Commission Decision of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (notified under document number C(2007) 5777) (Text with EEA relevance) (2007/777/EC)

Commission Decision

of 29 November 2007

laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC

(notified under document number C(2007) 5777)

(Text with EEA relevance)

(2007/777/EC)

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 (I) 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 point 1 of Article 8, Article 8(4), Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

Whereas:

(1) Commission Decision 2005/432/EC 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(3) lays down the animal and public health rules and certification requirements for the importation into the Community of consignments of certain meat products, including the lists of third countries and parts thereof from which imports of such products are authorised.

(2) Decision 2005/432/EC, as amended by Commission Decision 2006/801/EC(4), takes into account the health requirements and definitions laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(6) and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(7).

(3) Annex I to Regulation (EC) No 853/2004 lays down separate definitions for meat products and for treated stomachs, bladders and intestines.

(4) The specific treatments laid down for each third country by Decision 2005/432/EC are established basing on the treatments laid down by Directive 2002/99/EC in order to eliminate the potential animal health risk carried by the fresh meat used in the preparation of the meat products. From the animal health point of view, treated stomachs, bladders and intestines present the same animal health risk of the meat products. Therefore, they should be treated with the same specific treatments as provided for in Decision 2005/432/EC and consequently submitted to the harmonised veterinary certification for their import into the Community.

(5) Animal health requirements for importation into the EU of casings are laid down in Decision 2003/779/EC(8). Therefore, the products covered by Decision 2003/779/EC should be excluded by the definition of meat products and treated stomachs, bladders and intestines laid down in this Decision.

(6) Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC(9) lists the third countries authorised to export to the Community on the basis of their approved residue monitoring plans.

(7) Council Directive 97/78/EC(10) of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries 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.

(8) 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.

(9) Commission Decision 2001/881/EC(11) 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 specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community.

(10) Annex II to Council Decision 79/542/EEC 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(12), establishes the list of third countries or parts thereof from which imports of fresh meat of certain animals are authorised. Iceland is listed in Annex II to that Decision as a country authorised to export fresh meat of certain animals. Therefore, import of meat products and treated stomachs, bladders and intestines of those animals from Iceland should be allowed without the application of any specific treatment.

(11) Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(13) lays down the animal health, public health and zootechnical measures applicable to trade in live animals and animal products. Treatments applicable to meat products and treated stomachs, bladders and intestines from the Swiss Confederation should be in accordance with that agreement. Therefore, it is not necessary to set out these treatments in the Annex to this Decision.

(12) Annex IX to Regulation (EC) No 999/2001 of the European Parliament and the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmisible spongiform encephalopaties(14) has been amended by Regulation (EC) No 722/2007 of the Commission of 25 June 2007 amending Annexes II, V, VI, VIII, IX and XI to Regulation (EC) No 999/2001(15) and by Regulation (EC) No 1275/2007(16) amending Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmisissible encephalopathies. New requirements with regard to the BSE status of third countries to export meat products and treated intestines to the Community should be included in the certificate.

(13) Commission Decision 2007/453/EC of 29 June 2007 establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk(17) lists countries or regions in three groups: negligible BSE risk, controlled BSE risk and undetermined BSE risk. A reference to that list should be made in the certificate.

(14) In the interest of clarity of Community legislation, it is appropriate to repeal Decision 2005/432/EC and replace it by the present Decision.

(15) 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 151, 14.6.2005, p. 3. Decision as last amended by Commission Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

(4)

OJ L 329, 25.11.2006, p. 26.

(5)

OJ L 139, 30.4.2004, p. 1; corrected version OJ L 226, 25.6.2004, p. 3.

(6)

OJ L 139, 30.4.2004, p. 55; corrected version OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(7)

OJ L 139, 30.4.2004, p. 206; corrected version OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Council Regulation (EC) No 1791/2006.

(8)

OJ L 285, 1.11.2003, p. 38. Decision as amended by Decision 2004/414/EC (OJ L 151, 30.4.2004, p. 56).

(9)

OJ L 154, 30.4.2004, p. 44. Decision as last amended by Decision 2007/362/EC (OJ L 138, 30.5.2007, p. 18).

(10)

OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(11)

OJ L 326, 11.12.2006, p. 44. Decision as last amended by Decision 2007/276/EC (OJ L 116, 4.5.2007, p. 34).

(12)

OJ L 146, 14.6.1979, p. 15. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(13)

OJ L 114, 30.4.2002, p. 132.

(14)

OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 727/2007 (OJ L 165, 27.6.2007, p. 8).

(15)

OJ L 164, 26.6.2007, p. 7.

(16)

OJ L 284, 30.10.2007, p. 8.

(17)

OJ L 172, 30.6.2007, p. 84.