic gelatine), in compliance with this Decision.’
Article 9 is replaced by the following:
This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.’
Annexes I and III are amended in accordance with the Annex to this Decision.
This Decision shall apply from 1 January 2010.
This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 14 December 2009.
For the Commission
Androulla Vassiliou
Member of the Commission
Annexes I and III are amended as follows:
Annex I is replaced by the following:
Third country of origin | Plants of origin | Member State of destination | Border inspection post of first entry into the Union | Approved photographic factories |
---|---|---|---|---|
Japan | Nitta Gelatin Inc. 2-22 Futamata Yao-City, Osaka 581 – 0024 Japan Jellie Co. ltd. 7-1, Wakabayashi 2-Chome, Wakabayashi-ku, Sendai-city, Miyagi, 982 Japan NIPPI Inc. Gelatin Division 1 Yumizawa-Cho Fujinomiya City Shizuoka 418 – 0073 Japan | the Netherlands | Rotterdam | FUJIFILM Europe B.V., Oudenstaart 1 5047 TK Tilburg, The Netherlands |
Nitta Gelatin Inc. 2-22 Futamata Yao-City, Osaka 581 – 0024, Japan | United Kingdom | Liverpool Felixstowe | Kodak Ltd Headstone Drive, Harrow, MIDDX HA4 4TY, The United Kingdom | |
Czech Republic | Hamburg | FOMA BOHEMIA spol. s r.o. Jana Krušinky 1604 501 04 Hradec Králove, The Czech Republic | ||
United States of America | Eastman Gelatine Corporation, 227 Washington Street, Peabody, MA, 01960 USA Gelita North America, 2445 Port Neal Industrial Road Sergeant Bluff, Iowa, 51054 USA | Luxembourg | Antwerp Zaventem Luxembourg | DuPont Teijin Luxembourg SA PO Box 1681 L-1016 Luxembourg |
United Kingdom | Liverpool Felixstowe | Kodak Ltd Headstone Drive, Harrow, MIDDX HA4 4TY, The United Kingdom | ||
Eastman Gelatine Corporation, 227 Washington Street, Peabody, MA, 01960 USA | Czech Republic | Hamburg | FOMA BOHEMIA spol. s r.o. Jana Krušinky 1604 501 04 Hradec Králove, The Czech Republic” |
Annex III is replaced by the following:
Regulation No 1069/2009 of the European Parliament and of the Council (OJ L 300, 14.11.2009, p. 1).