Commission Decision

of 3 December 2004

amending Annex I and II to Council Decision 79/542/EEC as regards the updating of the import conditions and model health certificates relating to wild and farmed game meat

(notified under document number C(2004) 4554)

(Text with EEA relevance)

(2004/882/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 72/462/EEC [1] 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, and in particular Article 3(1), last sentence, Article 11(2) and Article 16(1) 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 Article 8(1) and (4) and Article 9(4)(b) thereof,

Whereas:

(1) Council Decision 79/542/EEC of 21 December 1979 draws up a list of third countries or parts of third countries, and lays down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat [3].

(2) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies [4], has been recently amended by Commission Regulation (EC) No 1471/2004 [5], in order to take account of the risk related to chronic wasting disease in wild and farmed cervids. Requirements on imports of fresh meat of cervids originating in the United States and in Canada have been inserted in the Regulation and will enter into force as from 1 January 2005.

(3) It is necessary to align the animal health certificates Models "RUW" and "RUF" in Annex II to Decision 79/542/EEC with the updated TSE rules.

(4) Chronic Wasting Disease is relevant only for certain animal species. It is therefore opportune to review the current restrictions on imports of "other ruminants" from Canada in order to allow import of live ruminants with the exception of cervidae.

(5) The Commission has been formally requested by the Chilenian authorities to list Chile for export of of fresh farmed "wild boar" meat. Chile is authorised to export suidae, non-domestic suidae and meat of domestic porcine animals because of its satisfactory animal health situation assessed by several inspections of the Food and Veterinary Office, and therefore it is appropriate to list Chile for exportation of meat of farmed non-domestic suidae.

(6) The definition of the territory of Serbia and Montenegro should be reviewed in order to fully reflect the United Nations Security Council Resolution 1244 of 10 June 1999.

(7) Part 1 of Annex I and part 1 and part 2 of Annex II to Decision 79/542/EEC should be amended accordingly.

(8) 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:

Article 1

Part 1 of Annex I to Decision 79/542/EEC is replaced by the text in Annex I to this decision.

Article 2

Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in Annex II to this Decision.

Article 3

Part 2 of Annex II to Decision 79/542/EEC is amended as follows:

1. "SG (Supplementary guarantees)" are replaced by text in Annex III to this decision.

2. Health certificate models RUF and RUW are replaced by the models in Annex IV to this Decision.

Article 4

Articles 1 and 2 of this Decision shall apply from 24 December 2004.

Article 3 shall apply from 1 January 2005.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 3 December 2004.

For the Commission

Markos Kyprianou

Member of the Commission

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[1] OJ L 302, 31.12.1972, p. 28. Directive, as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

[2] OJ L 18, 23.1.2002, p. 11.

[3] OJ L 146, 14.6.1979, p. 15. As last amended by Decision 2004/620/EC (OJ L 279, 28.8.2004, p. 30).

[4] OJ L 147, 31.5.2001, p. 1. as last amended by Commission Regulation (EC) No 1993/2004 (OJ L 344, 20.11.2004, p. 12).

[5] OJ L 271, 18.8.2004, p. 24.

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+++++ ANNEX 1 +++++

+++++ ANNEX 2 +++++

+++++ ANNEX 3 +++++

+++++ ANNEX 4 +++++