Pending: 32002D0740

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.(3) It also provides that the review of the eco-label criteria, as well as of the assessment and verification requirements related to the criteria, is to take place in due time before the end of the period of validity of the criteria specified for each product group. That review is to result in a proposal for prolongation, withdrawal or revision.(4) It is appropriate to revise the ecological criteria that were established by Commission Decision 98/634/EC of 2 October 1998 establishing the ecological criteria for the award of the Community eco-label to bed mattresses(2) in order to reflect the developments in the market. At the same time, the period of validity of that Decision as extended by Commission Decision 2001/540/EC(3) and the definition of the product group should be amended.(5) A new Commission Decision should be adopted establishing the specific ecological criteria for this product group, which will be valid for a period of five years.(6) It is appropriate that, for a limited period of not more than 18 months, both the new criteria established by this Decision and the criteria established by Decision 98/634/EC should be valid concurrently, in order to allow sufficient time for companies that have been awarded or that have applied for the award of the eco-label for their products prior to the date of application of this Decision to adapt those products to comply with the new criteria.(7) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(8) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,

Article 1
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, a bed mattress must fall within the product group “bed mattresses” as defined in Article 2, and must comply with the ecological criteria set out in the Annex to this Decision.

Article 2
1. The product group “bed mattresses” shall comprise:
(a) bed mattresses within the meaning of paragraph 2;
(b) latex foam for use in bed mattresses;
(c) polyurethane foam for use in bed mattresses.
2. “Bed mattresses” means products providing a surface to sleep or rest upon, consisting of a strong cloth cover filled with materials, and that can be placed on an existing supporting bed structure.
This includes framed sprung mattresses, which are defined as an upholstered bed base consisting of springs, topped with fillings, on a rigid frame to be used in a bed frame or free standing, combined with a mattress pad which is not intended to be used separately.
Inflatable mattresses and water mattresses are excluded.

Article 3
For administrative purposes the code number assigned to the product group “bed mattresses” shall be “014”.

Article 5
This Decision shall apply from 1 September 2002 until 31 August 2007.
Producers of products falling within the product group “bed mattresses” which have already been awarded the eco-label before 1 September 2002 may continue to use that label until 31 January 2004.
Producers of products falling within the product group “bed mattresses” which have already applied for the award of the eco-label before 1 September 2002 may be awarded the eco-label under the terms of Decision 98/634/EC. In these cases the label may be used until 31 January 2004.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 3 September 2002.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 302, 12.11.1998, p. 31.
(3) OJ L 194, 18.7.2001, p. 50.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.(3) It also provides that the review of the eco-label criteria, as well as of the assessment and verification requirements related to the criteria, is to take place in due time before the end of the period of validity of the criteria specified for each product group. That review is to result in a proposal for prolongation, withdrawal or revision.(4) It is appropriate to revise the ecological criteria that were established by Commission Decision 98/634/EC of 2 October 1998 establishing the ecological criteria for the award of the Community eco-label to bed mattresses(2) in order to reflect the developments in the market. At the same time, the period of validity of that Decision as extended by Commission Decision 2001/540/EC(3) and the definition of the product group should be amended.(5) A new Commission Decision should be adopted establishing the specific ecological criteria for this product group, which will be valid for a period of five years.(6) It is appropriate that, for a limited period of not more than 18 months, both the new criteria established by this Decision and the criteria established by Decision 98/634/EC should be valid concurrently, in order to allow sufficient time for companies that have been awarded or that have applied for the award of the eco-label for their products prior to the date of application of this Decision to adapt those products to comply with the new criteria.(7) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(8) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, a bed mattress must fall within the product group “bed mattresses” as defined in Article 2, and must comply with the ecological criteria set out in the Annex to this Decision.
1. The product group “bed mattresses” shall comprise:
(a) bed mattresses within the meaning of paragraph 2;
(b) latex foam for use in bed mattresses;
(c) polyurethane foam for use in bed mattresses.
2. “Bed mattresses” means products providing a surface to sleep or rest upon, consisting of a strong cloth cover filled with materials, and that can be placed on an existing supporting bed structure.
This includes framed sprung mattresses, which are defined as an upholstered bed base consisting of springs, topped with fillings, on a rigid frame to be used in a bed frame or free standing, combined with a mattress pad which is not intended to be used separately.
Inflatable mattresses and water mattresses are excluded.
For administrative purposes the code number assigned to the product group “bed mattresses” shall be “014”.
This Decision shall apply from 1 September 2002 until 31 August 2007.
Producers of products falling within the product group “bed mattresses” which have already been awarded the eco-label before 1 September 2002 may continue to use that label until 31 January 2004.
Producers of products falling within the product group “bed mattresses” which have already applied for the award of the eco-label before 1 September 2002 may be awarded the eco-label under the terms of Decision 98/634/EC. In these cases the label may be used until 31 January 2004.
This Decision is addressed to the Member States.
Done at Brussels, 3 September 2002.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 302, 12.11.1998, p. 31.
(3) OJ L 194, 18.7.2001, p. 50.
The aims of the criteria
These criteria aim in particular at:
– limiting the use of eco-toxic compounds,
– limiting the levels of toxic residues,
– promoting a more durable product.
The criteria are set at levels that promote the labelling of bed mattresses which have a lower environmental impact.
Assessment and verification requirements
The specific assessment and verification requirements are indicated within each criterion.
Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc., as appropriate.
Test reports shall be made by independent (third party) laboratories. However, the competent body assessing the application may exceptionally accept test reports from suitably accredited in-house laboratories.
Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.
Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO14001, when assessing applications and monitoring compliance with the criteria (Note: it is not required to implement such management schemes.).
Specific criteria are set for the following materials: latex foam, polyurethane foam, wire and springs, coconut fibres, wood and textile fibres and fabrics. Other materials for which no material specific criteria are set are allowed. The criteria for latex foam, polyurethane foam, or coconut fibres need only be met if that material contributes to more than 5 % of the total weight of the mattress.
Assessment and verification: The applicant shall supply detailed information as to the material composition of the mattresses.
1. Latex foam
The following criteria need only be met if latex foam contributes to more than 5 % of the total weight of the mattress.
Assessment and verification: The applicant shall provide a test report, using the following test method: Milled sample extracted according to DIN 38414-S4, L/S=10. Filtration with 0,45 μm membrane filter. Analysis by means of atomic emission spectroscopy with inductive coupled plasma (ICP-AES) or with hydrid or cold vapour technique.
(b) Formaldehyde: The concentration of formaldehyde shall not exceed 30 ppm as measured with EN ISO 14184-1. Alternatively it shall not exceed 0,01 mg/m3 as measured with the chamber test.
Assessment and verification: The applicant shall provide a test report, using the following test method: EN ISO 14184-1. Sample of 1 g with 100 g water heated to 40 °C for 1 hour. Formaldehyde in extract analysed with acetylacetone, photometric.
Alternatively, the emission chamber test may be used: ENV 13419-1, with EN ISO 16000-3 or VDI 3484-1 for air sampling and analysis. The sample shall be taken less than one week after production of the foam. Packaging of sample: air tight wrapped, individually, in aluminium foil and PE foil. Conditioning: The wrapped sample shall be stored at room temperature for at least 24 hours, after which the sample is unwrapped and immediately transferred into the test chamber. Testing conditions: sample placed on sample holder which allows access of air from all sides; climatic factors as in ENV 13419-1; for comparison of test results the area specific ventilation rate (q = n/l) shall be 1; the ventilation rate shall be between 0,5 and 1; the air sampling shall be started 24 hours after chamber loading and finished at the latest 30 hours after loading.
(c) Volatile organic compounds (VOCs): The concentration of VOCs shall not exceed 0,5 mg/m3. In this context, VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use.
Assessment and verification: The applicant shall provide a test report, using the following test method: chamber test (with conditions as in criterion 1(b) on formaldehyde) with DIN ISO 16000-6 for air sampling and analysis.
(d) Dyes, pigments, flame retardants: Any dyes, pigments or flame retardants used shall comply with the corresponding criteria (listed below) laid down in Commission Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community eco-label to textile products and amending Decision 1999/178/EC(1):
impurities in dyes
impurities in pigments
chrome mordant dyeing
dyes that are carcinogenic, mutagenic or toxic to reproduction
potentially sensitising dyes
flame retardants
Assessment and verification: The applicant shall either provide a declaration of non-use or comply with the corresponding assessment and verification requirements laid down in Decision 2002/371/EC.
(e) Metal complex dyes: Metal complex dyes based on copper, lead, chromium or nickel shall not be used.
Assessment and verification: The applicant shall provide a declaration of non-use.
(f) Chlorophenols: No chlorophenol (salts and esters) shall be present in concentrations exceeding 0,1 ppm, except mono- and di-chlorinated phenols (salts and esters) which shall not exceed 1 ppm.
Assessment and verification: The applicant shall provide a test report, using the following test method: Milling of 5 g sample, extraction of the chlorophenol or sodium salt. Analysis by means of gas chromatography (GC), detection with mass spectrometer or ECD.
(g) Butadiene: The concentration of butadiene shall not exceed 1 ppm.
Assessment and verification: The applicant shall provide a test report, using the following test method: Milling and weighing of sample. Sampling by headspace sampler. Analysis by gas chromatography, detection by flame-ionisation detector.
(h) Nitrosamines: The concentration of N-nitrosamines shall not exceed 0,001 mg/m3 as measured with the chamber test.
Assessment and verification: The applicant shall provide a test report, using the following test method: the chamber test (with conditions as in criterion 1(b) on formaldehyde) with Hauptverband der gewerblichen Berufsgenossenschaften ZH 1/120.23 (or equivalent) for air sampling and analysis.
2. Polyurethane (PUR) foam
The following criteria need only be met if PUR foam contributes to more than 5 % of the total weight of the mattress.
(a) Extractable heavy metals: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(a).
Assessment and verification: as in criterion 1(a).
(b) Formaldehyde: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(b).
Assessment and verification: as in criterion 1(b).
(c) Volatile organic compounds (VOCs): The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(c).
Assessment and verification: as in criterion 1(c).
(d) Dyes, pigments, flame retardants: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(d).
Assessment and verification: as in criterion 1(d).
(e) Metal complex dyes: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(e).

Pending: 32002D0740

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.(3) It also provides that the review of the eco-label criteria, as well as of the assessment and verification requirements related to the criteria, is to take place in due time before the end of the period of validity of the criteria specified for each product group. That review is to result in a proposal for prolongation, withdrawal or revision.(4) It is appropriate to revise the ecological criteria that were established by Commission Decision 98/634/EC of 2 October 1998 establishing the ecological criteria for the award of the Community eco-label to bed mattresses(2) in order to reflect the developments in the market. At the same time, the period of validity of that Decision as extended by Commission Decision 2001/540/EC(3) and the definition of the product group should be amended.(5) A new Commission Decision should be adopted establishing the specific ecological criteria for this product group, which will be valid for a period of five years.(6) It is appropriate that, for a limited period of not more than 18 months, both the new criteria established by this Decision and the criteria established by Decision 98/634/EC should be valid concurrently, in order to allow sufficient time for companies that have been awarded or that have applied for the award of the eco-label for their products prior to the date of application of this Decision to adapt those products to comply with the new criteria.(7) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(8) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,

Article 1
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, a bed mattress must fall within the product group “bed mattresses” as defined in Article 2, and must comply with the ecological criteria set out in the Annex to this Decision.

Article 2
1. The product group “bed mattresses” shall comprise:
(a) bed mattresses within the meaning of paragraph 2;
(b) latex foam for use in bed mattresses;
(c) polyurethane foam for use in bed mattresses.
2. “Bed mattresses” means products providing a surface to sleep or rest upon, consisting of a strong cloth cover filled with materials, and that can be placed on an existing supporting bed structure.
This includes framed sprung mattresses, which are defined as an upholstered bed base consisting of springs, topped with fillings, on a rigid frame to be used in a bed frame or free standing, combined with a mattress pad which is not intended to be used separately.
Inflatable mattresses and water mattresses are excluded.

Article 3
For administrative purposes the code number assigned to the product group “bed mattresses” shall be “014”.

Article 5
This Decision shall apply from 1 September 2002 until 31 August 2007.
Producers of products falling within the product group “bed mattresses” which have already been awarded the eco-label before 1 September 2002 may continue to use that label until 31 January 2004.
Producers of products falling within the product group “bed mattresses” which have already applied for the award of the eco-label before 1 September 2002 may be awarded the eco-label under the terms of Decision 98/634/EC. In these cases the label may be used until 31 January 2004.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 3 September 2002.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 302, 12.11.1998, p. 31.
(3) OJ L 194, 18.7.2001, p. 50.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular the second subparagraph of Article 6(1) thereof,Whereas:(1) Under Regulation (EC) No 1980/2000 the Community eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Regulation (EC) No 1980/2000 provides that specific eco-label criteria are to be established according to product groups.(3) It also provides that the review of the eco-label criteria, as well as of the assessment and verification requirements related to the criteria, is to take place in due time before the end of the period of validity of the criteria specified for each product group. That review is to result in a proposal for prolongation, withdrawal or revision.(4) It is appropriate to revise the ecological criteria that were established by Commission Decision 98/634/EC of 2 October 1998 establishing the ecological criteria for the award of the Community eco-label to bed mattresses(2) in order to reflect the developments in the market. At the same time, the period of validity of that Decision as extended by Commission Decision 2001/540/EC(3) and the definition of the product group should be amended.(5) A new Commission Decision should be adopted establishing the specific ecological criteria for this product group, which will be valid for a period of five years.(6) It is appropriate that, for a limited period of not more than 18 months, both the new criteria established by this Decision and the criteria established by Decision 98/634/EC should be valid concurrently, in order to allow sufficient time for companies that have been awarded or that have applied for the award of the eco-label for their products prior to the date of application of this Decision to adapt those products to comply with the new criteria.(7) The measures provided for in this Decision are based on the draft criteria developed by the European Union Eco-Labelling Board established under Article 13 of Regulation (EC) No 1980/2000.(8) The measures provided for in this Decision are in accordance with the opinion of the committee instituted by Article 17 of Regulation (EC) No 1980/2000,
In order to be awarded the Community eco-label under Regulation (EC) No 1980/2000, a bed mattress must fall within the product group “bed mattresses” as defined in Article 2, and must comply with the ecological criteria set out in the Annex to this Decision.
1. The product group “bed mattresses” shall comprise:
(a) bed mattresses within the meaning of paragraph 2;
(b) latex foam for use in bed mattresses;
(c) polyurethane foam for use in bed mattresses.
2. “Bed mattresses” means products providing a surface to sleep or rest upon, consisting of a strong cloth cover filled with materials, and that can be placed on an existing supporting bed structure.
This includes framed sprung mattresses, which are defined as an upholstered bed base consisting of springs, topped with fillings, on a rigid frame to be used in a bed frame or free standing, combined with a mattress pad which is not intended to be used separately.
Inflatable mattresses and water mattresses are excluded.
For administrative purposes the code number assigned to the product group “bed mattresses” shall be “014”.
This Decision shall apply from 1 September 2002 until 31 August 2007.
Producers of products falling within the product group “bed mattresses” which have already been awarded the eco-label before 1 September 2002 may continue to use that label until 31 January 2004.
Producers of products falling within the product group “bed mattresses” which have already applied for the award of the eco-label before 1 September 2002 may be awarded the eco-label under the terms of Decision 98/634/EC. In these cases the label may be used until 31 January 2004.
This Decision is addressed to the Member States.
Done at Brussels, 3 September 2002.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
(2) OJ L 302, 12.11.1998, p. 31.
(3) OJ L 194, 18.7.2001, p. 50.
The aims of the criteria
These criteria aim in particular at:
– limiting the use of eco-toxic compounds,
– limiting the levels of toxic residues,
– promoting a more durable product.
The criteria are set at levels that promote the labelling of bed mattresses which have a lower environmental impact.
Assessment and verification requirements
The specific assessment and verification requirements are indicated within each criterion.
Where the applicant is required to provide declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, it is understood that these may originate from the applicant and/or his supplier(s) and/or their supplier(s), etc., as appropriate.
Test reports shall be made by independent (third party) laboratories. However, the competent body assessing the application may exceptionally accept test reports from suitably accredited in-house laboratories.
Where appropriate, test methods other than those indicated for each criterion may be used if their equivalence is accepted by the competent body assessing the application.
Where appropriate, competent bodies may require supporting documentation and may carry out independent verifications.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or EN ISO14001, when assessing applications and monitoring compliance with the criteria (Note: it is not required to implement such management schemes.).
Specific criteria are set for the following materials: latex foam, polyurethane foam, wire and springs, coconut fibres, wood and textile fibres and fabrics. Other materials for which no material specific criteria are set are allowed. The criteria for latex foam, polyurethane foam, or coconut fibres need only be met if that material contributes to more than 5 % of the total weight of the mattress.
Assessment and verification: The applicant shall supply detailed information as to the material composition of the mattresses.
1. Latex foam
The following criteria need only be met if latex foam contributes to more than 5 % of the total weight of the mattress.
Assessment and verification: The applicant shall provide a test report, using the following test method: Milled sample extracted according to DIN 38414-S4, L/S=10. Filtration with 0,45 μm membrane filter. Analysis by means of atomic emission spectroscopy with inductive coupled plasma (ICP-AES) or with hydrid or cold vapour technique.
(b) Formaldehyde: The concentration of formaldehyde shall not exceed 30 ppm as measured with EN ISO 14184-1. Alternatively it shall not exceed 0,01 mg/m3 as measured with the chamber test.
Assessment and verification: The applicant shall provide a test report, using the following test method: EN ISO 14184-1. Sample of 1 g with 100 g water heated to 40 °C for 1 hour. Formaldehyde in extract analysed with acetylacetone, photometric.
Alternatively, the emission chamber test may be used: ENV 13419-1, with EN ISO 16000-3 or VDI 3484-1 for air sampling and analysis. The sample shall be taken less than one week after production of the foam. Packaging of sample: air tight wrapped, individually, in aluminium foil and PE foil. Conditioning: The wrapped sample shall be stored at room temperature for at least 24 hours, after which the sample is unwrapped and immediately transferred into the test chamber. Testing conditions: sample placed on sample holder which allows access of air from all sides; climatic factors as in ENV 13419-1; for comparison of test results the area specific ventilation rate (q = n/l) shall be 1; the ventilation rate shall be between 0,5 and 1; the air sampling shall be started 24 hours after chamber loading and finished at the latest 30 hours after loading.
(c) Volatile organic compounds (VOCs): The concentration of VOCs shall not exceed 0,5 mg/m3. In this context, VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use.
Assessment and verification: The applicant shall provide a test report, using the following test method: chamber test (with conditions as in criterion 1(b) on formaldehyde) with DIN ISO 16000-6 for air sampling and analysis.
(d) Dyes, pigments, flame retardants: Any dyes, pigments or flame retardants used shall comply with the corresponding criteria (listed below) laid down in Commission Decision 2002/371/EC of 15 May 2002 establishing the ecological criteria for the award of the Community eco-label to textile products and amending Decision 1999/178/EC(1):
impurities in dyes
impurities in pigments
chrome mordant dyeing
dyes that are carcinogenic, mutagenic or toxic to reproduction
potentially sensitising dyes
flame retardants
Assessment and verification: The applicant shall either provide a declaration of non-use or comply with the corresponding assessment and verification requirements laid down in Decision 2002/371/EC.
(e) Metal complex dyes: Metal complex dyes based on copper, lead, chromium or nickel shall not be used.
Assessment and verification: The applicant shall provide a declaration of non-use.
(f) Chlorophenols: No chlorophenol (salts and esters) shall be present in concentrations exceeding 0,1 ppm, except mono- and di-chlorinated phenols (salts and esters) which shall not exceed 1 ppm.
Assessment and verification: The applicant shall provide a test report, using the following test method: Milling of 5 g sample, extraction of the chlorophenol or sodium salt. Analysis by means of gas chromatography (GC), detection with mass spectrometer or ECD.
(g) Butadiene: The concentration of butadiene shall not exceed 1 ppm.
Assessment and verification: The applicant shall provide a test report, using the following test method: Milling and weighing of sample. Sampling by headspace sampler. Analysis by gas chromatography, detection by flame-ionisation detector.
(h) Nitrosamines: The concentration of N-nitrosamines shall not exceed 0,001 mg/m3 as measured with the chamber test.
Assessment and verification: The applicant shall provide a test report, using the following test method: the chamber test (with conditions as in criterion 1(b) on formaldehyde) with Hauptverband der gewerblichen Berufsgenossenschaften ZH 1/120.23 (or equivalent) for air sampling and analysis.
2. Polyurethane (PUR) foam
The following criteria need only be met if PUR foam contributes to more than 5 % of the total weight of the mattress.
(a) Extractable heavy metals: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(a).
Assessment and verification: as in criterion 1(a).
(b) Formaldehyde: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(b).
Assessment and verification: as in criterion 1(b).
(c) Volatile organic compounds (VOCs): The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(c).
Assessment and verification: as in criterion 1(c).
(d) Dyes, pigments, flame retardants: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(d).
Assessment and verification: as in criterion 1(d).
(e) Metal complex dyes: The PUR foam shall meet the corresponding requirement for latex foam detailed in criterion 1(e).

Pending: 32002D0069

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,Whereas:(1) Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading.(2) Under Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition(2) the necessary measures must be adopted as regards the import of certain products from third countries and intended for animal nutrition, where any cause likely to constitute a serious danger to animal or human health appears or is spreading.(3) Under Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(3), the production process of animals and primary products of animal origin shall be monitored for the purpose of detecting the presence of certain residues and substances in live animals, their excrements and body fluids and in tissue, animal products, animal feed and drinking water.(4) Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam(4).(5) Furthermore, an inspection visit to China carried out on the spot by Community experts has identified serious shortcomings as regards veterinary medicines regulation and the residue control system in live animals and animal products, which may lead to the presence of harmful residues, including chloramphenicol, in products intended for human or animal consumption, presenting a risk to their health.(6) The inspection visit has also revealed a severe non-observance by the Chinese competent authorities of the numerous commitments and guarantees they have provided to the Commission, as regard the control of residues and substances which may be a danger to public and animal health.(7) Therefore it is necessary to suspend the imports of products of animal origin from China intended for human or animal consumption. Nevertheless, a derogation should be provided for casings and fishery products except crustaceans, which are caught, frozen and packed in their final packaging at sea and landed directly on Community territory, such products not being concerned by the risk identified above.(8) Also, with a view to minimize negative trade effects in a manner proportionate to the management of the risk, this Decision authorizes the imports into the Community, during a period of 6 weeks, of consignments which have left China before the entry into force of this Decision, on condition that they are subjected to intensified monitoring and testing to ensure their safety.(9) This Decision shall be reviewed in the light of information provided by the competent authorities of China, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the basis of the results of a new inspection visit carried out on the spot by Community experts.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.Article 21. Member States shall prohibit the imports of products referred in

Article 1
This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.

Article 2
1. Member States shall prohibit the imports of products referred in Article 1.
2. By derogation to point 1, Member States shall authorize the imports of casings and fishery products, except crustaceans, which are caught, frozen and packaged in their final packaging at sea and landed directly on Community territory.

Article 3
1. By derogation to point 1 of Article 2, Member States shall authorise, until 14 March 2002, the imports of consignments of such products which have left China before 31 January 2002, when the monitoring provided for in paragraph 2 can demonstrate that these consignments do not constitute a risk for public health.
2. For this purpose, Member States shall extend the checks as laid down by Decision 2001/699/EC to all products of animal origin covered by paragraph 1 to other residues of veterinary drugs, pesticides, contaminants and prohibited substances.

Article 4
All expenditures incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.

Article 5
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 6
This Decision shall be reviewed on the basis of the information provided by the Chinese competent authorities, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the results of an on the spot inspection visit by Community experts.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 30 January 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 333, 29.12.2000, p. 81.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 251, 20.1.2001, p. 11.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,Whereas:(1) Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading.(2) Under Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition(2) the necessary measures must be adopted as regards the import of certain products from third countries and intended for animal nutrition, where any cause likely to constitute a serious danger to animal or human health appears or is spreading.(3) Under Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(3), the production process of animals and primary products of animal origin shall be monitored for the purpose of detecting the presence of certain residues and substances in live animals, their excrements and body fluids and in tissue, animal products, animal feed and drinking water.(4) Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam(4).(5) Furthermore, an inspection visit to China carried out on the spot by Community experts has identified serious shortcomings as regards veterinary medicines regulation and the residue control system in live animals and animal products, which may lead to the presence of harmful residues, including chloramphenicol, in products intended for human or animal consumption, presenting a risk to their health.(6) The inspection visit has also revealed a severe non-observance by the Chinese competent authorities of the numerous commitments and guarantees they have provided to the Commission, as regard the control of residues and substances which may be a danger to public and animal health.(7) Therefore it is necessary to suspend the imports of products of animal origin from China intended for human or animal consumption. Nevertheless, a derogation should be provided for casings and fishery products except crustaceans, which are caught, frozen and packed in their final packaging at sea and landed directly on Community territory, such products not being concerned by the risk identified above.(8) Also, with a view to minimize negative trade effects in a manner proportionate to the management of the risk, this Decision authorizes the imports into the Community, during a period of 6 weeks, of consignments which have left China before the entry into force of this Decision, on condition that they are subjected to intensified monitoring and testing to ensure their safety.(9) This Decision shall be reviewed in the light of information provided by the competent authorities of China, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the basis of the results of a new inspection visit carried out on the spot by Community experts.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.Article 21. Member States shall prohibit the imports of products referred in
This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.
1. Member States shall prohibit the imports of products referred in Article 1.
2. By derogation to point 1, Member States shall authorize the imports of casings and fishery products, except crustaceans, which are caught, frozen and packaged in their final packaging at sea and landed directly on Community territory.
1. By derogation to point 1 of Article 2, Member States shall authorise, until 14 March 2002, the imports of consignments of such products which have left China before 31 January 2002, when the monitoring provided for in paragraph 2 can demonstrate that these consignments do not constitute a risk for public health.
2. For this purpose, Member States shall extend the checks as laid down by Decision 2001/699/EC to all products of animal origin covered by paragraph 1 to other residues of veterinary drugs, pesticides, contaminants and prohibited substances.
All expenditures incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision shall be reviewed on the basis of the information provided by the Chinese competent authorities, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the results of an on the spot inspection visit by Community experts.
This Decision is addressed to the Member States.
Done at Brussels, 30 January 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 333, 29.12.2000, p. 81.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 251, 20.1.2001, p. 11.

Pending: 32002D0069

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,Whereas:(1) Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading.(2) Under Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition(2) the necessary measures must be adopted as regards the import of certain products from third countries and intended for animal nutrition, where any cause likely to constitute a serious danger to animal or human health appears or is spreading.(3) Under Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(3), the production process of animals and primary products of animal origin shall be monitored for the purpose of detecting the presence of certain residues and substances in live animals, their excrements and body fluids and in tissue, animal products, animal feed and drinking water.(4) Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam(4).(5) Furthermore, an inspection visit to China carried out on the spot by Community experts has identified serious shortcomings as regards veterinary medicines regulation and the residue control system in live animals and animal products, which may lead to the presence of harmful residues, including chloramphenicol, in products intended for human or animal consumption, presenting a risk to their health.(6) The inspection visit has also revealed a severe non-observance by the Chinese competent authorities of the numerous commitments and guarantees they have provided to the Commission, as regard the control of residues and substances which may be a danger to public and animal health.(7) Therefore it is necessary to suspend the imports of products of animal origin from China intended for human or animal consumption. Nevertheless, a derogation should be provided for casings and fishery products except crustaceans, which are caught, frozen and packed in their final packaging at sea and landed directly on Community territory, such products not being concerned by the risk identified above.(8) Also, with a view to minimize negative trade effects in a manner proportionate to the management of the risk, this Decision authorizes the imports into the Community, during a period of 6 weeks, of consignments which have left China before the entry into force of this Decision, on condition that they are subjected to intensified monitoring and testing to ensure their safety.(9) This Decision shall be reviewed in the light of information provided by the competent authorities of China, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the basis of the results of a new inspection visit carried out on the spot by Community experts.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.Article 21. Member States shall prohibit the imports of products referred in

Article 1
This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.

Article 2
1. Member States shall prohibit the imports of products referred in Article 1.
2. By derogation to point 1, Member States shall authorize the imports of casings and fishery products, except crustaceans, which are caught, frozen and packaged in their final packaging at sea and landed directly on Community territory.

Article 3
1. By derogation to point 1 of Article 2, Member States shall authorise, until 14 March 2002, the imports of consignments of such products which have left China before 31 January 2002, when the monitoring provided for in paragraph 2 can demonstrate that these consignments do not constitute a risk for public health.
2. For this purpose, Member States shall extend the checks as laid down by Decision 2001/699/EC to all products of animal origin covered by paragraph 1 to other residues of veterinary drugs, pesticides, contaminants and prohibited substances.

Article 4
All expenditures incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.

Article 5
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 6
This Decision shall be reviewed on the basis of the information provided by the Chinese competent authorities, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the results of an on the spot inspection visit by Community experts.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 30 January 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 333, 29.12.2000, p. 81.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 251, 20.1.2001, p. 11.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(1) thereof,Whereas:(1) Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading.(2) Under Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition(2) the necessary measures must be adopted as regards the import of certain products from third countries and intended for animal nutrition, where any cause likely to constitute a serious danger to animal or human health appears or is spreading.(3) Under Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(3), the production process of animals and primary products of animal origin shall be monitored for the purpose of detecting the presence of certain residues and substances in live animals, their excrements and body fluids and in tissue, animal products, animal feed and drinking water.(4) Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam(4).(5) Furthermore, an inspection visit to China carried out on the spot by Community experts has identified serious shortcomings as regards veterinary medicines regulation and the residue control system in live animals and animal products, which may lead to the presence of harmful residues, including chloramphenicol, in products intended for human or animal consumption, presenting a risk to their health.(6) The inspection visit has also revealed a severe non-observance by the Chinese competent authorities of the numerous commitments and guarantees they have provided to the Commission, as regard the control of residues and substances which may be a danger to public and animal health.(7) Therefore it is necessary to suspend the imports of products of animal origin from China intended for human or animal consumption. Nevertheless, a derogation should be provided for casings and fishery products except crustaceans, which are caught, frozen and packed in their final packaging at sea and landed directly on Community territory, such products not being concerned by the risk identified above.(8) Also, with a view to minimize negative trade effects in a manner proportionate to the management of the risk, this Decision authorizes the imports into the Community, during a period of 6 weeks, of consignments which have left China before the entry into force of this Decision, on condition that they are subjected to intensified monitoring and testing to ensure their safety.(9) This Decision shall be reviewed in the light of information provided by the competent authorities of China, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the basis of the results of a new inspection visit carried out on the spot by Community experts.(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.Article 21. Member States shall prohibit the imports of products referred in
This Decision shall apply to all products of animal origin imported from China and intended for human consumption or animal feed use.
1. Member States shall prohibit the imports of products referred in Article 1.
2. By derogation to point 1, Member States shall authorize the imports of casings and fishery products, except crustaceans, which are caught, frozen and packaged in their final packaging at sea and landed directly on Community territory.
1. By derogation to point 1 of Article 2, Member States shall authorise, until 14 March 2002, the imports of consignments of such products which have left China before 31 January 2002, when the monitoring provided for in paragraph 2 can demonstrate that these consignments do not constitute a risk for public health.
2. For this purpose, Member States shall extend the checks as laid down by Decision 2001/699/EC to all products of animal origin covered by paragraph 1 to other residues of veterinary drugs, pesticides, contaminants and prohibited substances.
All expenditures incurred by the application of this Decision shall be charged to the consignor, the consignee or their agent.
Member States shall modify the measures they apply to trade to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision shall be reviewed on the basis of the information provided by the Chinese competent authorities, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the results of an on the spot inspection visit by Community experts.
This Decision is addressed to the Member States.
Done at Brussels, 30 January 2002.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 333, 29.12.2000, p. 81.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 251, 20.1.2001, p. 11.

Pending: 32001D0914

January 15, 2026
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the “Statute”), and in particular to Article 32 thereof,Whereas:(1) According to Article 32.1 of the Statute, monetary income is the income accruing to the national central banks (NCBs) in the performance of the monetary policy function. Under the provisions of Article 32.2 of the Statute, the amount of each NCB’s monetary income shall be equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. As from the financial year 2003, NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. According to Article 32.4 of the Statute, the amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest paid by that NCB on its deposit liabilities to credit institutions in accordance with Article 19 of the Statute.(2) Pursuant to Article 32.5 of the Statute, the sum of the monetary income of the NCBs shall be allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).(3) According to Article 32.6 and Article 32.7 of the Statute, the Governing Council of the ECB is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32 of the Statute.(4) Pursuant to Article 10 of Council Regulation (EC) 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the “Eurosystem”) shall put into circulation banknotes denominated in euro. Article 15 of this Regulation provides for the continuation of the legal tender status of banknotes denominated in national currency units during a maximum period of six months after the end of the transitional period. The year 2002 should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the total value of Eurosystem banknotes in circulation and with different patterns in Member States. This situation is comparable to the situation from 1999 to 2001 and, therefore, for the financial year 2002 monetary income should be calculated by a method analogous to that provided for in Decision ECB/2000/19 of 3 November 1998 as amended by Decision of 14 December 2000 on the allocation of monetary income of the national central banks of participating Member States and losses of the ECB for the financial years 1999 to 2001(2) in order to ensure that changes in the patterns of banknotes circulation do not significantly affect the relative income positions of NCBs. For 2002, Article 32.3 of the Statute allows the Governing Council to decide, by way of derogation from Article 32.2, that monetary income be measured according to an alternative method.(5) Article 9(1) of Guideline ECB/2001/1 of 10 January 2001 adopting certain provisions on the 2002 cash changeover(3) provides that euro banknotes frontloaded to credit institutions or to their appointed agents shall be debited in their respective accounts with the NCBs, as the case may be, for their face value, according to the following “linear debiting model”: one third of the frontloaded sum on 2 January 2002, one third on 23 January 2002, and the last third on 30 January 2002. The calculation of monetary income for the year 2002 needs to take account of this “linear debiting model”.(6) This Decision is related to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(4) that provides that the ECB and the NCBs shall issue euro banknotes. Decision ECB/2001/15 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. The same Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.(7) The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.(8) The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs monetary income under Article 32.2 of the Statute as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem’s monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs’ balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should take account of the special circumstances of the year 2002, during which Member States have different changeover scenarios, and during which credit institutions will increase to different levels their normal cash holdings, and should apply on a yearly basis in accordance with a fixed formula for no more than five years thereafter.(9) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs’ income positions as a consequence of the introduction of the euro banknotes and the subsequent allocation of monetary income. The Governing Council has therefore decided not to have recourse to the derogation from Article 32 of the Statute, allowed by Article 51 of the Statute.(10) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation need to take account of the special situation of the Grand Duchy of Luxembourg arising from its recent monetary history.(11) The Governing Council of the ECB

Article 1
Definitions
For the purposes of this Decision:
(a) “participating Member States” shall mean the Member States which have adopted the single currency in accordance with the Treaty establishing the European Community’;
(b) “NCBs” shall mean the national central banks of the participating Member States;
(c) “liability base” shall be the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;
(d) “earmarkable assets” shall be the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;
(e) “intra-Eurosystem balances on euro banknotes in circulation” shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes;
(f) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13 of 1 December 1998 on the national central banks’ percentage shares in the key for the capital of the European Central Bank(5);
(g) “credit institutions” shall mean credit institutions subject to minimum reserve requirements under Regulation ECB/1998/15(6) on the application of minimum reserves, as amended by Regulation ECB/2000/8(7);
(h) “HBS” shall mean the harmonised balance sheet as structured in Annex IX to the Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(8);
(i) “reference rate” shall be the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under paragraph 3.1.2 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem(9). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used.

Article 2
Intra-Eurosystem balances on euro banknotes in circulation
1. The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
The first calculation of the intra-Eurosystem balances on euro banknotes in circulation under the previous paragraph shall be made for frontloaded euro banknotes on 2 January 2002 with a value date of 1 January 2002.
2. The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.
3. The remuneration referred to in the previous paragraph shall be settled by Target payments on a quarterly basis.
4. In derogation from the previous paragraph, for the financial year 2002, the remuneration referred to in paragraph 2 shall be settled at the end of the year.

Article 3
Method for measuring monetary income
1. In 2002, the amount of each NCB’s monetary income shall be determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
MI is the amount of each NCB’s monetary income to be pooled,
LB is the liability base of each NCB,
RR is the reference rate.
2. From 2003 the amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As an exception thereof, gold shall be considered to generate no income.
3. Where the value of a NCB’s earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying to the value of the difference the average rate of return on the earmarkable assets of all NCBs taken together.
This average rate of return shall be calculated in the following manner. The total income accrued by all NCBs on their earmarkable assets, excluding all income arising from net intra-Eurosystem claims resulting from TARGET transactions (Annex II, A.3) and net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 (Annex II, A.4), shall be divided by the average amount of the total earmarkable assets of the Eurosystem. The average rate of return shall be applied on a 360 days basis.

Article 4
Adjustments to intra-Eurosystem balances
1. For the purposes of monetary income calculation, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
CA is the compensatory amount,
K is the amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
A is the average value for each NCB of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
C is the following coefficient for each financial year:
2. The sum of the compensatory amounts of the NCBs shall be 0.
3. The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of 1 January on the first business day of each year. The accounting entries to balance the compensatory amounts shall not be remunerated.
4. In the event that the value of euro banknotes that the Banque centrale du Luxembourg puts into circulation in 2002 exceeds the average value of its banknotes in circulation during the period from 1 July 1999 to 30 June 2001 by 25 % or more, letter “A” in the formula of paragraph 1 shall be for the Banque centrale du Luxembourg the value of banknotes put into circulation by the Banque centrale du Luxembourg in 2002 up to a maximum limit of EUR 2,2 billion. Upon application of this derogation, all compensatory amounts calculated on the basis of Article 4(1) shall be subject to retroactive adjustments at the end of 2002, in order to ensure compliance with paragraph 2. Such retroactive adjustments shall be in proportion to the subscribed capital key.
5. In derogation from paragraph 1, upon the occurrence of specific contingencies relative to changes in patterns of banknote circulation as described in Annex III to this Decision, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
6. The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from 1 January 2008.

Article 5
Calculation and allocation of monetary income
1. The calculation of each NCB’s monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.
2. The amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest accrued or paid on liabilities included within the liability base, and in accordance with any decision of the Governing Council of the ECB under the second paragraph of Article 32.4 of the Statute.
3. The allocation of the sum of each NCB’s monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.

Article 6
Final provisions
1. This Decision shall enter into force on 1 January 2002.
2. This Decision shall be published in the Official Journal of the European Communities.
Done at Frankfurt am Main, 6 December 2001.
On behalf of the Governing Council of the ECB
Willem F. Duisenberg
(1) OJ L 139, 11.5.1998, p. 1.
(2) OJ L 336, 30.12.2000, p. 119.
(3) OJ L 55, 24.2.2001, p. 80.
(4) See page 52 of this Official Journal.
(5) OJ L 125, 19.5.1999, p. 33.
(6) OJ L 356, 30.12.1998, p. 1.
(7) OJ L 229, 9.9.2000, p. 34.
(8) OJ L 33, 2.2.2001, p. 21.
(9) OJ L 310, 11.12.2000, p. 1.

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the “Statute”), and in particular to Article 32 thereof,Whereas:(1) According to Article 32.1 of the Statute, monetary income is the income accruing to the national central banks (NCBs) in the performance of the monetary policy function. Under the provisions of Article 32.2 of the Statute, the amount of each NCB’s monetary income shall be equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. As from the financial year 2003, NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. According to Article 32.4 of the Statute, the amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest paid by that NCB on its deposit liabilities to credit institutions in accordance with Article 19 of the Statute.(2) Pursuant to Article 32.5 of the Statute, the sum of the monetary income of the NCBs shall be allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).(3) According to Article 32.6 and Article 32.7 of the Statute, the Governing Council of the ECB is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32 of the Statute.(4) Pursuant to Article 10 of Council Regulation (EC) 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the “Eurosystem”) shall put into circulation banknotes denominated in euro. Article 15 of this Regulation provides for the continuation of the legal tender status of banknotes denominated in national currency units during a maximum period of six months after the end of the transitional period. The year 2002 should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the total value of Eurosystem banknotes in circulation and with different patterns in Member States. This situation is comparable to the situation from 1999 to 2001 and, therefore, for the financial year 2002 monetary income should be calculated by a method analogous to that provided for in Decision ECB/2000/19 of 3 November 1998 as amended by Decision of 14 December 2000 on the allocation of monetary income of the national central banks of participating Member States and losses of the ECB for the financial years 1999 to 2001(2) in order to ensure that changes in the patterns of banknotes circulation do not significantly affect the relative income positions of NCBs. For 2002, Article 32.3 of the Statute allows the Governing Council to decide, by way of derogation from Article 32.2, that monetary income be measured according to an alternative method.(5) Article 9(1) of Guideline ECB/2001/1 of 10 January 2001 adopting certain provisions on the 2002 cash changeover(3) provides that euro banknotes frontloaded to credit institutions or to their appointed agents shall be debited in their respective accounts with the NCBs, as the case may be, for their face value, according to the following “linear debiting model”: one third of the frontloaded sum on 2 January 2002, one third on 23 January 2002, and the last third on 30 January 2002. The calculation of monetary income for the year 2002 needs to take account of this “linear debiting model”.(6) This Decision is related to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(4) that provides that the ECB and the NCBs shall issue euro banknotes. Decision ECB/2001/15 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. The same Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.(7) The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.(8) The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs monetary income under Article 32.2 of the Statute as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem’s monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs’ balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should take account of the special circumstances of the year 2002, during which Member States have different changeover scenarios, and during which credit institutions will increase to different levels their normal cash holdings, and should apply on a yearly basis in accordance with a fixed formula for no more than five years thereafter.(9) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs’ income positions as a consequence of the introduction of the euro banknotes and the subsequent allocation of monetary income. The Governing Council has therefore decided not to have recourse to the derogation from Article 32 of the Statute, allowed by Article 51 of the Statute.(10) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation need to take account of the special situation of the Grand Duchy of Luxembourg arising from its recent monetary history.(11) The Governing Council of the ECB
Definitions
For the purposes of this Decision:
(a) “participating Member States” shall mean the Member States which have adopted the single currency in accordance with the Treaty establishing the European Community’;
(b) “NCBs” shall mean the national central banks of the participating Member States;
(c) “liability base” shall be the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;
(d) “earmarkable assets” shall be the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;
(e) “intra-Eurosystem balances on euro banknotes in circulation” shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes;
(f) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13 of 1 December 1998 on the national central banks’ percentage shares in the key for the capital of the European Central Bank(5);
(g) “credit institutions” shall mean credit institutions subject to minimum reserve requirements under Regulation ECB/1998/15(6) on the application of minimum reserves, as amended by Regulation ECB/2000/8(7);
(h) “HBS” shall mean the harmonised balance sheet as structured in Annex IX to the Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(8);
(i) “reference rate” shall be the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under paragraph 3.1.2 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem(9). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used.
Intra-Eurosystem balances on euro banknotes in circulation
1. The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
The first calculation of the intra-Eurosystem balances on euro banknotes in circulation under the previous paragraph shall be made for frontloaded euro banknotes on 2 January 2002 with a value date of 1 January 2002.
2. The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.
3. The remuneration referred to in the previous paragraph shall be settled by Target payments on a quarterly basis.
4. In derogation from the previous paragraph, for the financial year 2002, the remuneration referred to in paragraph 2 shall be settled at the end of the year.
Method for measuring monetary income
1. In 2002, the amount of each NCB’s monetary income shall be determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
MI is the amount of each NCB’s monetary income to be pooled,
LB is the liability base of each NCB,
RR is the reference rate.
2. From 2003 the amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As an exception thereof, gold shall be considered to generate no income.
3. Where the value of a NCB’s earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying to the value of the difference the average rate of return on the earmarkable assets of all NCBs taken together.
This average rate of return shall be calculated in the following manner. The total income accrued by all NCBs on their earmarkable assets, excluding all income arising from net intra-Eurosystem claims resulting from TARGET transactions (Annex II, A.3) and net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 (Annex II, A.4), shall be divided by the average amount of the total earmarkable assets of the Eurosystem. The average rate of return shall be applied on a 360 days basis.
Adjustments to intra-Eurosystem balances
1. For the purposes of monetary income calculation, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
CA is the compensatory amount,
K is the amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
A is the average value for each NCB of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
C is the following coefficient for each financial year:
2. The sum of the compensatory amounts of the NCBs shall be 0.
3. The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of 1 January on the first business day of each year. The accounting entries to balance the compensatory amounts shall not be remunerated.
4. In the event that the value of euro banknotes that the Banque centrale du Luxembourg puts into circulation in 2002 exceeds the average value of its banknotes in circulation during the period from 1 July 1999 to 30 June 2001 by 25 % or more, letter “A” in the formula of paragraph 1 shall be for the Banque centrale du Luxembourg the value of banknotes put into circulation by the Banque centrale du Luxembourg in 2002 up to a maximum limit of EUR 2,2 billion. Upon application of this derogation, all compensatory amounts calculated on the basis of Article 4(1) shall be subject to retroactive adjustments at the end of 2002, in order to ensure compliance with paragraph 2. Such retroactive adjustments shall be in proportion to the subscribed capital key.
5. In derogation from paragraph 1, upon the occurrence of specific contingencies relative to changes in patterns of banknote circulation as described in Annex III to this Decision, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
6. The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from 1 January 2008.
Calculation and allocation of monetary income
1. The calculation of each NCB’s monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.
2. The amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest accrued or paid on liabilities included within the liability base, and in accordance with any decision of the Governing Council of the ECB under the second paragraph of Article 32.4 of the Statute.
3. The allocation of the sum of each NCB’s monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.
Final provisions
1. This Decision shall enter into force on 1 January 2002.
2. This Decision shall be published in the Official Journal of the European Communities.
Done at Frankfurt am Main, 6 December 2001.
On behalf of the Governing Council of the ECB
Willem F. Duisenberg
(1) OJ L 139, 11.5.1998, p. 1.
(2) OJ L 336, 30.12.2000, p. 119.
(3) OJ L 55, 24.2.2001, p. 80.
(4) See page 52 of this Official Journal.
(5) OJ L 125, 19.5.1999, p. 33.
(6) OJ L 356, 30.12.1998, p. 1.
(7) OJ L 229, 9.9.2000, p. 34.
(8) OJ L 33, 2.2.2001, p. 21.
(9) OJ L 310, 11.12.2000, p. 1.
COMPOSITION OF THE LIABILITY BASE
A. The liability base shall include, with the exclusion of any other item:
1. banknotes in circulation
In the financial year 2002, for the purposes of this Annex and for each NCB, “banknotes in circulation”:
(i) shall also include banknotes issued by it and denominated in its national currency unit; and
(ii) shall be reduced by the value of the non-remunerated loans related to frontloaded euro banknotes that have not been yet debited (part of asset item 6 of the harmonised balance sheet (HBS)).
From the financial year 2003, for the purposes of this Annex and for each NCB, “banknotes in circulation” shall include banknotes denominated in euro, to the exclusion of any other banknotes;
2. liabilities to euro area credit institutions related to monetary policy operations denominated in euro, including:
(a) current accounts including minimum reserve requirements under Article 19.1 of the Statute (liability item 2.1 of the HBS);
(b) amounts in deposit under the Eurosystem deposit facility (liability item 2.2 of the HBS);
(c) fixed-term deposits (liability item 2.3 of the HBS);
(d) liabilities arising from fine-tuning reverse operations (liability item 2.4 of the HBS);
(e) deposits related to margin calls (liability item 2.5 of the HBS);
3. intra-Eurosystem liabilities of NCBs arising from the issue to the ECB of promissory notes backing the issuance of ECB debt certificates under Chapter 3.3 of Annex I to Guideline ECB/2000/7 (liability item 10.2 of the HBS);
4. net intra-Eurosystem liabilities resulting from TARGET transactions (part of liability item 10.3 of the HBS);
5. net intra-Eurosystem liabilities on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision.
B. The amount of each NCB’s liability base shall be calculated in accordance with the harmonised accounting principles and rules established in Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000.(1)
(1) OJ L 33, 2.2.2001, p. 21.
EARMARKABLE ASSETS
A. Earmarkable assets shall include, with the exclusion of any other item:
1. lending to euro area credit institutions related to monetary policy operations denominated in euro (asset item 5 of the harmonised balance sheet (HBS));
2. intra-Eurosystem claims equivalent to the transfer of foreign reserve assets other than gold to the ECB under Article 30 of the Statute (part of asset item 9.2 of the HBS);
3. net intra-Eurosystem claims resulting from TARGET transactions (part of asset item 9.4 of the HBS);
4. net intra Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 of this Decision;
5. gold, including claims in respect of gold transferred to the ECB, in an amount permitting each NCB to earmark a proportion of its gold that corresponds to the application of its share in the subscribed capital key to the total amount of gold earmarked by all NCBs. (asset item 1 and part of asset item 9.2 of the HBS).
For the purposes of this Decision, and at least until the calculation of monetary income for the financial year 2007, gold shall be valued on the basis of the gold price in euro per fine ounce as at 31 December 2002.
B. The value of each NCB’s earmarkable assets shall be calculated in accordance with the harmonised accounting principles and rules established in Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(1).
(1) OJ L 33, 2.2.2001, p. 21.
SPECIAL CONTINGENT ADJUSTMENTS
A. First contingent adjustment
In the event that the total average of banknotes in circulation in 2002 is lower than the total average of banknotes, denominated in the national currency of the Member States that have adopted the euro, in the period of 1 July 1999 to 30 June 2001, the coefficient “C” applying to the financial year 2002 in accordance with Article 4(1) shall be reduced with retroactive effect in the same proportion as the decrease in the total average of banknotes in circulation.
The reduction shall not result in a coefficient lower than 0,8606735. Upon application of this derogation, one quarter of the resulting reduction to the NCBs compensatory amounts “CA” applicable in the year 2002 shall be added to each of the NCBs compensatory amounts applicable in 2004, 2005, 2006, and 2007 under Article 4(1).
B. Second contingent adjustment
In the event that those NCBs for which the compensatory amount referred to in Article 4(1) is a positive figure, pay net remuneration on intra-Eurosystem balances on banknotes in circulation that, when added to the item “net result of pooling of monetary income” in their profit and loss account at the end of the year, results in a net expense, the coefficient “C” applying to the financial year 2002 in accordance with Article 4(1) shall be reduced to the extent necessary to eliminate this condition.
The reduction shall not result in a coefficient lower than 0,8606735. Upon application of this derogation, one quarter of the resulting reduction to the NCBs compensatory amounts “CA” applicable in the year 2002 shall be added to each of the NCBs compensatory amounts applicable in 2004, 2005, 2006, and 2007 under Article 4(1).

Pending: 32001D0914

January 15, 2026
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the “Statute”), and in particular to Article 32 thereof,Whereas:(1) According to Article 32.1 of the Statute, monetary income is the income accruing to the national central banks (NCBs) in the performance of the monetary policy function. Under the provisions of Article 32.2 of the Statute, the amount of each NCB’s monetary income shall be equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. As from the financial year 2003, NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. According to Article 32.4 of the Statute, the amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest paid by that NCB on its deposit liabilities to credit institutions in accordance with Article 19 of the Statute.(2) Pursuant to Article 32.5 of the Statute, the sum of the monetary income of the NCBs shall be allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).(3) According to Article 32.6 and Article 32.7 of the Statute, the Governing Council of the ECB is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32 of the Statute.(4) Pursuant to Article 10 of Council Regulation (EC) 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the “Eurosystem”) shall put into circulation banknotes denominated in euro. Article 15 of this Regulation provides for the continuation of the legal tender status of banknotes denominated in national currency units during a maximum period of six months after the end of the transitional period. The year 2002 should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the total value of Eurosystem banknotes in circulation and with different patterns in Member States. This situation is comparable to the situation from 1999 to 2001 and, therefore, for the financial year 2002 monetary income should be calculated by a method analogous to that provided for in Decision ECB/2000/19 of 3 November 1998 as amended by Decision of 14 December 2000 on the allocation of monetary income of the national central banks of participating Member States and losses of the ECB for the financial years 1999 to 2001(2) in order to ensure that changes in the patterns of banknotes circulation do not significantly affect the relative income positions of NCBs. For 2002, Article 32.3 of the Statute allows the Governing Council to decide, by way of derogation from Article 32.2, that monetary income be measured according to an alternative method.(5) Article 9(1) of Guideline ECB/2001/1 of 10 January 2001 adopting certain provisions on the 2002 cash changeover(3) provides that euro banknotes frontloaded to credit institutions or to their appointed agents shall be debited in their respective accounts with the NCBs, as the case may be, for their face value, according to the following “linear debiting model”: one third of the frontloaded sum on 2 January 2002, one third on 23 January 2002, and the last third on 30 January 2002. The calculation of monetary income for the year 2002 needs to take account of this “linear debiting model”.(6) This Decision is related to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(4) that provides that the ECB and the NCBs shall issue euro banknotes. Decision ECB/2001/15 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. The same Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.(7) The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.(8) The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs monetary income under Article 32.2 of the Statute as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem’s monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs’ balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should take account of the special circumstances of the year 2002, during which Member States have different changeover scenarios, and during which credit institutions will increase to different levels their normal cash holdings, and should apply on a yearly basis in accordance with a fixed formula for no more than five years thereafter.(9) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs’ income positions as a consequence of the introduction of the euro banknotes and the subsequent allocation of monetary income. The Governing Council has therefore decided not to have recourse to the derogation from Article 32 of the Statute, allowed by Article 51 of the Statute.(10) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation need to take account of the special situation of the Grand Duchy of Luxembourg arising from its recent monetary history.(11) The Governing Council of the ECB

Article 1
Definitions
For the purposes of this Decision:
(a) “participating Member States” shall mean the Member States which have adopted the single currency in accordance with the Treaty establishing the European Community’;
(b) “NCBs” shall mean the national central banks of the participating Member States;
(c) “liability base” shall be the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;
(d) “earmarkable assets” shall be the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;
(e) “intra-Eurosystem balances on euro banknotes in circulation” shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes;
(f) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13 of 1 December 1998 on the national central banks’ percentage shares in the key for the capital of the European Central Bank(5);
(g) “credit institutions” shall mean credit institutions subject to minimum reserve requirements under Regulation ECB/1998/15(6) on the application of minimum reserves, as amended by Regulation ECB/2000/8(7);
(h) “HBS” shall mean the harmonised balance sheet as structured in Annex IX to the Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(8);
(i) “reference rate” shall be the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under paragraph 3.1.2 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem(9). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used.

Article 2
Intra-Eurosystem balances on euro banknotes in circulation
1. The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
The first calculation of the intra-Eurosystem balances on euro banknotes in circulation under the previous paragraph shall be made for frontloaded euro banknotes on 2 January 2002 with a value date of 1 January 2002.
2. The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.
3. The remuneration referred to in the previous paragraph shall be settled by Target payments on a quarterly basis.
4. In derogation from the previous paragraph, for the financial year 2002, the remuneration referred to in paragraph 2 shall be settled at the end of the year.

Article 3
Method for measuring monetary income
1. In 2002, the amount of each NCB’s monetary income shall be determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
MI is the amount of each NCB’s monetary income to be pooled,
LB is the liability base of each NCB,
RR is the reference rate.
2. From 2003 the amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As an exception thereof, gold shall be considered to generate no income.
3. Where the value of a NCB’s earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying to the value of the difference the average rate of return on the earmarkable assets of all NCBs taken together.
This average rate of return shall be calculated in the following manner. The total income accrued by all NCBs on their earmarkable assets, excluding all income arising from net intra-Eurosystem claims resulting from TARGET transactions (Annex II, A.3) and net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 (Annex II, A.4), shall be divided by the average amount of the total earmarkable assets of the Eurosystem. The average rate of return shall be applied on a 360 days basis.

Article 4
Adjustments to intra-Eurosystem balances
1. For the purposes of monetary income calculation, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
CA is the compensatory amount,
K is the amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
A is the average value for each NCB of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
C is the following coefficient for each financial year:
2. The sum of the compensatory amounts of the NCBs shall be 0.
3. The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of 1 January on the first business day of each year. The accounting entries to balance the compensatory amounts shall not be remunerated.
4. In the event that the value of euro banknotes that the Banque centrale du Luxembourg puts into circulation in 2002 exceeds the average value of its banknotes in circulation during the period from 1 July 1999 to 30 June 2001 by 25 % or more, letter “A” in the formula of paragraph 1 shall be for the Banque centrale du Luxembourg the value of banknotes put into circulation by the Banque centrale du Luxembourg in 2002 up to a maximum limit of EUR 2,2 billion. Upon application of this derogation, all compensatory amounts calculated on the basis of Article 4(1) shall be subject to retroactive adjustments at the end of 2002, in order to ensure compliance with paragraph 2. Such retroactive adjustments shall be in proportion to the subscribed capital key.
5. In derogation from paragraph 1, upon the occurrence of specific contingencies relative to changes in patterns of banknote circulation as described in Annex III to this Decision, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
6. The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from 1 January 2008.

Article 5
Calculation and allocation of monetary income
1. The calculation of each NCB’s monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.
2. The amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest accrued or paid on liabilities included within the liability base, and in accordance with any decision of the Governing Council of the ECB under the second paragraph of Article 32.4 of the Statute.
3. The allocation of the sum of each NCB’s monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.

Article 6
Final provisions
1. This Decision shall enter into force on 1 January 2002.
2. This Decision shall be published in the Official Journal of the European Communities.
Done at Frankfurt am Main, 6 December 2001.
On behalf of the Governing Council of the ECB
Willem F. Duisenberg
(1) OJ L 139, 11.5.1998, p. 1.
(2) OJ L 336, 30.12.2000, p. 119.
(3) OJ L 55, 24.2.2001, p. 80.
(4) See page 52 of this Official Journal.
(5) OJ L 125, 19.5.1999, p. 33.
(6) OJ L 356, 30.12.1998, p. 1.
(7) OJ L 229, 9.9.2000, p. 34.
(8) OJ L 33, 2.2.2001, p. 21.
(9) OJ L 310, 11.12.2000, p. 1.

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the “Statute”), and in particular to Article 32 thereof,Whereas:(1) According to Article 32.1 of the Statute, monetary income is the income accruing to the national central banks (NCBs) in the performance of the monetary policy function. Under the provisions of Article 32.2 of the Statute, the amount of each NCB’s monetary income shall be equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. As from the financial year 2003, NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. According to Article 32.4 of the Statute, the amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest paid by that NCB on its deposit liabilities to credit institutions in accordance with Article 19 of the Statute.(2) Pursuant to Article 32.5 of the Statute, the sum of the monetary income of the NCBs shall be allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).(3) According to Article 32.6 and Article 32.7 of the Statute, the Governing Council of the ECB is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32 of the Statute.(4) Pursuant to Article 10 of Council Regulation (EC) 974/98 of 3 May 1998 on the introduction of the euro(1), from 1 January 2002, the ECB and the NCBs (hereinafter referred to as the “Eurosystem”) shall put into circulation banknotes denominated in euro. Article 15 of this Regulation provides for the continuation of the legal tender status of banknotes denominated in national currency units during a maximum period of six months after the end of the transitional period. The year 2002 should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the total value of Eurosystem banknotes in circulation and with different patterns in Member States. This situation is comparable to the situation from 1999 to 2001 and, therefore, for the financial year 2002 monetary income should be calculated by a method analogous to that provided for in Decision ECB/2000/19 of 3 November 1998 as amended by Decision of 14 December 2000 on the allocation of monetary income of the national central banks of participating Member States and losses of the ECB for the financial years 1999 to 2001(2) in order to ensure that changes in the patterns of banknotes circulation do not significantly affect the relative income positions of NCBs. For 2002, Article 32.3 of the Statute allows the Governing Council to decide, by way of derogation from Article 32.2, that monetary income be measured according to an alternative method.(5) Article 9(1) of Guideline ECB/2001/1 of 10 January 2001 adopting certain provisions on the 2002 cash changeover(3) provides that euro banknotes frontloaded to credit institutions or to their appointed agents shall be debited in their respective accounts with the NCBs, as the case may be, for their face value, according to the following “linear debiting model”: one third of the frontloaded sum on 2 January 2002, one third on 23 January 2002, and the last third on 30 January 2002. The calculation of monetary income for the year 2002 needs to take account of this “linear debiting model”.(6) This Decision is related to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(4) that provides that the ECB and the NCBs shall issue euro banknotes. Decision ECB/2001/15 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. The same Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.(7) The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.(8) The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs monetary income under Article 32.2 of the Statute as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem’s monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs’ balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should take account of the special circumstances of the year 2002, during which Member States have different changeover scenarios, and during which credit institutions will increase to different levels their normal cash holdings, and should apply on a yearly basis in accordance with a fixed formula for no more than five years thereafter.(9) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs’ income positions as a consequence of the introduction of the euro banknotes and the subsequent allocation of monetary income. The Governing Council has therefore decided not to have recourse to the derogation from Article 32 of the Statute, allowed by Article 51 of the Statute.(10) The adjustments to the intra-Eurosystem balances on euro banknotes in circulation need to take account of the special situation of the Grand Duchy of Luxembourg arising from its recent monetary history.(11) The Governing Council of the ECB
Definitions
For the purposes of this Decision:
(a) “participating Member States” shall mean the Member States which have adopted the single currency in accordance with the Treaty establishing the European Community’;
(b) “NCBs” shall mean the national central banks of the participating Member States;
(c) “liability base” shall be the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;
(d) “earmarkable assets” shall be the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;
(e) “intra-Eurosystem balances on euro banknotes in circulation” shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes;
(f) “subscribed capital key” shall mean the percentages that result from applying to the NCBs the weighting in the key referred to in Article 29.1 of the Statute and as laid down in Decision ECB/1998/13 of 1 December 1998 on the national central banks’ percentage shares in the key for the capital of the European Central Bank(5);
(g) “credit institutions” shall mean credit institutions subject to minimum reserve requirements under Regulation ECB/1998/15(6) on the application of minimum reserves, as amended by Regulation ECB/2000/8(7);
(h) “HBS” shall mean the harmonised balance sheet as structured in Annex IX to the Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(8);
(i) “reference rate” shall be the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under paragraph 3.1.2 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem(9). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used.
Intra-Eurosystem balances on euro banknotes in circulation
1. The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
The first calculation of the intra-Eurosystem balances on euro banknotes in circulation under the previous paragraph shall be made for frontloaded euro banknotes on 2 January 2002 with a value date of 1 January 2002.
2. The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.
3. The remuneration referred to in the previous paragraph shall be settled by Target payments on a quarterly basis.
4. In derogation from the previous paragraph, for the financial year 2002, the remuneration referred to in paragraph 2 shall be settled at the end of the year.
Method for measuring monetary income
1. In 2002, the amount of each NCB’s monetary income shall be determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
MI is the amount of each NCB’s monetary income to be pooled,
LB is the liability base of each NCB,
RR is the reference rate.
2. From 2003 the amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As an exception thereof, gold shall be considered to generate no income.
3. Where the value of a NCB’s earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying to the value of the difference the average rate of return on the earmarkable assets of all NCBs taken together.
This average rate of return shall be calculated in the following manner. The total income accrued by all NCBs on their earmarkable assets, excluding all income arising from net intra-Eurosystem claims resulting from TARGET transactions (Annex II, A.3) and net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 (Annex II, A.4), shall be divided by the average amount of the total earmarkable assets of the Eurosystem. The average rate of return shall be applied on a 360 days basis.
Adjustments to intra-Eurosystem balances
1. For the purposes of monetary income calculation, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:
>REFERENCE TO A GRAPHIC>,whereby:
CA is the compensatory amount,
K is the amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
A is the average value for each NCB of banknotes in circulation during the period 1 July 1999 to 30 June 2001,
C is the following coefficient for each financial year:
2. The sum of the compensatory amounts of the NCBs shall be 0.
3. The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of 1 January on the first business day of each year. The accounting entries to balance the compensatory amounts shall not be remunerated.
4. In the event that the value of euro banknotes that the Banque centrale du Luxembourg puts into circulation in 2002 exceeds the average value of its banknotes in circulation during the period from 1 July 1999 to 30 June 2001 by 25 % or more, letter “A” in the formula of paragraph 1 shall be for the Banque centrale du Luxembourg the value of banknotes put into circulation by the Banque centrale du Luxembourg in 2002 up to a maximum limit of EUR 2,2 billion. Upon application of this derogation, all compensatory amounts calculated on the basis of Article 4(1) shall be subject to retroactive adjustments at the end of 2002, in order to ensure compliance with paragraph 2. Such retroactive adjustments shall be in proportion to the subscribed capital key.
5. In derogation from paragraph 1, upon the occurrence of specific contingencies relative to changes in patterns of banknote circulation as described in Annex III to this Decision, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
6. The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from 1 January 2008.
Calculation and allocation of monetary income
1. The calculation of each NCB’s monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.
2. The amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest accrued or paid on liabilities included within the liability base, and in accordance with any decision of the Governing Council of the ECB under the second paragraph of Article 32.4 of the Statute.
3. The allocation of the sum of each NCB’s monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.
Final provisions
1. This Decision shall enter into force on 1 January 2002.
2. This Decision shall be published in the Official Journal of the European Communities.
Done at Frankfurt am Main, 6 December 2001.
On behalf of the Governing Council of the ECB
Willem F. Duisenberg
(1) OJ L 139, 11.5.1998, p. 1.
(2) OJ L 336, 30.12.2000, p. 119.
(3) OJ L 55, 24.2.2001, p. 80.
(4) See page 52 of this Official Journal.
(5) OJ L 125, 19.5.1999, p. 33.
(6) OJ L 356, 30.12.1998, p. 1.
(7) OJ L 229, 9.9.2000, p. 34.
(8) OJ L 33, 2.2.2001, p. 21.
(9) OJ L 310, 11.12.2000, p. 1.
COMPOSITION OF THE LIABILITY BASE
A. The liability base shall include, with the exclusion of any other item:
1. banknotes in circulation
In the financial year 2002, for the purposes of this Annex and for each NCB, “banknotes in circulation”:
(i) shall also include banknotes issued by it and denominated in its national currency unit; and
(ii) shall be reduced by the value of the non-remunerated loans related to frontloaded euro banknotes that have not been yet debited (part of asset item 6 of the harmonised balance sheet (HBS)).
From the financial year 2003, for the purposes of this Annex and for each NCB, “banknotes in circulation” shall include banknotes denominated in euro, to the exclusion of any other banknotes;
2. liabilities to euro area credit institutions related to monetary policy operations denominated in euro, including:
(a) current accounts including minimum reserve requirements under Article 19.1 of the Statute (liability item 2.1 of the HBS);
(b) amounts in deposit under the Eurosystem deposit facility (liability item 2.2 of the HBS);
(c) fixed-term deposits (liability item 2.3 of the HBS);
(d) liabilities arising from fine-tuning reverse operations (liability item 2.4 of the HBS);
(e) deposits related to margin calls (liability item 2.5 of the HBS);
3. intra-Eurosystem liabilities of NCBs arising from the issue to the ECB of promissory notes backing the issuance of ECB debt certificates under Chapter 3.3 of Annex I to Guideline ECB/2000/7 (liability item 10.2 of the HBS);
4. net intra-Eurosystem liabilities resulting from TARGET transactions (part of liability item 10.3 of the HBS);
5. net intra-Eurosystem liabilities on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision.
B. The amount of each NCB’s liability base shall be calculated in accordance with the harmonised accounting principles and rules established in Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000.(1)
(1) OJ L 33, 2.2.2001, p. 21.
EARMARKABLE ASSETS
A. Earmarkable assets shall include, with the exclusion of any other item:
1. lending to euro area credit institutions related to monetary policy operations denominated in euro (asset item 5 of the harmonised balance sheet (HBS));
2. intra-Eurosystem claims equivalent to the transfer of foreign reserve assets other than gold to the ECB under Article 30 of the Statute (part of asset item 9.2 of the HBS);
3. net intra-Eurosystem claims resulting from TARGET transactions (part of asset item 9.4 of the HBS);
4. net intra Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 of this Decision;
5. gold, including claims in respect of gold transferred to the ECB, in an amount permitting each NCB to earmark a proportion of its gold that corresponds to the application of its share in the subscribed capital key to the total amount of gold earmarked by all NCBs. (asset item 1 and part of asset item 9.2 of the HBS).
For the purposes of this Decision, and at least until the calculation of monetary income for the financial year 2007, gold shall be valued on the basis of the gold price in euro per fine ounce as at 31 December 2002.
B. The value of each NCB’s earmarkable assets shall be calculated in accordance with the harmonised accounting principles and rules established in Guideline ECB/2000/18 on the legal framework of accounting and reporting in the European System of Central Banks as amended on 15 December 1999 and 14 December 2000(1).
(1) OJ L 33, 2.2.2001, p. 21.
SPECIAL CONTINGENT ADJUSTMENTS
A. First contingent adjustment
In the event that the total average of banknotes in circulation in 2002 is lower than the total average of banknotes, denominated in the national currency of the Member States that have adopted the euro, in the period of 1 July 1999 to 30 June 2001, the coefficient “C” applying to the financial year 2002 in accordance with Article 4(1) shall be reduced with retroactive effect in the same proportion as the decrease in the total average of banknotes in circulation.
The reduction shall not result in a coefficient lower than 0,8606735. Upon application of this derogation, one quarter of the resulting reduction to the NCBs compensatory amounts “CA” applicable in the year 2002 shall be added to each of the NCBs compensatory amounts applicable in 2004, 2005, 2006, and 2007 under Article 4(1).
B. Second contingent adjustment
In the event that those NCBs for which the compensatory amount referred to in Article 4(1) is a positive figure, pay net remuneration on intra-Eurosystem balances on banknotes in circulation that, when added to the item “net result of pooling of monetary income” in their profit and loss account at the end of the year, results in a net expense, the coefficient “C” applying to the financial year 2002 in accordance with Article 4(1) shall be reduced to the extent necessary to eliminate this condition.
The reduction shall not result in a coefficient lower than 0,8606735. Upon application of this derogation, one quarter of the resulting reduction to the NCBs compensatory amounts “CA” applicable in the year 2002 shall be added to each of the NCBs compensatory amounts applicable in 2004, 2005, 2006, and 2007 under Article 4(1).

Pending: 32001D0751

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs(1), as last amended by Decision 2000/505/EC(2), and in particular Articles 21(1), 23(1), 24(2), 26(2) and 27a thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas:(1) Commission Decision 96/482/EC(4) established animal health conditions and veterinary certificates for the importation of poultry and hatching eggs thereof from third countries, excluding ratites and hatching eggs thereof due to the biological differences between these birds and other poultry species.(2) Based on the opinion of the Scientific Veterinary Committee and on the information provided by the exporting countries concerned, import conditions for ratites and hatching eggs thereof can now be laid down.(3) Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks(5) lays down the requirements for marking of hatching eggs and its implementing Commission Regulation (EEC) No 1868/77(6) laying down detailed rules of application in particular concerning marking of hatching eggs and the requirements with respect to identification, shall apply to hatching eggs of ratites.(4) Commission Decision 96/659/EC of 22 November 1996 concerning protective measures in relation to Crimean Congo haemorrhagic fever(7), as last amended by Decision 97/183/EC(8), prohibits Member States importing ratites from Asia or Africa, unless extra guarantees are provided in relation to Crimean Congo haemorrhagic fever; with a view to ensure a consistent implementation, its requirements should be integrated into this Decision.(5) In order to avoid repetition of requirements in different legal acts, Decision 96/659/EC should be amended insofar as to exclude ratites covered by this present Decision from the scope of Decision 96/659/EC.(6) For reasons of consistency Decision 96/659/EC should also be amended with regard to ratite meat insofar as to exclude ratite meat covered by Commission Decision 2000/609/EC(9), as last amended by Decision 2000/782/EC(10).(7) According to Decision 96/659/EC, on arrival in the Community live ratites originating from countries in Asia or Africa shall be treated for ecto-parasites; according to Article 15(4)(b) of Directive 90/539/EEC, slaughter poultry must also be conveyed without delay to the slaughterhouse of destination; the health risk related to treatment and the time delay related to testing therefore prevents the import of ratites for slaughter from countries in Asia or Africa.(8) Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(11), as last amended by Directive 95/29/EC(12), must be taken into consideration when establishing the certification conditions for live ratites from third countries.(9) A list of third countries allowed to use the certificates for imports of live ratites must be established to achieve complete harmonisation of the conditions for import of live ratites; given the guarantees provided, this list should include, inter alia, Tunisia.(10) This list must be based on the principal list of third countries from which Member States authorise imports of live poultry and hatching eggs as it is drawn up by Commission Decision 95/233/EC(13), as last amended by Decision 96/619/EC(14).(11) Tunisia is, up to now, not included in the principal list drawn up by Decision 95/233/EC; this country, however, has not given the necessary guarantees to be included in that list and Decision 95/233/EC must be amended accordingly.(12) To use the certificates for live ratites the countries or parts thereof must have given sufficient guarantees to be considered as free from avian influenza and Newcastle disease according to Commission Decision 93/342/EEC(15), as last amended by Decision 94/438/EC(16), or apply measures to control them which are at least equivalent to those laid down in Council Directive 92/66/EEC(17), as last amended by the Act of Accession of Austria, Finland and Sweden, or offer animal health guarantees, which are at least equivalent to those offered by Chapter II of Directive 90/539/EEC.(13) The countries or parts thereof appearing on the list to use the certificates for live ratites have given the necessary guarantees listed above.(14) The Czech Republic, Israel and Switzerland apply measures to control Newcastle disease, which are at least equivalent to those laid down in Directive 92/66/EEC.(15) Namibia and South Africa have given the necessary guarantees to control Newcastle disease by offering animal health guarantees at least equivalent to those offered by Chapter II of Directive 90/539/EEC so that imports of live ratites other than those for slaughter can be allowed under the conditions laid down in the corresponding certificates in this Decision, and these countries have submitted to the Commission a satisfactory, statistically based sampling plan for surveillance for Newcastle disease on holdings from which farmed ratites will be sent for export to the EC.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.Article 21. Member States shall authorise imports of:(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.3. Member States shall authorise the importation of:(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.Article 31. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;(d) negative results of the test must be available before any bird is released from isolation.7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.Article 4If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.Article 5

Article 1
The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.

Article 2
1. Member States shall authorise imports of:
(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;
(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;
(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;
(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,
provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.
2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.
3. Member States shall authorise the importation of:
(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;
(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;
(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.

Article 3
1. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.
2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.
3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.
4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.
5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.
6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,
(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;
(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;
(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;
(d) negative results of the test must be available before any bird is released from isolation.
7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.
8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.

Article 4
If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.

Article 6
In Annex I and in Annex II of Decision 95/233/EC the following new line is inserted in accordance with the alphabetic order of the ISO code: “>TABLE>”

Article 7
This Decision shall apply for consignments certified as from 1 January 2002.

Article 8
This Decision is addressed to all Member States.
Done at Brussels, 16 October 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 201, 9.8.2000, p. 8.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 196, 7.8.1996, p. 13.
(5) OJ L 282, 1.11.1975, p. 100.
(6) OJ L 209, 17.8.1977, p. 1.
(7) OJ L 302, 26.11.1996, p. 27.
(8) OJ L 76, 18.3.1997, p. 32.
(9) OJ L 258, 12.10.2000, p. 49.
(10) OJ L 309, 9.12.2000, p. 37.
(11) OJ L 340, 11.12.1991, p. 17.
(12) OJ L 148, 30.6.1995, p. 52.
(13) OJ L 156, 7.7.1995, p. 76.
(14) OJ L 276, 29.10.1996, p. 18.
(15) OJ L 137, 8.6.1993, p. 24.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs(1), as last amended by Decision 2000/505/EC(2), and in particular Articles 21(1), 23(1), 24(2), 26(2) and 27a thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas:(1) Commission Decision 96/482/EC(4) established animal health conditions and veterinary certificates for the importation of poultry and hatching eggs thereof from third countries, excluding ratites and hatching eggs thereof due to the biological differences between these birds and other poultry species.(2) Based on the opinion of the Scientific Veterinary Committee and on the information provided by the exporting countries concerned, import conditions for ratites and hatching eggs thereof can now be laid down.(3) Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks(5) lays down the requirements for marking of hatching eggs and its implementing Commission Regulation (EEC) No 1868/77(6) laying down detailed rules of application in particular concerning marking of hatching eggs and the requirements with respect to identification, shall apply to hatching eggs of ratites.(4) Commission Decision 96/659/EC of 22 November 1996 concerning protective measures in relation to Crimean Congo haemorrhagic fever(7), as last amended by Decision 97/183/EC(8), prohibits Member States importing ratites from Asia or Africa, unless extra guarantees are provided in relation to Crimean Congo haemorrhagic fever; with a view to ensure a consistent implementation, its requirements should be integrated into this Decision.(5) In order to avoid repetition of requirements in different legal acts, Decision 96/659/EC should be amended insofar as to exclude ratites covered by this present Decision from the scope of Decision 96/659/EC.(6) For reasons of consistency Decision 96/659/EC should also be amended with regard to ratite meat insofar as to exclude ratite meat covered by Commission Decision 2000/609/EC(9), as last amended by Decision 2000/782/EC(10).(7) According to Decision 96/659/EC, on arrival in the Community live ratites originating from countries in Asia or Africa shall be treated for ecto-parasites; according to Article 15(4)(b) of Directive 90/539/EEC, slaughter poultry must also be conveyed without delay to the slaughterhouse of destination; the health risk related to treatment and the time delay related to testing therefore prevents the import of ratites for slaughter from countries in Asia or Africa.(8) Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(11), as last amended by Directive 95/29/EC(12), must be taken into consideration when establishing the certification conditions for live ratites from third countries.(9) A list of third countries allowed to use the certificates for imports of live ratites must be established to achieve complete harmonisation of the conditions for import of live ratites; given the guarantees provided, this list should include, inter alia, Tunisia.(10) This list must be based on the principal list of third countries from which Member States authorise imports of live poultry and hatching eggs as it is drawn up by Commission Decision 95/233/EC(13), as last amended by Decision 96/619/EC(14).(11) Tunisia is, up to now, not included in the principal list drawn up by Decision 95/233/EC; this country, however, has not given the necessary guarantees to be included in that list and Decision 95/233/EC must be amended accordingly.(12) To use the certificates for live ratites the countries or parts thereof must have given sufficient guarantees to be considered as free from avian influenza and Newcastle disease according to Commission Decision 93/342/EEC(15), as last amended by Decision 94/438/EC(16), or apply measures to control them which are at least equivalent to those laid down in Council Directive 92/66/EEC(17), as last amended by the Act of Accession of Austria, Finland and Sweden, or offer animal health guarantees, which are at least equivalent to those offered by Chapter II of Directive 90/539/EEC.(13) The countries or parts thereof appearing on the list to use the certificates for live ratites have given the necessary guarantees listed above.(14) The Czech Republic, Israel and Switzerland apply measures to control Newcastle disease, which are at least equivalent to those laid down in Directive 92/66/EEC.(15) Namibia and South Africa have given the necessary guarantees to control Newcastle disease by offering animal health guarantees at least equivalent to those offered by Chapter II of Directive 90/539/EEC so that imports of live ratites other than those for slaughter can be allowed under the conditions laid down in the corresponding certificates in this Decision, and these countries have submitted to the Commission a satisfactory, statistically based sampling plan for surveillance for Newcastle disease on holdings from which farmed ratites will be sent for export to the EC.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.Article 21. Member States shall authorise imports of:(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.3. Member States shall authorise the importation of:(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.Article 31. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;(d) negative results of the test must be available before any bird is released from isolation.7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.Article 4If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.Article 5
The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.
1. Member States shall authorise imports of:
(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;
(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;
(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;
(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,
provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.
2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.
3. Member States shall authorise the importation of:
(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;
(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;
(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.
1. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.
2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.
3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.
4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.
5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.
6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,
(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;
(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;
(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;
(d) negative results of the test must be available before any bird is released from isolation.
7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.
8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.
If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.
In Annex I and in Annex II of Decision 95/233/EC the following new line is inserted in accordance with the alphabetic order of the ISO code: “>TABLE>”
This Decision shall apply for consignments certified as from 1 January 2002.
This Decision is addressed to all Member States.
Done at Brussels, 16 October 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 201, 9.8.2000, p. 8.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 196, 7.8.1996, p. 13.
(5) OJ L 282, 1.11.1975, p. 100.
(6) OJ L 209, 17.8.1977, p. 1.
(7) OJ L 302, 26.11.1996, p. 27.
(8) OJ L 76, 18.3.1997, p. 32.
(9) OJ L 258, 12.10.2000, p. 49.
(10) OJ L 309, 9.12.2000, p. 37.
(11) OJ L 340, 11.12.1991, p. 17.
(12) OJ L 148, 30.6.1995, p. 52.
(13) OJ L 156, 7.7.1995, p. 76.
(14) OJ L 276, 29.10.1996, p. 18.
(15) OJ L 137, 8.6.1993, p. 24.
List of third countries or parts of third countries which are allowed to export live ratites or hatching eggs thereof to the European Union
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Pending: 32001D0751

January 15, 2026
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs(1), as last amended by Decision 2000/505/EC(2), and in particular Articles 21(1), 23(1), 24(2), 26(2) and 27a thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas:(1) Commission Decision 96/482/EC(4) established animal health conditions and veterinary certificates for the importation of poultry and hatching eggs thereof from third countries, excluding ratites and hatching eggs thereof due to the biological differences between these birds and other poultry species.(2) Based on the opinion of the Scientific Veterinary Committee and on the information provided by the exporting countries concerned, import conditions for ratites and hatching eggs thereof can now be laid down.(3) Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks(5) lays down the requirements for marking of hatching eggs and its implementing Commission Regulation (EEC) No 1868/77(6) laying down detailed rules of application in particular concerning marking of hatching eggs and the requirements with respect to identification, shall apply to hatching eggs of ratites.(4) Commission Decision 96/659/EC of 22 November 1996 concerning protective measures in relation to Crimean Congo haemorrhagic fever(7), as last amended by Decision 97/183/EC(8), prohibits Member States importing ratites from Asia or Africa, unless extra guarantees are provided in relation to Crimean Congo haemorrhagic fever; with a view to ensure a consistent implementation, its requirements should be integrated into this Decision.(5) In order to avoid repetition of requirements in different legal acts, Decision 96/659/EC should be amended insofar as to exclude ratites covered by this present Decision from the scope of Decision 96/659/EC.(6) For reasons of consistency Decision 96/659/EC should also be amended with regard to ratite meat insofar as to exclude ratite meat covered by Commission Decision 2000/609/EC(9), as last amended by Decision 2000/782/EC(10).(7) According to Decision 96/659/EC, on arrival in the Community live ratites originating from countries in Asia or Africa shall be treated for ecto-parasites; according to Article 15(4)(b) of Directive 90/539/EEC, slaughter poultry must also be conveyed without delay to the slaughterhouse of destination; the health risk related to treatment and the time delay related to testing therefore prevents the import of ratites for slaughter from countries in Asia or Africa.(8) Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(11), as last amended by Directive 95/29/EC(12), must be taken into consideration when establishing the certification conditions for live ratites from third countries.(9) A list of third countries allowed to use the certificates for imports of live ratites must be established to achieve complete harmonisation of the conditions for import of live ratites; given the guarantees provided, this list should include, inter alia, Tunisia.(10) This list must be based on the principal list of third countries from which Member States authorise imports of live poultry and hatching eggs as it is drawn up by Commission Decision 95/233/EC(13), as last amended by Decision 96/619/EC(14).(11) Tunisia is, up to now, not included in the principal list drawn up by Decision 95/233/EC; this country, however, has not given the necessary guarantees to be included in that list and Decision 95/233/EC must be amended accordingly.(12) To use the certificates for live ratites the countries or parts thereof must have given sufficient guarantees to be considered as free from avian influenza and Newcastle disease according to Commission Decision 93/342/EEC(15), as last amended by Decision 94/438/EC(16), or apply measures to control them which are at least equivalent to those laid down in Council Directive 92/66/EEC(17), as last amended by the Act of Accession of Austria, Finland and Sweden, or offer animal health guarantees, which are at least equivalent to those offered by Chapter II of Directive 90/539/EEC.(13) The countries or parts thereof appearing on the list to use the certificates for live ratites have given the necessary guarantees listed above.(14) The Czech Republic, Israel and Switzerland apply measures to control Newcastle disease, which are at least equivalent to those laid down in Directive 92/66/EEC.(15) Namibia and South Africa have given the necessary guarantees to control Newcastle disease by offering animal health guarantees at least equivalent to those offered by Chapter II of Directive 90/539/EEC so that imports of live ratites other than those for slaughter can be allowed under the conditions laid down in the corresponding certificates in this Decision, and these countries have submitted to the Commission a satisfactory, statistically based sampling plan for surveillance for Newcastle disease on holdings from which farmed ratites will be sent for export to the EC.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.Article 21. Member States shall authorise imports of:(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.3. Member States shall authorise the importation of:(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.Article 31. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;(d) negative results of the test must be available before any bird is released from isolation.7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.Article 4If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.Article 5

Article 1
The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.

Article 2
1. Member States shall authorise imports of:
(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;
(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;
(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;
(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,
provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.
2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.
3. Member States shall authorise the importation of:
(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;
(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;
(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.

Article 3
1. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.
2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.
3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.
4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.
5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.
6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,
(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;
(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;
(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;
(d) negative results of the test must be available before any bird is released from isolation.
7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.
8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.

Article 4
If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.

Article 6
In Annex I and in Annex II of Decision 95/233/EC the following new line is inserted in accordance with the alphabetic order of the ISO code: “>TABLE>”

Article 7
This Decision shall apply for consignments certified as from 1 January 2002.

Article 8
This Decision is addressed to all Member States.
Done at Brussels, 16 October 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 201, 9.8.2000, p. 8.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 196, 7.8.1996, p. 13.
(5) OJ L 282, 1.11.1975, p. 100.
(6) OJ L 209, 17.8.1977, p. 1.
(7) OJ L 302, 26.11.1996, p. 27.
(8) OJ L 76, 18.3.1997, p. 32.
(9) OJ L 258, 12.10.2000, p. 49.
(10) OJ L 309, 9.12.2000, p. 37.
(11) OJ L 340, 11.12.1991, p. 17.
(12) OJ L 148, 30.6.1995, p. 52.
(13) OJ L 156, 7.7.1995, p. 76.
(14) OJ L 276, 29.10.1996, p. 18.
(15) OJ L 137, 8.6.1993, p. 24.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of poultry and hatching eggs(1), as last amended by Decision 2000/505/EC(2), and in particular Articles 21(1), 23(1), 24(2), 26(2) and 27a thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas:(1) Commission Decision 96/482/EC(4) established animal health conditions and veterinary certificates for the importation of poultry and hatching eggs thereof from third countries, excluding ratites and hatching eggs thereof due to the biological differences between these birds and other poultry species.(2) Based on the opinion of the Scientific Veterinary Committee and on the information provided by the exporting countries concerned, import conditions for ratites and hatching eggs thereof can now be laid down.(3) Council Regulation (EEC) No 2782/75 of 29 October 1975 on the production and marketing of eggs for hatching and of farmyard poultry chicks(5) lays down the requirements for marking of hatching eggs and its implementing Commission Regulation (EEC) No 1868/77(6) laying down detailed rules of application in particular concerning marking of hatching eggs and the requirements with respect to identification, shall apply to hatching eggs of ratites.(4) Commission Decision 96/659/EC of 22 November 1996 concerning protective measures in relation to Crimean Congo haemorrhagic fever(7), as last amended by Decision 97/183/EC(8), prohibits Member States importing ratites from Asia or Africa, unless extra guarantees are provided in relation to Crimean Congo haemorrhagic fever; with a view to ensure a consistent implementation, its requirements should be integrated into this Decision.(5) In order to avoid repetition of requirements in different legal acts, Decision 96/659/EC should be amended insofar as to exclude ratites covered by this present Decision from the scope of Decision 96/659/EC.(6) For reasons of consistency Decision 96/659/EC should also be amended with regard to ratite meat insofar as to exclude ratite meat covered by Commission Decision 2000/609/EC(9), as last amended by Decision 2000/782/EC(10).(7) According to Decision 96/659/EC, on arrival in the Community live ratites originating from countries in Asia or Africa shall be treated for ecto-parasites; according to Article 15(4)(b) of Directive 90/539/EEC, slaughter poultry must also be conveyed without delay to the slaughterhouse of destination; the health risk related to treatment and the time delay related to testing therefore prevents the import of ratites for slaughter from countries in Asia or Africa.(8) Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(11), as last amended by Directive 95/29/EC(12), must be taken into consideration when establishing the certification conditions for live ratites from third countries.(9) A list of third countries allowed to use the certificates for imports of live ratites must be established to achieve complete harmonisation of the conditions for import of live ratites; given the guarantees provided, this list should include, inter alia, Tunisia.(10) This list must be based on the principal list of third countries from which Member States authorise imports of live poultry and hatching eggs as it is drawn up by Commission Decision 95/233/EC(13), as last amended by Decision 96/619/EC(14).(11) Tunisia is, up to now, not included in the principal list drawn up by Decision 95/233/EC; this country, however, has not given the necessary guarantees to be included in that list and Decision 95/233/EC must be amended accordingly.(12) To use the certificates for live ratites the countries or parts thereof must have given sufficient guarantees to be considered as free from avian influenza and Newcastle disease according to Commission Decision 93/342/EEC(15), as last amended by Decision 94/438/EC(16), or apply measures to control them which are at least equivalent to those laid down in Council Directive 92/66/EEC(17), as last amended by the Act of Accession of Austria, Finland and Sweden, or offer animal health guarantees, which are at least equivalent to those offered by Chapter II of Directive 90/539/EEC.(13) The countries or parts thereof appearing on the list to use the certificates for live ratites have given the necessary guarantees listed above.(14) The Czech Republic, Israel and Switzerland apply measures to control Newcastle disease, which are at least equivalent to those laid down in Directive 92/66/EEC.(15) Namibia and South Africa have given the necessary guarantees to control Newcastle disease by offering animal health guarantees at least equivalent to those offered by Chapter II of Directive 90/539/EEC so that imports of live ratites other than those for slaughter can be allowed under the conditions laid down in the corresponding certificates in this Decision, and these countries have submitted to the Commission a satisfactory, statistically based sampling plan for surveillance for Newcastle disease on holdings from which farmed ratites will be sent for export to the EC.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.Article 21. Member States shall authorise imports of:(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.3. Member States shall authorise the importation of:(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.Article 31. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;(d) negative results of the test must be available before any bird is released from isolation.7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.Article 4If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.Article 5
The provisions of this Decision shall apply to imports of ratites and hatching eggs thereof as defined in paragraphs 1 and 2 of Article 2 of Directive 90/539/EEC.
1. Member States shall authorise imports of:
(a) ratites for breeding and production, conforming to the requirements laid down in one of the model animal health certificates set out as Model A and as Model B in Annex II;
(b) hatching eggs of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model C and as Model D in Annex II;
(c) day-old chicks of ratites, conforming to the requirements laid down in one of the model animal health certificates set out as Model E and as Model F in Annex II;
(d) slaughter ratites, conforming to the requirements laid down in the model animal health certificates set out as Model G and as Model H in Annex II,
provided that the ratites or hatching eggs come from third countries or parts thereof listed in the appropriate column of Annex I, that they meet the requirements of the corresponding health certificate set out in Annex II and are accompanied by the relevant certificate, duly completed and signed.
2. Ratites for breeding and production, hatching eggs and day-old chicks of ratites must come from establishments which have been approved by the competent authority of the third country concerned according to requirements which are at least equivalent to those laid down in Annex II to Directive 90/539/EEC, where the approval of those establishments has not been suspended or withdrawn.
3. Member States shall authorise the importation of:
(a) live ratites only when they are identified with neck-tags and/or microchips which must include the ISO code of the country of origin; microchips must be in accordance with ISO standards;
(b) hatching eggs of ratites only when they are marked with a stamp indicating the ISO code of the country and the approval number of the establishment. Furthermore after the import control the consignment must be transported directly to its final destination. Such marking shall be in conformity with the general requirements for marketing of eggs laid down in Article 6 of Regulation (EEC) No 2782/75, as last amended and its implementing Regulation (EEC) No 1868/77;
(c) hatching eggs and day-old chicks of ratites, only when their packaging is marked indicating the ISO code of the country, the approval number of the establishment and when their packaging bears the information clearly visible and readable indicating that the consignment contains this specific product.
1. After importation, breeding or productive ratites or day-old chicks of ratites shall be kept in isolation on the holding(s) of destination either for a period of at least six weeks from the day of arrival or until the day of slaughter if they are slaughtered before the six weeks have elapsed.
2. After their importation as hatching eggs, the ratites hatched from those eggs shall be kept in isolation for a period of at least three weeks from the day of hatching in the hatchery or in the holding(s) to which they have been sent after hatching.
3. During the periods mentioned in paragraphs 1 and 2 as relevant and during the hatching of the eggs, the imported ratites or eggs and the ratites hatched from such eggs shall be kept separately from non-imported ones and from other poultry. Therefore, the ratites shall be kept in houses where no other ratite or other poultry flocks are present and the eggs must be hatched in separate incubators and hatchers.
4. By way of derogation from paragraph 3, Member States may authorise imported ratites or eggs to be added to ratites or other poultry or eggs respectively which are already present in the housing or incubator/hatcher. In that event, the periods specified in paragraphs 1 and 2 as relevant start from the introduction of the last imported bird or egg respectively and none of the birds shall leave the housing before the end of this period.
5. If the ratites come from countries in Asia or Africa on arrival in the Community they shall be treated to ensure that all ecto-parasites on them are destroyed. Fourteen days following the treatment each and every ratite shall be subjected to the competitive ELISA test for antibodies to Crimean Congo haemorrhagic fever. Each ratite giving a positive result to the test shall be destroyed. Every contact bird shall be retested by ELISA 21 days after the original sampling and if any of those birds give a positive result the whole contact group shall be destroyed.
6. If the ratites or hatching eggs from which chicks are hatched originate from a country considered infected with Newcastle disease,
(a) the isolation facilities referred to in paragraphs 1 and 2 as relevant must be checked and agreed by the competent authority before the isolation period begins;
(b) during the time periods referred to in paragraph 1 and 2 as relevant, a virus isolation test for Newcastle disease shall be carried out from either cloacal swabs or faeces samples from each bird;
(c) if the ratites are destined for a Member State or region from which the status has been established in accordance with Article 12(2) of Directive 90/539/EEC, in addition to the virus isolation test a serological test shall be carried out on each bird;
(d) negative results of the test must be available before any bird is released from isolation.
7. The ratites must undergo a clinical examination by an official veterinarian and where necessary samples must be taken to monitor their state of health, at least at the end of the periods specified in paragraphs 1 and 2 as relevant.
8. The periods mentioned in paragraph 1 and 2 as relevant shall be extended in the case of suspicion of avian influenza, Newcastle disease or Crimean Congo haemorrhagic fever until the suspicion has been ruled out.
If the ratites, the hatching eggs and day old chicks and/or their flocks of origin are to be submitted to testing according to the requirements of the certificates laid down in Annex II, the sampling for testing and the testing itself must be executed according to the protocols laid down in Decision 92/340/EEC, if applicable.
In Annex I and in Annex II of Decision 95/233/EC the following new line is inserted in accordance with the alphabetic order of the ISO code: “>TABLE>”
This Decision shall apply for consignments certified as from 1 January 2002.
This Decision is addressed to all Member States.
Done at Brussels, 16 October 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 303, 31.10.1990, p. 6.
(2) OJ L 201, 9.8.2000, p. 8.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 196, 7.8.1996, p. 13.
(5) OJ L 282, 1.11.1975, p. 100.
(6) OJ L 209, 17.8.1977, p. 1.
(7) OJ L 302, 26.11.1996, p. 27.
(8) OJ L 76, 18.3.1997, p. 32.
(9) OJ L 258, 12.10.2000, p. 49.
(10) OJ L 309, 9.12.2000, p. 37.
(11) OJ L 340, 11.12.1991, p. 17.
(12) OJ L 148, 30.6.1995, p. 52.
(13) OJ L 156, 7.7.1995, p. 76.
(14) OJ L 276, 29.10.1996, p. 18.
(15) OJ L 137, 8.6.1993, p. 24.
List of third countries or parts of third countries which are allowed to export live ratites or hatching eggs thereof to the European Union
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Pending: 32000D0766

January 15, 2026
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,Having regard to 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(2), and in particular Article 22 thereof,Having regard to the proposal of the Commission,Whereas:(1) Community rules for control of certain processed animal protein into ruminant feed entered into force in July 1994.(2) Cases of bovine spongiform encephalopathy (BSE) have been recorded in animals born in 1995 and later years in certain Member States.(3) Based on scientific opinion, the Commission adopted a series of measures for the animal feed, including high processing standards regarded as being the most effective for the inactivation of the agents of scrapie and BSE for the production of mammalian processed animal proteins, the exclusion of specified risk material from the feed chain and active surveillance measures to prevent cases of BSE from entering into the feed chain. The Scientific Steering Committee adopted an opinion on 27 and 28 November 2000. It recommended that, where the risk of cross-contamination of cattle feed with feed intended for other animals and which contains animal proteins possibly contaminated by the BSE agent cannot be excluded, a temporary ban of animal proteins in animal feed should be considered.(4) Certain Member States have reported deficiencies in the implementation of Community legislation on animal feed and have, as a consequence, adopted safeguard measures.(5) Community inspections have identified systematic failures in the implementation of Community rules in several Member States.(6) In the light of the above, as a precautionary measure, it is appropriate to prohibit on a temporary basis the use of animal protein in animal feed, pending a total re-evaluation of the implementation of Community legislation in Member States. As this prohibition could have environmental implications if not controlled properly, it is necessary to ensure that animal waste is collected, transported, processed, stored and disposed of in a safe manner.(7) A large scale Community testing programme will start on 1 January 2001. This programme will provide concrete data on the prevalence of BSE in Member States. This data will provide factual information of the effectiveness of past Community legislation on animal feed and will identify Member States where BSE recycling via processed animal protein remains a possibility. This information should be used in the review of the measure laid down by this Decision.(8) The Standing Veterinary Committee has not given a favourable opinion,

Article 1
For the purpose of this Decision the definition “Processed animal proteins” means meat-and-bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed proteins, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatine and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products.

Article 2
1. Member States shall prohibit the feeding of processed animal proteins to farmed animals which are kept, fattened or bred for the production of food.
2. The prohibition referred to in paragraph 1 shall not apply to the feeding of:
– fishmeal to animals other than ruminants, in accordance with control measures to be fixed in accordance with the procedure laid down in Article 17 of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3),
– gelatine of non-ruminants for coating additives within the meaning of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(4),
– dicalcium phosphate and hydrolysed proteins obtained in accordance with the conditions to be fixed in accordance with the procedure laid down in Article 17 of Directive 89/662/EEC,
– milk and milk products to farmed animals which are kept, fattened or bred for the production of food.

Article 3
1. With the exception of the derogations laid down in Article 2(2) the Member States shall:
(a) prohibit the placing on the market, the trade, the importation from third countries and the exportation to third countries of processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food,
(b) ensure that all processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food are withdrawn from the market, distribution channels and from on-farm storage.
2. Member States shall ensure that animal waste as defined by Directive 90/667/EEC(5) is collected, transported, processed, stored or disposed of in accordance with that Directive, Commission Decision 97/735/EC(6) and Council Decision 1999/534/EC(7).

Article 4
This Decision shall enter into force on 1 January 2001.
It shall apply until 30 June 2001.
It may be adapted by the Commission before 30 June 2001 to the situation of each Member State in the light of the results of Commission inspections and the incidence of BSE, based on the results of BSE monitoring, with particular reference to testing of bovine animals over 30 months of age, as established by Commission Decision 2000/764/EC(8).

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 4 December 2000.
For the Council
The President
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).
(2) OJ L 24, 30.1.1998, p. 9.
(3) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 4).
(4) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive 1999/70/EC (OJ L 80, 25.3.1999, p. 20).
(5) Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990, p. 51). Directive as last amended by the 1994 Act of Accession.
(6) Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (OJ L 294, 28.10.1997, p. 7). Decision as amended by Council Decision 1999/534/EC.
(7) Council Decision 1999/534/EC of 19 July 1999 on measures applying to the processing of certain animal waste to protect against transmissible spongiform encephalopathies and amending Commission Decision 97/735/EC (OJ L 204, 4.8.1999, p. 37).
(8) OJ L 305, 6.12.2000, p. 35.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,Having regard to 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(2), and in particular Article 22 thereof,Having regard to the proposal of the Commission,Whereas:(1) Community rules for control of certain processed animal protein into ruminant feed entered into force in July 1994.(2) Cases of bovine spongiform encephalopathy (BSE) have been recorded in animals born in 1995 and later years in certain Member States.(3) Based on scientific opinion, the Commission adopted a series of measures for the animal feed, including high processing standards regarded as being the most effective for the inactivation of the agents of scrapie and BSE for the production of mammalian processed animal proteins, the exclusion of specified risk material from the feed chain and active surveillance measures to prevent cases of BSE from entering into the feed chain. The Scientific Steering Committee adopted an opinion on 27 and 28 November 2000. It recommended that, where the risk of cross-contamination of cattle feed with feed intended for other animals and which contains animal proteins possibly contaminated by the BSE agent cannot be excluded, a temporary ban of animal proteins in animal feed should be considered.(4) Certain Member States have reported deficiencies in the implementation of Community legislation on animal feed and have, as a consequence, adopted safeguard measures.(5) Community inspections have identified systematic failures in the implementation of Community rules in several Member States.(6) In the light of the above, as a precautionary measure, it is appropriate to prohibit on a temporary basis the use of animal protein in animal feed, pending a total re-evaluation of the implementation of Community legislation in Member States. As this prohibition could have environmental implications if not controlled properly, it is necessary to ensure that animal waste is collected, transported, processed, stored and disposed of in a safe manner.(7) A large scale Community testing programme will start on 1 January 2001. This programme will provide concrete data on the prevalence of BSE in Member States. This data will provide factual information of the effectiveness of past Community legislation on animal feed and will identify Member States where BSE recycling via processed animal protein remains a possibility. This information should be used in the review of the measure laid down by this Decision.(8) The Standing Veterinary Committee has not given a favourable opinion,
For the purpose of this Decision the definition “Processed animal proteins” means meat-and-bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed proteins, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatine and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products.
1. Member States shall prohibit the feeding of processed animal proteins to farmed animals which are kept, fattened or bred for the production of food.
2. The prohibition referred to in paragraph 1 shall not apply to the feeding of:
– fishmeal to animals other than ruminants, in accordance with control measures to be fixed in accordance with the procedure laid down in Article 17 of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3),
– gelatine of non-ruminants for coating additives within the meaning of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(4),
– dicalcium phosphate and hydrolysed proteins obtained in accordance with the conditions to be fixed in accordance with the procedure laid down in Article 17 of Directive 89/662/EEC,
– milk and milk products to farmed animals which are kept, fattened or bred for the production of food.
1. With the exception of the derogations laid down in Article 2(2) the Member States shall:
(a) prohibit the placing on the market, the trade, the importation from third countries and the exportation to third countries of processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food,
(b) ensure that all processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food are withdrawn from the market, distribution channels and from on-farm storage.
2. Member States shall ensure that animal waste as defined by Directive 90/667/EEC(5) is collected, transported, processed, stored or disposed of in accordance with that Directive, Commission Decision 97/735/EC(6) and Council Decision 1999/534/EC(7).
This Decision shall enter into force on 1 January 2001.
It shall apply until 30 June 2001.
It may be adapted by the Commission before 30 June 2001 to the situation of each Member State in the light of the results of Commission inspections and the incidence of BSE, based on the results of BSE monitoring, with particular reference to testing of bovine animals over 30 months of age, as established by Commission Decision 2000/764/EC(8).
This Decision is addressed to the Member States.
Done at Brussels, 4 December 2000.
For the Council
The President
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).
(2) OJ L 24, 30.1.1998, p. 9.
(3) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 4).
(4) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive 1999/70/EC (OJ L 80, 25.3.1999, p. 20).
(5) Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990, p. 51). Directive as last amended by the 1994 Act of Accession.
(6) Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (OJ L 294, 28.10.1997, p. 7). Decision as amended by Council Decision 1999/534/EC.
(7) Council Decision 1999/534/EC of 19 July 1999 on measures applying to the processing of certain animal waste to protect against transmissible spongiform encephalopathies and amending Commission Decision 97/735/EC (OJ L 204, 4.8.1999, p. 37).
(8) OJ L 305, 6.12.2000, p. 35.

Pending: 32000D0766

January 15, 2026
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,Having regard to 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(2), and in particular Article 22 thereof,Having regard to the proposal of the Commission,Whereas:(1) Community rules for control of certain processed animal protein into ruminant feed entered into force in July 1994.(2) Cases of bovine spongiform encephalopathy (BSE) have been recorded in animals born in 1995 and later years in certain Member States.(3) Based on scientific opinion, the Commission adopted a series of measures for the animal feed, including high processing standards regarded as being the most effective for the inactivation of the agents of scrapie and BSE for the production of mammalian processed animal proteins, the exclusion of specified risk material from the feed chain and active surveillance measures to prevent cases of BSE from entering into the feed chain. The Scientific Steering Committee adopted an opinion on 27 and 28 November 2000. It recommended that, where the risk of cross-contamination of cattle feed with feed intended for other animals and which contains animal proteins possibly contaminated by the BSE agent cannot be excluded, a temporary ban of animal proteins in animal feed should be considered.(4) Certain Member States have reported deficiencies in the implementation of Community legislation on animal feed and have, as a consequence, adopted safeguard measures.(5) Community inspections have identified systematic failures in the implementation of Community rules in several Member States.(6) In the light of the above, as a precautionary measure, it is appropriate to prohibit on a temporary basis the use of animal protein in animal feed, pending a total re-evaluation of the implementation of Community legislation in Member States. As this prohibition could have environmental implications if not controlled properly, it is necessary to ensure that animal waste is collected, transported, processed, stored and disposed of in a safe manner.(7) A large scale Community testing programme will start on 1 January 2001. This programme will provide concrete data on the prevalence of BSE in Member States. This data will provide factual information of the effectiveness of past Community legislation on animal feed and will identify Member States where BSE recycling via processed animal protein remains a possibility. This information should be used in the review of the measure laid down by this Decision.(8) The Standing Veterinary Committee has not given a favourable opinion,

Article 1
For the purpose of this Decision the definition “Processed animal proteins” means meat-and-bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed proteins, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatine and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products.

Article 2
1. Member States shall prohibit the feeding of processed animal proteins to farmed animals which are kept, fattened or bred for the production of food.
2. The prohibition referred to in paragraph 1 shall not apply to the feeding of:
– fishmeal to animals other than ruminants, in accordance with control measures to be fixed in accordance with the procedure laid down in Article 17 of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3),
– gelatine of non-ruminants for coating additives within the meaning of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(4),
– dicalcium phosphate and hydrolysed proteins obtained in accordance with the conditions to be fixed in accordance with the procedure laid down in Article 17 of Directive 89/662/EEC,
– milk and milk products to farmed animals which are kept, fattened or bred for the production of food.

Article 3
1. With the exception of the derogations laid down in Article 2(2) the Member States shall:
(a) prohibit the placing on the market, the trade, the importation from third countries and the exportation to third countries of processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food,
(b) ensure that all processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food are withdrawn from the market, distribution channels and from on-farm storage.
2. Member States shall ensure that animal waste as defined by Directive 90/667/EEC(5) is collected, transported, processed, stored or disposed of in accordance with that Directive, Commission Decision 97/735/EC(6) and Council Decision 1999/534/EC(7).

Article 4
This Decision shall enter into force on 1 January 2001.
It shall apply until 30 June 2001.
It may be adapted by the Commission before 30 June 2001 to the situation of each Member State in the light of the results of Commission inspections and the incidence of BSE, based on the results of BSE monitoring, with particular reference to testing of bovine animals over 30 months of age, as established by Commission Decision 2000/764/EC(8).

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 4 December 2000.
For the Council
The President
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).
(2) OJ L 24, 30.1.1998, p. 9.
(3) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 4).
(4) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive 1999/70/EC (OJ L 80, 25.3.1999, p. 20).
(5) Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990, p. 51). Directive as last amended by the 1994 Act of Accession.
(6) Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (OJ L 294, 28.10.1997, p. 7). Decision as amended by Council Decision 1999/534/EC.
(7) Council Decision 1999/534/EC of 19 July 1999 on measures applying to the processing of certain animal waste to protect against transmissible spongiform encephalopathies and amending Commission Decision 97/735/EC (OJ L 204, 4.8.1999, p. 37).
(8) OJ L 305, 6.12.2000, p. 35.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,Having regard to 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(2), and in particular Article 22 thereof,Having regard to the proposal of the Commission,Whereas:(1) Community rules for control of certain processed animal protein into ruminant feed entered into force in July 1994.(2) Cases of bovine spongiform encephalopathy (BSE) have been recorded in animals born in 1995 and later years in certain Member States.(3) Based on scientific opinion, the Commission adopted a series of measures for the animal feed, including high processing standards regarded as being the most effective for the inactivation of the agents of scrapie and BSE for the production of mammalian processed animal proteins, the exclusion of specified risk material from the feed chain and active surveillance measures to prevent cases of BSE from entering into the feed chain. The Scientific Steering Committee adopted an opinion on 27 and 28 November 2000. It recommended that, where the risk of cross-contamination of cattle feed with feed intended for other animals and which contains animal proteins possibly contaminated by the BSE agent cannot be excluded, a temporary ban of animal proteins in animal feed should be considered.(4) Certain Member States have reported deficiencies in the implementation of Community legislation on animal feed and have, as a consequence, adopted safeguard measures.(5) Community inspections have identified systematic failures in the implementation of Community rules in several Member States.(6) In the light of the above, as a precautionary measure, it is appropriate to prohibit on a temporary basis the use of animal protein in animal feed, pending a total re-evaluation of the implementation of Community legislation in Member States. As this prohibition could have environmental implications if not controlled properly, it is necessary to ensure that animal waste is collected, transported, processed, stored and disposed of in a safe manner.(7) A large scale Community testing programme will start on 1 January 2001. This programme will provide concrete data on the prevalence of BSE in Member States. This data will provide factual information of the effectiveness of past Community legislation on animal feed and will identify Member States where BSE recycling via processed animal protein remains a possibility. This information should be used in the review of the measure laid down by this Decision.(8) The Standing Veterinary Committee has not given a favourable opinion,
For the purpose of this Decision the definition “Processed animal proteins” means meat-and-bone meal, meat meal, bone meal, blood meal, dried plasma and other blood products, hydrolysed proteins, hoof meal, horn meal, poultry offal meal, feather meal, dry greaves, fishmeal, dicalcium phosphate, gelatine and any other similar products including mixtures, feedingstuffs, feed additives and premixtures, containing these products.
1. Member States shall prohibit the feeding of processed animal proteins to farmed animals which are kept, fattened or bred for the production of food.
2. The prohibition referred to in paragraph 1 shall not apply to the feeding of:
– fishmeal to animals other than ruminants, in accordance with control measures to be fixed in accordance with the procedure laid down in Article 17 of Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(3),
– gelatine of non-ruminants for coating additives within the meaning of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(4),
– dicalcium phosphate and hydrolysed proteins obtained in accordance with the conditions to be fixed in accordance with the procedure laid down in Article 17 of Directive 89/662/EEC,
– milk and milk products to farmed animals which are kept, fattened or bred for the production of food.
1. With the exception of the derogations laid down in Article 2(2) the Member States shall:
(a) prohibit the placing on the market, the trade, the importation from third countries and the exportation to third countries of processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food,
(b) ensure that all processed animal proteins intended for the feeding of farmed animals which are kept, fattened or bred for the production of food are withdrawn from the market, distribution channels and from on-farm storage.
2. Member States shall ensure that animal waste as defined by Directive 90/667/EEC(5) is collected, transported, processed, stored or disposed of in accordance with that Directive, Commission Decision 97/735/EC(6) and Council Decision 1999/534/EC(7).
This Decision shall enter into force on 1 January 2001.
It shall apply until 30 June 2001.
It may be adapted by the Commission before 30 June 2001 to the situation of each Member State in the light of the results of Commission inspections and the incidence of BSE, based on the results of BSE monitoring, with particular reference to testing of bovine animals over 30 months of age, as established by Commission Decision 2000/764/EC(8).
This Decision is addressed to the Member States.
Done at Brussels, 4 December 2000.
For the Council
The President
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 49).
(2) OJ L 24, 30.1.1998, p. 9.
(3) OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 92/118/EEC (OJ L 62, 15.3.1993, p. 4).
(4) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive 1999/70/EC (OJ L 80, 25.3.1999, p. 20).
(5) Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (OJ L 363, 27.12.1990, p. 51). Directive as last amended by the 1994 Act of Accession.
(6) Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (OJ L 294, 28.10.1997, p. 7). Decision as amended by Council Decision 1999/534/EC.
(7) Council Decision 1999/534/EC of 19 July 1999 on measures applying to the processing of certain animal waste to protect against transmissible spongiform encephalopathies and amending Commission Decision 97/735/EC (OJ L 204, 4.8.1999, p. 37).
(8) OJ L 305, 6.12.2000, p. 35.