Directive 2004/41/EC of the European Parliament and of the Council2 amended Council Decision 95/408/EC3 and provided that provisional lists of third countries and third country establishments drawn up in accordance with Decision 95/408/EC should continue to apply mutatis mutandis, pending the adoption of the necessary provisions on the basis of Regulation (EC) No 852/2004 of the European Parliament and of the Council4, Regulation (EC) No 853/2004 of the European Parliament and of the Council5, Regulation (EC) No 854/2004 or Council Directive 2002/99/EC6. The Decision was applicable until the date of application of Regulation (EC) No 852/2004, Regulation (EC) No 853/2004, and Regulation (EC) No 854/2004, namely, 1 January 2006.

Lists of third country establishments from which Member States authorise imports of certain products of animal origin which were adopted on the basis of Decision 95/408/EC still continue to exist.

Article 12 of Regulation (EC) No 854/2004 lays down the procedure for drawing up and updating the list of establishments from which imports of certain products of animal origin are authorised. Based on the provisions of this Article, in particular, paragraph 5, which states that the Commission shall arrange for up-to-date versions of all lists drawn up or updated to be available to the public, the lists of establishments from which Member States authorise imports of certain products of animal origin for human consumption are published on the European Commission’s website7.

In the interest of clarity of Union legislation, and in view of the drawing up of lists of third country establishments from which imports of certain products of animal origin are permitted, former lists adopted on the basis of Decision 95/408/EC became obsolete and it is thus necessary to formally repeal them for reasons of legal certainty.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,