Pending: 32010D0656

                                January 15, 2026                            

30.10.2010
EN
Official Journal of the European Union
L 285/28

(1)
On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire(1)in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004).

(2)
On 23 January 2006, the Council adopted Common Position 2006/30/CFSP(2)renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005).

(3)
Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP(3)further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008.

(4)
On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms.

(5)
The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union.

(6)
Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire(4), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire(5)and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds(6),

(a)
to provide, directly or indirectly, technical assistance, brokering services and other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire;

(b)
to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering service or other services to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire.

(a)
supplies and technical assistance intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire and the French forces who support them;

(b)
the following, as approved in advance by the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’):(i)the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;(ii)the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;(iii)the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);(iv)the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);
(i)
the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;
(ii)
the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;
(iii)
the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);
(iv)
the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

(i)
the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;

(ii)
the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;

(iii)
the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);

(iv)
the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

(i)
the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;

(ii)
the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;

(iii)
the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);

(iv)
the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

(c)
the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

(d)
sales or supplies temporarily transferred or exported to Côte d’Ivoire to the forces of a state which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire, as notified in advance to the Sanctions Committee;

(e)
the sale, supply, transfer or export of arms and related material and technical training and assistance intended solely for the support of, or use in, the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas-Marcoussis Agreement, as approved in advance by the Sanctions Committee;

(f)
the sale, supply, transfer or export of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order, as well as the provision of financing, financial assistance or technical assistance and training related to such equipment.

(a)
travel is justified on the grounds of urgent humanitarian need, including religious obligations;

(b)
an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d’Ivoire and stability in the region.

(a)
necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c)
intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

(d)
necessary for extraordinary expenses, after notification by the Member State concerned to the Sanctions Committee and approval by the latter;

(e)
the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Sanctions Committee.

(a)
interest or other earnings on those accounts; or

(b)
payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

Name (and possible aliases)
Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)
Grounds for designation
Date of UN designation

1.
BLÉ GOUDÉ, Charles (alias Général; Génie de kpo, Gbapé Zadi)
d.o.b.: 1.1.1972Nationality: IvorianP.: 04LE66241 République de Côte d’Ivoire issued on 10.11.2005 valid until 9.11.2008PD.: AE/088 DH 12 République de Côte d’Ivoire issued on 20.12.2002 valid until 11.12.2005P.: 98LC39292 République de Côte d’Ivoire issued on 24.11.2000 valid until 23.11.2003Place of birth: Guibéroua (Gagnoa) or Niagbrahio/Guiberoua or GuiberouaAddress known in 2001: Yopougon Selmer, Bloc P 170; also at Hotel IvoireAddress declared in travel document No C2310421 issued by Switzerland on 15.11.2005 and valid until 31.12.2005: Abidjan, Cocody
Leader of COJEP (‘Young Patriots’) repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; intimidation of the United Nations, the International Working Group (IWG), the political opposition and independent press; sabotage of international radio stations; obstacle to the action of the IWG, the United Nations Operation in Côte d’Ivoire (UNOCI), the French forces and to the peace process as defined by resolution 1643 (2005).
7 February 2006

2.
DJUÉ, Eugène N’goran Kouadio
d.o.b.: 1.1.1966 or 20.12.1969Nationality: IvorianP.: 04 LE 017521 issued on 10 February 2005 and valid until 10 February 2008
Leader of the Union des Patriotes pour la Libération Totale de la Côte d’Ivoire (UPLTCI). Repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; obstacle to the action of IWG, UNOCI, the French forces and to the peace process as defined by resolution 1643 (2005).
7 February 2006

3.
FOFIE, Martin Kouakou
d.o.b.: 1.1.1968Nationality: IvorianPlace of birth: BOHI, Côte d’IvoireBurkina Faso Identity Card Number: 2096927 issued on 17 March 2005Burkina Faso Nationality Certificate: CNB N.076 (17 February 2003)Father’s name: Yao Koffi FOFIEMother’s name: Ama Krouama KOSSONOUCôte d’Ivoire Identity Card Number: 970860100249 issued on 5 August 1997 valid until 5 August 2007
Chief Corporal New Force Commandant, Korhogo Sector. Forces under his command engaged in recruitment of child soldiers, abductions, imposition of forced labour, sexual abuse of women, arbitrary arrests and extra-judicial killings, contrary to human rights conventions and to international humanitarian law: obstacle to the action of the IWG, UNOCI, French forces and to the peace process as defined by resolution 1643 (2005).
7 February 2006

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

(1) On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire(1)in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004).

(2) On 23 January 2006, the Council adopted Common Position 2006/30/CFSP(2)renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005).

(3) Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP(3)further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008.

(4) On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms.

(5) The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union.

(6) Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire(4), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire(5)and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds(6),

HAS ADOPTED THIS DECISION:
Article 1

1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Côte d’Ivoire by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States shall be prohibited, regardless of whether such arms, related material and equipment originate in the territories of the Member States.

2.   It shall also be prohibited:

(a)

to provide, directly or indirectly, technical assistance, brokering services and other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire;

(b)

to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering service or other services to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire.
Article 2

Article 1 shall not apply to:

(a)

supplies and technical assistance intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire and the French forces who support them;

(b)

the following, as approved in advance by the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’):

(i)

the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;

(ii)

the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;

(iii)

the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);

(iv)

the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

(c)

the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

(d)

sales or supplies temporarily transferred or exported to Côte d’Ivoire to the forces of a state which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire, as notified in advance to the Sanctions Committee;

(e)

the sale, supply, transfer or export of arms and related material and technical training and assistance intended solely for the support of, or use in, the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas-Marcoussis Agreement, as approved in advance by the Sanctions Committee;

(f)

the sale, supply, transfer or export of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order, as well as the provision of financing, financial assistance or technical assistance and training related to such equipment.
Article 3

The direct or indirect import of all rough diamonds from Côte d’Ivoire to the Union, whether or not such diamonds originated in Côte d’Ivoire, shall be prohibited in accordance with UNSCR 1643 (2005).
Article 4

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Sanctions Committee, who constitute a threat to the peace and national reconciliation process in Côte d’Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire on the basis of relevant information, any other person who incites publicly hatred and violence and any other person determined by the Sanctions Committee to be in violation of the measures imposed by paragraph 7 of UNSCR 1572 (2004).

The persons referred to in the first subparagraph are listed in the Annex.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall not apply where the Sanctions Committee determines that:

(a)

travel is justified on the grounds of urgent humanitarian need, including religious obligations;

(b)

an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d’Ivoire and stability in the region.

4.   In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
Article 5

1.   All funds and economic resources owned or controlled directly or indirectly by the persons or entities designated by the Sanctions Committee pursuant to Article 4(1) or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction, as designated by the Sanctions Committee, shall be frozen.

The persons referred in the first subparagraph are listed in the Annex.

2.   No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of persons or entities referred to in paragraph 1.

3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a)

necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)

intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c)

intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

(d)

necessary for extraordinary expenses, after notification by the Member State concerned to the Sanctions Committee and approval by the latter;

(e)

the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Sanctions Committee.

The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Sanctions Committee within two working days of such notification.

4.   Paragraph 2 shall not apply to the addition to frozen accounts of:

(a)

interest or other earnings on those accounts; or

(b)

payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
Article 6

The Council shall establish the list in the Annex and amend it in accordance with determinations made by either the United Nations Security Council or the Sanctions Committee.
Article 7

1.   Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include such person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.

2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
Article 8

1.   The Annex shall include the grounds for listing the persons and entities as provided by the Security Council or the Sanctions Committee.

2.   The Annex shall also include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the Security Council or by the Sanctions Committee.
Article 9

Common Positions 2004/852/CFSP and 2006/30/CFSP are hereby repealed.
Article 10

1.   This Decision shall enter into force on the date of its adoption.

2.   It shall be reviewed, amended or repealed as appropriate, in accordance with relevant decisions of the United Nations Security Council.
THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

(1) On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire(1)in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004).

(2) On 23 January 2006, the Council adopted Common Position 2006/30/CFSP(2)renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005).

(3) Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP(3)further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008.

(4) On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms.

(5) The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union.

(6) Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire(4), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire(5)and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds(6),

HAS ADOPTED THIS DECISION:
1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Côte d’Ivoire by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States shall be prohibited, regardless of whether such arms, related material and equipment originate in the territories of the Member States.

2.   It shall also be prohibited:

(a)

to provide, directly or indirectly, technical assistance, brokering services and other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire;

(b)

to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering service or other services to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire.
Article 1 shall not apply to:

(a)

supplies and technical assistance intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire and the French forces who support them;

(b)

the following, as approved in advance by the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’):

(i)

the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;

(ii)

the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;

(iii)

the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);

(iv)

the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

(c)

the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

(d)

sales or supplies temporarily transferred or exported to Côte d’Ivoire to the forces of a state which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire, as notified in advance to the Sanctions Committee;

(e)

the sale, supply, transfer or export of arms and related material and technical training and assistance intended solely for the support of, or use in, the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas-Marcoussis Agreement, as approved in advance by the Sanctions Committee;

(f)

the sale, supply, transfer or export of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order, as well as the provision of financing, financial assistance or technical assistance and training related to such equipment.
The direct or indirect import of all rough diamonds from Côte d’Ivoire to the Union, whether or not such diamonds originated in Côte d’Ivoire, shall be prohibited in accordance with UNSCR 1643 (2005).
1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Sanctions Committee, who constitute a threat to the peace and national reconciliation process in Côte d’Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire on the basis of relevant information, any other person who incites publicly hatred and violence and any other person determined by the Sanctions Committee to be in violation of the measures imposed by paragraph 7 of UNSCR 1572 (2004).

The persons referred to in the first subparagraph are listed in the Annex.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall not apply where the Sanctions Committee determines that:

(a)

travel is justified on the grounds of urgent humanitarian need, including religious obligations;

(b)

an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d’Ivoire and stability in the region.

4.   In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
1.   All funds and economic resources owned or controlled directly or indirectly by the persons or entities designated by the Sanctions Committee pursuant to Article 4(1) or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction, as designated by the Sanctions Committee, shall be frozen.

The persons referred in the first subparagraph are listed in the Annex.

2.   No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of persons or entities referred to in paragraph 1.

3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a)

necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)

intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c)

intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

(d)

necessary for extraordinary expenses, after notification by the Member State concerned to the Sanctions Committee and approval by the latter;

(e)

the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Sanctions Committee.

The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Sanctions Committee within two working days of such notification.

4.   Paragraph 2 shall not apply to the addition to frozen accounts of:

(a)

interest or other earnings on those accounts; or

(b)

payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
The Council shall establish the list in the Annex and amend it in accordance with determinations made by either the United Nations Security Council or the Sanctions Committee.
1.   Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include such person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.

2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
1.   The Annex shall include the grounds for listing the persons and entities as provided by the Security Council or the Sanctions Committee.

2.   The Annex shall also include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the Security Council or by the Sanctions Committee.
Common Positions 2004/852/CFSP and 2006/30/CFSP are hereby repealed.
1.   This Decision shall enter into force on the date of its adoption.

2.   It shall be reviewed, amended or repealed as appropriate, in accordance with relevant decisions of the United Nations Security Council.
ANNEX

List of persons referred to in Articles 4 and 5
 | Name (and possible aliases) | Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.) | Grounds for designation | Date of UN designation

1. | BLÉ GOUDÉ, Charles (alias Général; Génie de kpo, Gbapé Zadi) | d.o.b.: 1.1.1972Nationality: IvorianP.: 04LE66241 République de Côte d’Ivoire issued on 10.11.2005 valid until 9.11.2008PD.: AE/088 DH 12 République de Côte d’Ivoire issued on 20.12.2002 valid until 11.12.2005P.: 98LC39292 République de Côte d’Ivoire issued on 24.11.2000 valid until 23.11.2003Place of birth: Guibéroua (Gagnoa) or Niagbrahio/Guiberoua or GuiberouaAddress known in 2001: Yopougon Selmer, Bloc P 170; also at Hotel IvoireAddress declared in travel document No C2310421 issued by Switzerland on 15.11.2005 and valid until 31.12.2005: Abidjan, Cocody | Leader of COJEP (‘Young Patriots’) repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; intimidation of the United Nations, the International Working Group (IWG), the political opposition and independent press; sabotage of international radio stations; obstacle to the action of the IWG, the United Nations Operation in Côte d’Ivoire (UNOCI), the French forces and to the peace process as defined by resolution 1643 (2005). | 7 February 2006

2. | DJUÉ, Eugène N’goran Kouadio | d.o.b.: 1.1.1966 or 20.12.1969Nationality: IvorianP.: 04 LE 017521 issued on 10 February 2005 and valid until 10 February 2008 | Leader of the Union des Patriotes pour la Libération Totale de la Côte d’Ivoire (UPLTCI). Repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; obstacle to the action of IWG, UNOCI, the French forces and to the peace process as defined by resolution 1643 (2005). | 7 February 2006

3. | FOFIE, Martin Kouakou | d.o.b.: 1.1.1968Nationality: IvorianPlace of birth: BOHI, Côte d’IvoireBurkina Faso Identity Card Number: 2096927 issued on 17 March 2005Burkina Faso Nationality Certificate: CNB N.076 (17 February 2003)Father’s name: Yao Koffi FOFIEMother’s name: Ama Krouama KOSSONOUCôte d’Ivoire Identity Card Number: 970860100249 issued on 5 August 1997 valid until 5 August 2007 | Chief Corporal New Force Commandant, Korhogo Sector. Forces under his command engaged in recruitment of child soldiers, abductions, imposition of forced labour, sexual abuse of women, arbitrary arrests and extra-judicial killings, contrary to human rights conventions and to international humanitarian law: obstacle to the action of the IWG, UNOCI, French forces and to the peace process as defined by resolution 1643 (2005). | 7 February 2006

Pending: 32007D0777

                                January 15, 2026                            

30.11.2007
EN
Official Journal of the European Union
L 312/49



(1)
Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC(3)lays down the animal and public health rules and certification requirements for the importation into the Community of consignments of certain meat products, including the lists of third countries and parts thereof from which imports of such products are authorised.



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



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



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



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



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



(7)
Council Directive 97/78/EC(10)of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements.



(8)
It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year.



(9)
Commission Decision 2001/881/EC(11)of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community.



(10)
Annex II to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(12), establishes the list of third countries or parts thereof from which imports of fresh meat of certain animals are authorised. Iceland is listed in Annex II to that Decision as a country authorised to export fresh meat of certain animals. Therefore, import of meat products and treated stomachs, bladders and intestines of those animals from Iceland should be allowed without the application of any specific treatment.



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



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



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



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



(15)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,



(a)
meat products, as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004; and



(b)
treated stomachs, bladders and intestines, as defined in point 7.9 of that Annex, which have undergone one of the treatments laid down in Annex II part 4 to this Decision.



(a)
poultry including fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and partridges reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game;



(b)
domestic animals of the following species: bovine animals, includingBubalus bubalisandBison bison, swine, sheep, goats and solipeds;



(c)
rabbits and hares, and farmed game, as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004;



(d)
wild game, as defined in point 1.5 of Annex I to Regulation (EC) No 853/2004.



(a)
comply with the conditions concerning origin and treatment set out in Annex I(1) and (2); and



(b)
originate in the following third countries and parts thereof:(i)in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;(ii)in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.
(i)
in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;
(ii)
in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.

(i)
in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;

(ii)
in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.



(i)
in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;



(ii)
in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.



(a)
only consignments of meat products and treated stomachs, bladders and intestines that are obtained from fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004 that complies with the Community public health requirements, are imported into the Community;



(b)
only consignments of meat products and treated stomachs, bladders and intestines complying with the requirements of the model public and animal health certificate set out in Annex III are imported into the Community;



(c)
that certificate accompanies such consignments and is duly completed and signed by the official veterinarian of the third country of dispatch.



(a)
they come from the territory of a third country or a part thereof listed in Annex II and have undergone the minimum treatment for the import of meat products and treated stomachs, bladders and intestines of the species provided for therein;



(b)
they comply with the specific animal health conditions for the species concerned set out in the model animal and public health certificate in Annex III;



(c)
they are accompanied by an animal health certificate drawn up in accordance with the model set out in Annex IV, duly signed by an official veterinarian of the third country concerned;



(d)
they are certified as acceptable for transit or storage, as appropriate, on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Community.



(a)
the consignment shall be sealed with a serially numbered seal by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;



(b)
the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped ‘ONLY FOR TRANSIT TO RUSSIA VIA THE EC’ on each page by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;



(c)
the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with;



(d)
the consignment shall be certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the competent authority of the border inspection post of introduction to the Community.



(a)
contain meat eligible for import into the Community as fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004; and



(b)
be derived from one or more of the species or animals which have undergone a non-specific treatment as set out in point A Part 4 of Annex II to this Decision.



(a)
the meat products and/or treated stomachs, bladders and intestines must:(i)contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and(ii)have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;
(i)
contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and
(ii)
have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;

(i)
contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and

(ii)
have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;



(i)
contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and



(ii)
have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;



(b)
the meat products and/or treated stomachs, bladders and intestines must:(i)contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and(ii)have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;
(i)
contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and
(ii)
have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;

(i)
contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and

(ii)
have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;



(i)
contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and



(ii)
have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;



(c)
the final meat products and/or treated stomachs, bladders and intestines must:(i)be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and(ii)have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.
(i)
be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and
(ii)
have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.

(i)
be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and

(ii)
have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.



(i)
be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and



(ii)
have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.



Country
Territory
Description of territory

ISO code
Version

Argentina
AR
01/2004
Whole country

AR-1
01/2004
The whole country, except the Provinces of Chubut, Santa Cruz and Tierra del Fuego for the species covered by Decision 79/542/EEC (as last amended)

AR-2
01/2004
The Provinces of Chubut, Santa Cruz and Tierra del Fuego for the species covered by Decision 79/542/EEC (as last amended)

Brazil
BR
01/2004
Whole country

BR-1
01/2005
States of Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul

BR-2
01/2005
Part of the State of Mato Grosso do Sul (except for the municipalities of Sonora, Aquidauana, Bodoqueno, Bonito, Caracol, Coxim, Jardim, Ladario, Miranda, Pedro Gomes, Porto Murtinho, Rio Negro, Rio Verde of Mato Grosso and Corumbá);State of Paraná;State of Sao Paulo;Part of the State of Minas Gerais (except the regional delegations of Oliveira, Passos, São Gonçalo de Sapucai, Setelagoas and Bambuí);State of Espíritu Santo;State of Rio Grande do Sul;State of Santa Catarina;State of Goias;Part of the State of Mato Grosso comprising:the regional unit of Cuiaba (except for the municipalities of San Antonio de Leverger, Nossa Senhora do Livramento, Pocone and Barão de Melgaço); the regional unit of Caceres (except for the municipality of Caceres); the regional unit of Lucas do Rio Verde; the regional unit of Rondonopolis (except for the municipality of Itiquiora); the regional unit of Barra do Garça and the regional unit of Barra do Burgres.

BR-3
01/2005
States of Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

Malaysia
MY
01/2004
Whole country

MY-1
01/2004
Peninsular (Western) Malaysia only

Namibia
NA
01/2005
Whole country

NA-1
01/2005
South of the cordon fences which extend from Palgrave Point in the west to Gam in the east

South Africa
ZA
01/2005
Whole country

ZA-1
01/2005
The whole country except:the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, the district of Ingwavuma in the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and the district of Camperdown in the province of KwaZuluNatal.



ISO code
Country of origin or part thereof
1.Domestic bovine2.Farmed cloven-hoofed game(excluding swine)
1.
Domestic bovine
2.
Farmed cloven-hoofed game(excluding swine)
Domestic ovine/caprine
1.Domestic porcine2.Farmed cloven-hoofed game(swine)
1.
Domestic porcine
2.
Farmed cloven-hoofed game(swine)
Domestic soliped
1.Poultry2.Farmed feathered game(except ratites)
1.
Poultry
2.
Farmed feathered game(except ratites)
Farmed ratites
Domestic rabbit and farmed leporidae
Wild cloven-hoofed game(excluding swine)
Wild swine
Wild soliped
Wild leporidae(rabbits and hares)
Wild game birds
Wild land mammalian game(excluding ungulates, solipeds and leporidae)

1.
Domestic bovine

2.
Farmed cloven-hoofed game(excluding swine)

1.
Domestic porcine

2.
Farmed cloven-hoofed game(swine)

1.
Poultry

2.
Farmed feathered game(except ratites)

AR
Argentina AR
C
C
C
A
A
A
A
C
C
XXX
A
D
XXX

Argentina AR-1(1)
C
C
C
A
A
A
A
C
C
XXX
A
D
XXX

Argentina AR-2(1)
A(2)
A(2)
C
A
A
A
A
C
C
XXX
A
D
XXX

AU
Australia
A
A
A
A
D
D
A
A
A
XXX
A
D
A

BH
Bahrain
B
B
B
B
XXX
XXX
A
C
C
XXX
A
XXX
XXX

BR
Brazil
XXX
XXX
XXX
A
D
D
A
XXX
XXX
XXX
A
D
XXX

Brazil BR-1
XXX
XXX
XXX
A
XXX
A
A
XXX
XXX
XXX
A
A
XXX

Brazil BR-2
C
C
C
A
D
D
A
C
XXX
XXX
A
D
XXX

Brazil BR-3
XXX
XXX
XXX
A
A
XXX
A
XXX
XXX
XXX
A
D
XXX

BW
Botswana
B
B
B
B
XXX
A
A
B
B
A
A
XXX
XXX

BY
Belarus
C
C
C
B
XXX
XXX
A
C
C
XXX
A
XXX
XXX

CA
Canada
A
A
A
A
A
A
A
A
A
XXX
A
A
A

CH
Switzerland(*1)














CL
Chile
A
A
A
A
A
A
A
B
B
XXX
A
A
XXX

CN
China
B
B
B
B
B
B
A
B
B
XXX
A
B
XXX

CO
Colombia
B
B
B
B
XXX
A
A
B
B
XXX
A
XXX
XXX

ET
Ethiopia
B
B
B
B
XXX
XXX
A
B
B
XXX
A
XXX
XXX

GL
Greenland
XXX
XXX
XXX
XXX
XXX
XXX
A
XXX
XXX
XXX
A
A
A

HK
Hong Kong
B
B
B
B
D
D
A
B
B
XXX
A
XXX
XXX

HR
Croatia
A
A
D
A
A
A
A
A
D
XXX
A
A
XXX

IL
Israel
B
B
B
B
A
A
A
B
B
XXX
A
A
XXX

IN
India
B
B
B
B
XXX
XXX
A
B
B
XXX
A
XXX
XXX

IS
Iceland
A
A
B
A
A
A
A
A
B
XXX
A
A
XXX

KE
Kenya
B
B
B
B
XXX
XXX
A
B
B
XXX
A
XXX
XXX

KR
South Korea
XXX
XXX
XXX
XXX
D
D
A
XXX
XXX
XXX
A
D
XXX

MA
Morocco
B
B
B
B
XXX
XXX
A
B
B
XXX
A
XXX
XXX

ME
Montenegro
A
A
D
A
D
D
A
D
D
XXX
A
XXX
XXX

MG
Madagascar
B
B
B
B
D
D
A
B
B
XXX
A
D
XXX

MK
Former Yugoslav Rep. of Macedonia(*2)
A
A
B
A
XXX
XXX
A
B
B
XXX
A
XXX
XXX

MU
Mauritius
B
B
B
B
XXX
XXX
A
B
B
XXX
A
XXX
XXX

MX
Mexico
A
D
D
A
D
D
A
D
D
XXX
A
D
XXX

MY
Malaysia MY
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX

Malaysia MY-1
XXX
XXX
XXX
XXX
D
D
A
XXX
XXX
XXX
A
D
XXX

NA
Namibia(1)
B
B
B
B
D
A
A
B
B
A
A
D
XXX

NZ
New Zealand
A
A
A
A
A
A
A
A
A
XXX
A
A
A

PY
Paraguay
C
C
C
B
XXX
XXX
A
C
C
XXX
A
XXX
XXX

RS
Serbia(*3)
A
A
D
A
D
D
A
D
D
XXX
A
XXX
XXX

RU
Russia
C
C
C
B
XXX
XXX
A
C
C
XXX
A
XXX
A

SG
Singapore
B
B
B
B
D
D
A
B
B
XXX
A
XXX
XXX

SZ
Swaziland
B
B
B
B
XXX
XXX
A
B
B
A
A
XXX
XXX

TH
Thailand
B
B
B
B
A
A
A
B
B
XXX
A
D
XXX

TN
Tunisia
C
C
B
B
A
A
A
B
B
XXX
A
D
XXX

TR
Turkey
XXX
XXX
XXX
XXX
D
D
A
XXX
XXX
XXX
A
D
XXX

UA
Ukraine
XXX
XXX
XXX
XXX
XXX
XXX
A
XXX
XXX
XXX
A
XXX
XXX

US
United States
A
A
A
A
A
A
A
A
A
XXX
A
A
XXX

UY
Uruguay
C
C
B
A
D
A
A
XXX
XXX
XXX
A
D
XXX

ZA
South Africa(1)
C
C
C
A
D
A
A
C
C
A
A
D
XXX

ZW
Zimbabwe(1)
C
C
B
A
D
A
A
B
B
XXX
A
D
XXX

XXXNo certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised.
XXX
No certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised.

XXX
No certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised.



1.
Domestic bovine



2.
Farmed cloven-hoofed game(excluding swine)



1.
Domestic porcine



2.
Farmed cloven-hoofed game(swine)



1.
Poultry



2.
Farmed feathered game(except ratites)



XXX
No certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised.



ISO code
Country of origin or part thereof
1.Domestic bovine2.Farmed cloven-hoofed game(excluding swine)
1.
Domestic bovine
2.
Farmed cloven-hoofed game(excluding swine)
Domestic ovine/caprine
1.Domestic porcine2.Farmed cloven-hoofed game(swine)
1.
Domestic porcine
2.
Farmed cloven-hoofed game(swine)
Domestic soliped
1.Poultry2.Farmed feathered game
1.
Poultry
2.
Farmed feathered game
Ratites
Domestic rabbit and farmed leporidae
Wild cloven-hoofed game(excluding swine)
Wild swine
Wild soliped
Wild leporidae(rabbits and hares)
Wild game birds
Wild land mammalian game(excluding ungulates, solipeds and leporidae)

1.
Domestic bovine

2.
Farmed cloven-hoofed game(excluding swine)

1.
Domestic porcine

2.
Farmed cloven-hoofed game(swine)

1.
Poultry

2.
Farmed feathered game

AR
Argentina — AR
F
F
XXX
XXX
XXX
XXX
A
XXX
XXX
XXX
A
XXX
XXX

NA
Namibia
XXX
XXX
XXX
XXX
E
E
A
XXX
XXX
A
A
E
XXX

Namibia NA-1
E
E
XXX
XXX
E
E
A
XXX
XXX
A
A
E

ZA
South Africa
XXX
XXX
XXX
XXX
E
E
A
XXX
XXX
A
A
E
XXX

South Africa ZA-1
E
E
XXX
XXX
E
E
A
XXX
XXX
A
A
E


ZW
Zimbabwe
XXX
XXX
XXX
XXX
E
E
A
XXX
XXX
E
A
E
XXX



1.
Domestic bovine



2.
Farmed cloven-hoofed game(excluding swine)



1.
Domestic porcine



2.
Farmed cloven-hoofed game(swine)



1.
Poultry



2.
Farmed feathered game



A
=
No minimum specified temperature or other treatment is established for animal health purposes for meat products and treated stomachs, bladders and intestines. However, the meat of such meat products and treated stomachs, bladders and intestines must have undergone a treatment such that its cut surface shows that it no longer has the characteristics of fresh meat and the fresh meat used must also satisfy the animal health rules applicable to exports of fresh meat into the Community.



B
=
Treatment in a hermetically sealed container to an Fovalue of three or more.

C
=
A minimum temperature of 80 °C which must be reached throughout the meat and/or stomachs, bladders and intestines during the processing of the meat product and treated stomachs, bladders and intestines.

D
=
A minimum temperature of 70 °C which must be reached throughout the meat and/or stomachs, bladders and intestines during the processing of meat products and treated stomachs, bladders and intestines, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:—Awvalue of not more than 0,93,—pH value of not more than 6,0.
—
Awvalue of not more than 0,93,
—
pH value of not more than 6,0.

—
Awvalue of not more than 0,93,

—
pH value of not more than 6,0.

E
=
In the case of ‘biltong’-type products, a treatment to achieve:—Awvalue of not more than 0,93,—pH value of not more than 6,0.
—
Awvalue of not more than 0,93,
—
pH value of not more than 6,0.

—
Awvalue of not more than 0,93,

—
pH value of not more than 6,0.

F
=
A heat treatment ensuring that a centre temperature of at least 65 °C is reached for a period of time as necessary to achieve a pasteurisation value (pv) equal to or above 40.



—
Awvalue of not more than 0,93,



—
pH value of not more than 6,0.



—
Awvalue of not more than 0,93,



—
pH value of not more than 6,0.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(1), and in particular Article 10(2)(c) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(2), and in particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8, Article 8(4), Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

(1) Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC(3)lays down the animal and public health rules and certification requirements for the importation into the Community of consignments of certain meat products, including the lists of third countries and parts thereof from which imports of such products are authorised.

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

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

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

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

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

(7) Council Directive 97/78/EC(10)of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements.

(8) It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year.

(9) Commission Decision 2001/881/EC(11)of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community.

(10) Annex II to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(12), establishes the list of third countries or parts thereof from which imports of fresh meat of certain animals are authorised. Iceland is listed in Annex II to that Decision as a country authorised to export fresh meat of certain animals. Therefore, import of meat products and treated stomachs, bladders and intestines of those animals from Iceland should be allowed without the application of any specific treatment.

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

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

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

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

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

HAS ADOPTED THIS DECISION:
Subject matter and scope

Article 1

1.   This Decision lays down animal and public health rules for imports into the Community and the transit and storage in the Community, of consignments of:

(a)

meat products, as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004; and

(b)

treated stomachs, bladders and intestines, as defined in point 7.9 of that Annex, which have undergone one of the treatments laid down in Annex II part 4 to this Decision.

Those rules shall include the lists of third countries and parts thereof from which such imports shall be authorised and the model public and animal health certificates and rules on the origin and treatments required for those imports.

2.   This Decision shall apply without prejudice to Decision 2004/432/EC and Decision 2003/779/EC.
Conditions concerning species and animals

Article 2

Member States shall ensure that only consignments of meat products and treated stomachs, bladders and intestines, derived from meat or meat products from the following species or animals, are imported into the Community:

(a)

poultry including fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and partridges reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game;

(b)

domestic animals of the following species: bovine animals, includingBubalus bubalisandBison bison, swine, sheep, goats and solipeds;

(c)

rabbits and hares, and farmed game, as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004;

(d)

wild game, as defined in point 1.5 of Annex I to Regulation (EC) No 853/2004.
Animal health requirements concerning the origin and treatment of the meat products and treated stomachs, bladders and intestines

Article 3

Member States shall authorise imports into the Community of meat products and treated stomachs, bladders and intestines that:

(a)

comply with the conditions concerning origin and treatment set out in Annex I(1) and (2); and

(b)

originate in the following third countries and parts thereof:

(i)

in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;

(ii)

in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.
Public health requirements concerning the fresh meat used in the production of the meat products and treated stomachs, bladders and intestines to be imported into the Community and animal and public health certificates

Article 4

Member States shall ensure that:

(a)

only consignments of meat products and treated stomachs, bladders and intestines that are obtained from fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004 that complies with the Community public health requirements, are imported into the Community;

(b)

only consignments of meat products and treated stomachs, bladders and intestines complying with the requirements of the model public and animal health certificate set out in Annex III are imported into the Community;

(c)

that certificate accompanies such consignments and is duly completed and signed by the official veterinarian of the third country of dispatch.
Consignments of meat products and treated stomachs, bladders and intestines in transit or storage in the Community

Article 5

Member States shall ensure that consignments of meat products and treated stomachs, bladders and intestines, introduced into the Community and which are destined for a third country either by transit immediately or following storage, in accordance with Article 12(4) or Article 13 of Directive 97/78/EC, and not intended for importation into the Community, shall comply with the following requirements:

(a)

they come from the territory of a third country or a part thereof listed in Annex II and have undergone the minimum treatment for the import of meat products and treated stomachs, bladders and intestines of the species provided for therein;

(b)

they comply with the specific animal health conditions for the species concerned set out in the model animal and public health certificate in Annex III;

(c)

they are accompanied by an animal health certificate drawn up in accordance with the model set out in Annex IV, duly signed by an official veterinarian of the third country concerned;

(d)

they are certified as acceptable for transit or storage, as appropriate, on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Community.
Derogation for certain destinations in Russia

Article 6

1.   By way of derogation from Article 5, Member States shall authorise the transit by road or by rail through the Community, between designated Community border inspection posts listed in the Annex to Decision 2001/881/EC, of consignments of meat products and treated stomachs, bladders and intestines coming from and destined to Russia directly or via another third country provided that they comply with the following requirements:

(a)

the consignment shall be sealed with a serially numbered seal by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;

(b)

the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped ‘ONLY FOR TRANSIT TO RUSSIA VIA THE EC’ on each page by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;

(c)

the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with;

(d)

the consignment shall be certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the competent authority of the border inspection post of introduction to the Community.

2.   Member States shall not authorise the unloading or storage, as defined in Article 12(4) or Article 13 of Directive 97/78/EC, in the Community of such consignments.

3.   Member States shall ensure that the competent authority makes regular audits to ensure that the number of consignments and the quantities of meat products and treated stomachs, bladders and intestines, coming from or destined to Russia, leaving the Community matches the number and quantities entering the Community.
Transitional provision

Article 7

Consignments for which veterinary certificates were issued before 1 May 2008 in accordance with the models established by Decision 2005/432/EC shall be accepted for import into the Community until 1 June 2008.
Repeal

Article 8

Decision 2005/432/EC is repealed.
Date of application

Article 9

This Decision shall apply from 1 December 2007.
Addresses

Article 10

This Decision is addressed to the Member States.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(1), and in particular Article 10(2)(c) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(2), and in particular the introductory phrase of Article 8, the first paragraph of point 1 of Article 8, Article 8(4), Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

(1) Commission Decision 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC(3)lays down the animal and public health rules and certification requirements for the importation into the Community of consignments of certain meat products, including the lists of third countries and parts thereof from which imports of such products are authorised.

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

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

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

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

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

(7) Council Directive 97/78/EC(10)of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements.

(8) It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year.

(9) Commission Decision 2001/881/EC(11)of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community.

(10) Annex II to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(12), establishes the list of third countries or parts thereof from which imports of fresh meat of certain animals are authorised. Iceland is listed in Annex II to that Decision as a country authorised to export fresh meat of certain animals. Therefore, import of meat products and treated stomachs, bladders and intestines of those animals from Iceland should be allowed without the application of any specific treatment.

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

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

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

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

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

HAS ADOPTED THIS DECISION:
Subject matter and scope1.   This Decision lays down animal and public health rules for imports into the Community and the transit and storage in the Community, of consignments of:

(a)

meat products, as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004; and

(b)

treated stomachs, bladders and intestines, as defined in point 7.9 of that Annex, which have undergone one of the treatments laid down in Annex II part 4 to this Decision.

Those rules shall include the lists of third countries and parts thereof from which such imports shall be authorised and the model public and animal health certificates and rules on the origin and treatments required for those imports.

2.   This Decision shall apply without prejudice to Decision 2004/432/EC and Decision 2003/779/EC.
Conditions concerning species and animalsMember States shall ensure that only consignments of meat products and treated stomachs, bladders and intestines, derived from meat or meat products from the following species or animals, are imported into the Community:

(a)

poultry including fowl, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and partridges reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game;

(b)

domestic animals of the following species: bovine animals, includingBubalus bubalisandBison bison, swine, sheep, goats and solipeds;

(c)

rabbits and hares, and farmed game, as defined in point 1.6 of Annex I to Regulation (EC) No 853/2004;

(d)

wild game, as defined in point 1.5 of Annex I to Regulation (EC) No 853/2004.
Animal health requirements concerning the origin and treatment of the meat products and treated stomachs, bladders and intestinesMember States shall authorise imports into the Community of meat products and treated stomachs, bladders and intestines that:

(a)

comply with the conditions concerning origin and treatment set out in Annex I(1) and (2); and

(b)

originate in the following third countries and parts thereof:

(i)

in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;

(ii)

in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.
Public health requirements concerning the fresh meat used in the production of the meat products and treated stomachs, bladders and intestines to be imported into the Community and animal and public health certificatesMember States shall ensure that:

(a)

only consignments of meat products and treated stomachs, bladders and intestines that are obtained from fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004 that complies with the Community public health requirements, are imported into the Community;

(b)

only consignments of meat products and treated stomachs, bladders and intestines complying with the requirements of the model public and animal health certificate set out in Annex III are imported into the Community;

(c)

that certificate accompanies such consignments and is duly completed and signed by the official veterinarian of the third country of dispatch.
Consignments of meat products and treated stomachs, bladders and intestines in transit or storage in the CommunityMember States shall ensure that consignments of meat products and treated stomachs, bladders and intestines, introduced into the Community and which are destined for a third country either by transit immediately or following storage, in accordance with Article 12(4) or Article 13 of Directive 97/78/EC, and not intended for importation into the Community, shall comply with the following requirements:

(a)

they come from the territory of a third country or a part thereof listed in Annex II and have undergone the minimum treatment for the import of meat products and treated stomachs, bladders and intestines of the species provided for therein;

(b)

they comply with the specific animal health conditions for the species concerned set out in the model animal and public health certificate in Annex III;

(c)

they are accompanied by an animal health certificate drawn up in accordance with the model set out in Annex IV, duly signed by an official veterinarian of the third country concerned;

(d)

they are certified as acceptable for transit or storage, as appropriate, on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Community.
Derogation for certain destinations in Russia1.   By way of derogation from Article 5, Member States shall authorise the transit by road or by rail through the Community, between designated Community border inspection posts listed in the Annex to Decision 2001/881/EC, of consignments of meat products and treated stomachs, bladders and intestines coming from and destined to Russia directly or via another third country provided that they comply with the following requirements:

(a)

the consignment shall be sealed with a serially numbered seal by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;

(b)

the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped ‘ONLY FOR TRANSIT TO RUSSIA VIA THE EC’ on each page by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;

(c)

the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with;

(d)

the consignment shall be certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the competent authority of the border inspection post of introduction to the Community.

2.   Member States shall not authorise the unloading or storage, as defined in Article 12(4) or Article 13 of Directive 97/78/EC, in the Community of such consignments.

3.   Member States shall ensure that the competent authority makes regular audits to ensure that the number of consignments and the quantities of meat products and treated stomachs, bladders and intestines, coming from or destined to Russia, leaving the Community matches the number and quantities entering the Community.
Transitional provisionConsignments for which veterinary certificates were issued before 1 May 2008 in accordance with the models established by Decision 2005/432/EC shall be accepted for import into the Community until 1 June 2008.
RepealDecision 2005/432/EC is repealed.
Date of applicationThis Decision shall apply from 1 December 2007.
AddressesThis Decision is addressed to the Member States.
ANNEX I 1.   

Meat products and treated stomachs, bladders and intestines originating in the third countries or parts thereof referred to in Article 3(b)(i) of this Decision shall:

(a) contain meat eligible for import into the Community as fresh meat, as defined in point 1.10 of Annex I to Regulation (EC) No 853/2004; and

(b) be derived from one or more of the species or animals which have undergone a non-specific treatment as set out in point A Part 4 of Annex II to this Decision.

 2.   

Meat products and treated stomachs, bladders and intestines originating in the third countries or parts thereof, as referred to in Article 3(b)(ii), shall comply with the conditions set out in (a), (b) or (c) of this point:

(a) the meat products and/or treated stomachs, bladders and intestines must:

(i) contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and

(ii) have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;

(b) the meat products and/or treated stomachs, bladders and intestines must:

(i) contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and

(ii) have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;

(c) the final meat products and/or treated stomachs, bladders and intestines must:

(i) be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and

(ii) have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.

 3.   

The treatments set out in Part 4 of Annex II shall constitute the minimum acceptable processing conditions for animal health purposes for meat products and stomachs, bladders and intestines derived from the relevant species or animal originating in the third countries or parts thereof listed in Annex II.

However, in cases where import of offal is not authorised under Decision 79/542/EEC owing to Community animal health restrictions, it may be imported as a meat product or treated stomach, intestine or bladder or used in a meat product provided the relevant treatment referred to in Part 2 of Annex II is carried out and the Community public health requirements are fulfilled.

In addition, an establishment from a country listed in Annex II may be authorised to produce meat products and treated stomachs, bladders and intestines that have undergone treatments B, C or D, as referred to in Part 4 of Annex II, even where that establishment is located in a third country or part thereof that is not authorised for imports into the Community of fresh meat under the condition that the Community public health requirements are fulfilled.
PART 1ANNEX IIRegionalised territories for the countries listed in parts 2 and 3

Country | Territory | Description of territory

ISO code | Version

Argentina | AR | 01/2004 | Whole country

AR-1 | 01/2004 | The whole country, except the Provinces of Chubut, Santa Cruz and Tierra del Fuego for the species covered by Decision 79/542/EEC (as last amended)

AR-2 | 01/2004 | The Provinces of Chubut, Santa Cruz and Tierra del Fuego for the species covered by Decision 79/542/EEC (as last amended)

Brazil | BR | 01/2004 | Whole country

BR-1 | 01/2005 | States of Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul

BR-2 | 01/2005 | Part of the State of Mato Grosso do Sul (except for the municipalities of Sonora, Aquidauana, Bodoqueno, Bonito, Caracol, Coxim, Jardim, Ladario, Miranda, Pedro Gomes, Porto Murtinho, Rio Negro, Rio Verde of Mato Grosso and Corumbá);State of Paraná;State of Sao Paulo;Part of the State of Minas Gerais (except the regional delegations of Oliveira, Passos, São Gonçalo de Sapucai, Setelagoas and Bambuí);State of Espíritu Santo;State of Rio Grande do Sul;State of Santa Catarina;State of Goias;Part of the State of Mato Grosso comprising:the regional unit of Cuiaba (except for the municipalities of San Antonio de Leverger, Nossa Senhora do Livramento, Pocone and Barão de Melgaço); the regional unit of Caceres (except for the municipality of Caceres); the regional unit of Lucas do Rio Verde; the regional unit of Rondonopolis (except for the municipality of Itiquiora); the regional unit of Barra do Garça and the regional unit of Barra do Burgres.

BR-3 | 01/2005 | States of Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

Malaysia | MY | 01/2004 | Whole country

MY-1 | 01/2004 | Peninsular (Western) Malaysia only

Namibia | NA | 01/2005 | Whole country

NA-1 | 01/2005 | South of the cordon fences which extend from Palgrave Point in the west to Gam in the east

South Africa | ZA | 01/2005 | Whole country

ZA-1 | 01/2005 | The whole country except:the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, the district of Ingwavuma in the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and the district of Camperdown in the province of KwaZuluNatal.PART 2Third countries or parts thereof from which imports of meat products and treated stomachs, bladders and intestines into the EU are authorised (See Part 4 of this Annex for the interpretation of codes used in the table)
ISO code | Country of origin or part thereof | 1.Domestic bovine2.Farmed cloven-hoofed game(excluding swine) | 1. | Domestic bovine | 2. | Farmed cloven-hoofed game(excluding swine) | Domestic ovine/caprine | 1.Domestic porcine2.Farmed cloven-hoofed game(swine) | 1. | Domestic porcine | 2. | Farmed cloven-hoofed game(swine) | Domestic soliped | 1.Poultry2.Farmed feathered game(except ratites) | 1. | Poultry | 2. | Farmed feathered game(except ratites) | Farmed ratites | Domestic rabbit and farmed leporidae | Wild cloven-hoofed game(excluding swine) | Wild swine | Wild soliped | Wild leporidae(rabbits and hares) | Wild game birds | Wild land mammalian game(excluding ungulates, solipeds and leporidae)

1. | Domestic bovine

2. | Farmed cloven-hoofed game(excluding swine)

1. | Domestic porcine

2. | Farmed cloven-hoofed game(swine)

1. | Poultry

2. | Farmed feathered game(except ratites)

AR | Argentina AR | C | C | C | A | A | A | A | C | C | XXX | A | D | XXX

Argentina AR-1(1) | C | C | C | A | A | A | A | C | C | XXX | A | D | XXX

Argentina AR-2(1) | A(2) | A(2) | C | A | A | A | A | C | C | XXX | A | D | XXX

AU | Australia | A | A | A | A | D | D | A | A | A | XXX | A | D | A

BH | Bahrain | B | B | B | B | XXX | XXX | A | C | C | XXX | A | XXX | XXX

BR | Brazil | XXX | XXX | XXX | A | D | D | A | XXX | XXX | XXX | A | D | XXX

Brazil BR-1 | XXX | XXX | XXX | A | XXX | A | A | XXX | XXX | XXX | A | A | XXX

Brazil BR-2 | C | C | C | A | D | D | A | C | XXX | XXX | A | D | XXX

Brazil BR-3 | XXX | XXX | XXX | A | A | XXX | A | XXX | XXX | XXX | A | D | XXX

BW | Botswana | B | B | B | B | XXX | A | A | B | B | A | A | XXX | XXX

BY | Belarus | C | C | C | B | XXX | XXX | A | C | C | XXX | A | XXX | XXX

CA | Canada | A | A | A | A | A | A | A | A | A | XXX | A | A | A

CH | Switzerland(*1) |  |  |  |  |  |  |  |  |  |  |  |  | 

CL | Chile | A | A | A | A | A | A | A | B | B | XXX | A | A | XXX

CN | China | B | B | B | B | B | B | A | B | B | XXX | A | B | XXX

CO | Colombia | B | B | B | B | XXX | A | A | B | B | XXX | A | XXX | XXX

ET | Ethiopia | B | B | B | B | XXX | XXX | A | B | B | XXX | A | XXX | XXX

GL | Greenland | XXX | XXX | XXX | XXX | XXX | XXX | A | XXX | XXX | XXX | A | A | A

HK | Hong Kong | B | B | B | B | D | D | A | B | B | XXX | A | XXX | XXX

HR | Croatia | A | A | D | A | A | A | A | A | D | XXX | A | A | XXX

IL | Israel | B | B | B | B | A | A | A | B | B | XXX | A | A | XXX

IN | India | B | B | B | B | XXX | XXX | A | B | B | XXX | A | XXX | XXX

IS | Iceland | A | A | B | A | A | A | A | A | B | XXX | A | A | XXX

KE | Kenya | B | B | B | B | XXX | XXX | A | B | B | XXX | A | XXX | XXX

KR | South Korea | XXX | XXX | XXX | XXX | D | D | A | XXX | XXX | XXX | A | D | XXX

MA | Morocco | B | B | B | B | XXX | XXX | A | B | B | XXX | A | XXX | XXX

ME | Montenegro | A | A | D | A | D | D | A | D | D | XXX | A | XXX | XXX

MG | Madagascar | B | B | B | B | D | D | A | B | B | XXX | A | D | XXX

MK | Former Yugoslav Rep. of Macedonia(*2) | A | A | B | A | XXX | XXX | A | B | B | XXX | A | XXX | XXX

MU | Mauritius | B | B | B | B | XXX | XXX | A | B | B | XXX | A | XXX | XXX

MX | Mexico | A | D | D | A | D | D | A | D | D | XXX | A | D | XXX

MY | Malaysia MY | XXX | XXX | XXX | XXX | XXX | XXX | XXX | XXX | XXX | XXX | XXX | XXX | XXX

Malaysia MY-1 | XXX | XXX | XXX | XXX | D | D | A | XXX | XXX | XXX | A | D | XXX

NA | Namibia(1) | B | B | B | B | D | A | A | B | B | A | A | D | XXX

NZ | New Zealand | A | A | A | A | A | A | A | A | A | XXX | A | A | A

PY | Paraguay | C | C | C | B | XXX | XXX | A | C | C | XXX | A | XXX | XXX

RS | Serbia(*3) | A | A | D | A | D | D | A | D | D | XXX | A | XXX | XXX

RU | Russia | C | C | C | B | XXX | XXX | A | C | C | XXX | A | XXX | A

SG | Singapore | B | B | B | B | D | D | A | B | B | XXX | A | XXX | XXX

SZ | Swaziland | B | B | B | B | XXX | XXX | A | B | B | A | A | XXX | XXX

TH | Thailand | B | B | B | B | A | A | A | B | B | XXX | A | D | XXX

TN | Tunisia | C | C | B | B | A | A | A | B | B | XXX | A | D | XXX

TR | Turkey | XXX | XXX | XXX | XXX | D | D | A | XXX | XXX | XXX | A | D | XXX

UA | Ukraine | XXX | XXX | XXX | XXX | XXX | XXX | A | XXX | XXX | XXX | A | XXX | XXX

US | United States | A | A | A | A | A | A | A | A | A | XXX | A | A | XXX

UY | Uruguay | C | C | B | A | D | A | A | XXX | XXX | XXX | A | D | XXX

ZA | South Africa(1) | C | C | C | A | D | A | A | C | C | A | A | D | XXX

ZW | Zimbabwe(1) | C | C | B | A | D | A | A | B | B | XXX | A | D | XXX

XXXNo certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised. | XXX | No certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised.

XXX | No certificate laid down and meat products and treated stomachs, bladders and intestines containing meat of this species are not authorised.PART 3Third countries or parts thereof not authorised under the non-specific treatment regime (A) but from where imports into the EU of biltong/jerky and pasteurised meat products are authorised

ISO code | Country of origin or part thereof | 1.Domestic bovine2.Farmed cloven-hoofed game(excluding swine) | 1. | Domestic bovine | 2. | Farmed cloven-hoofed game(excluding swine) | Domestic ovine/caprine | 1.Domestic porcine2.Farmed cloven-hoofed game(swine) | 1. | Domestic porcine | 2. | Farmed cloven-hoofed game(swine) | Domestic soliped | 1.Poultry2.Farmed feathered game | 1. | Poultry | 2. | Farmed feathered game | Ratites | Domestic rabbit and farmed leporidae | Wild cloven-hoofed game(excluding swine) | Wild swine | Wild soliped | Wild leporidae(rabbits and hares) | Wild game birds | Wild land mammalian game(excluding ungulates, solipeds and leporidae)

1. | Domestic bovine

2. | Farmed cloven-hoofed game(excluding swine)

1. | Domestic porcine

2. | Farmed cloven-hoofed game(swine)

1. | Poultry

2. | Farmed feathered game

AR | Argentina — AR | F | F | XXX | XXX | XXX | XXX | A | XXX | XXX | XXX | A | XXX | XXX

NA | Namibia | XXX | XXX | XXX | XXX | E | E | A | XXX | XXX | A | A | E | XXX

Namibia NA-1 | E | E | XXX | XXX | E | E | A | XXX | XXX | A | A | E

ZA | South Africa | XXX | XXX | XXX | XXX | E | E | A | XXX | XXX | A | A | E | XXX

South Africa ZA-1 | E | E | XXX | XXX | E | E | A | XXX | XXX | A | A | E | 

ZW | Zimbabwe | XXX | XXX | XXX | XXX | E | E | A | XXX | XXX | E | A | E | XXXPART 4Interpretation of codes used in tables in parts 2 and 3TREATMENTS REFERRED TO IN ANNEX INon-specific treatment:
A | = | No minimum specified temperature or other treatment is established for animal health purposes for meat products and treated stomachs, bladders and intestines. However, the meat of such meat products and treated stomachs, bladders and intestines must have undergone a treatment such that its cut surface shows that it no longer has the characteristics of fresh meat and the fresh meat used must also satisfy the animal health rules applicable to exports of fresh meat into the Community.Specific treatments listed in descending order of severity:
B | = | Treatment in a hermetically sealed container to an Fovalue of three or more.

C | = | A minimum temperature of 80 °C which must be reached throughout the meat and/or stomachs, bladders and intestines during the processing of the meat product and treated stomachs, bladders and intestines.

D | = | A minimum temperature of 70 °C which must be reached throughout the meat and/or stomachs, bladders and intestines during the processing of meat products and treated stomachs, bladders and intestines, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:—Awvalue of not more than 0,93,—pH value of not more than 6,0. | — | Awvalue of not more than 0,93, | — | pH value of not more than 6,0.

— | Awvalue of not more than 0,93,

— | pH value of not more than 6,0.

E | = | In the case of ‘biltong’-type products, a treatment to achieve:—Awvalue of not more than 0,93,—pH value of not more than 6,0. | — | Awvalue of not more than 0,93, | — | pH value of not more than 6,0.

— | Awvalue of not more than 0,93,

— | pH value of not more than 6,0.

F | = | A heat treatment ensuring that a centre temperature of at least 65 °C is reached for a period of time as necessary to achieve a pasteurisation value (pv) equal to or above 40.

(1)  See Part 3 of this Annex for the minimum treatment requirements applicable to pasteurised meat products and biltong.

(2)  For meat products and treated stomachs, bladders and intestines prepared from fresh meat obtained from animals slaughtered after 1 March 2002.

(*1)  In accordance with the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.

(*2)  The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United Nations.

(*3)  Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.
Model animal and public health certificate for certain meat products and treated stomachs, bladders and intestines intended for consignment to the European Union from third countriesANNEX III
Part I : Details of dispatched consignment

COUNTRY

Veterinary certificate to EU

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference number

I.2.a.

I.3. Central Competent Authority

I.4. Local Competent Authority

I.5. Consignee

Name

Address

Tel.

I.6. I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. I.11. Place of origin

Name

Approval number

Address

I.12. I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

Documentary references:

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of product

Ambient

Chilled

Frozen

I.22. Number of packages

I.23. Identification of container/Seal number

I.24. Type of packaging

I.25. Commodities certified for

Human consumption

I.26. I.27. For import or admission into EU

I.28. Identification of the commodities

Approval number of establishments

Species (Scientific name)

Nature of commodity

Abattoir

Manufacturing plant

Cold store

Number of packages

Net weight

Part II: Certification

COUNTRY

Meat products/treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

II.1. Animal Health Attestation

I, the undersigned official veterinarian certify that:

II.1.1. The meat product, treated stomachs, bladders and intestines (1) contains the following meat constituents and meet the criteria indicated below:

Species (A)

Treatment (B)

Origin (C) (A) Insert the code for the relevant species of meat product, treated stomachs, bladders and intestines where BOV = domestic bovine animals (Bos taurus, Bison bison, Bubalus bubalis and their crossbreds); OVI = domestic sheep (Ovis aries) and goats (Capra hircus); EQI = domestic equine animals (Equus caballus, Equus asinus and their crossbreds), POR = domestic porcine animals (Sus scrofa); RAB = domestic rabbits, PFG = domestic poultry and farmed feathered game, RUF farmed non-domestic animals other than suidae and solipeds; RUW = wild non-domestic animals other than suidae and solipeds; SUW = wild non-domestic suidae: EQW = wild non-domestic solipeds, WLP = wild lagomorphs, WGB = wild game birds.

(B) Insert A, B, C, D, E or F for the required treatment as specified and defined in Parts 2, 3 and 4 of Annex II to Decision 2007/777/EC.

(C) Insert the ISO code of the country of origin and, in the case of regionalization by Community legislation for the relevant meat constituents, the region as indicated in Part 1 of Annex II to Decision 2007/777/EC (as last amended).

(2) II.1.2. The meat product, treated stomachs, bladders and intestines described in point II.1.1 has been prepared from fresh meat from domestic bovine animals (Bos taurus, Bison bison, Bubalus bubalis and their crossbreds); domestic sheep (Ovis aries) and goats (Capra hircus); domestic equine animals (Equus caballus, Equus asinus and their crossbreds), domestic porcine animals (Sus scrofa); farmed non-domestic animals other than suidae and solipeds; wild non-domestic animals other than suidae and solipeds; wild non-domestic suidae; wild non-domestic solipeds and the fresh meat used in the production of the meat products:

either [II.1.2.1. has undergone a non-specific treatment as specified and defined under point A in Part 4 of Annex II to Decision 2007/777/EC] and: (2) either [II.1.2.1.1. satisfies the relevant animal and public health requirements laid down in the appropriate health certificate(s) in Annex II, Part 2, to Council Decision 79/542/EEC and originates in a third country, or part thereof in the case of regionalisation under Community legislation, as described in the relevant column of part 2 of Annex II to Decision 2007/777/EC]. (2) or [II.1.2.1.1. originates in a Member State of the European Community] (2) or [II.1.2.1. meets any requirements agreed under Directive 2002/99/EC, is derived from animals coming from a holding not subject to restrictions for the specific diseases mentioned in the appropriate health certificate(s) in Annex II, Part 2, to Council Decision 79/542/EEC and within a 10 km radius of which no outbreaks of such diseases have occurred in the last 30 days and has undergone the specific treatment laid down for the third country of origin or part thereof for the meat of the species concerned in Parts 2 or 3 (as appropriate) of Annex II to Commission Decision 2007/777/EC] (2) (2) II.1.3. The meat product, treated stomachs, bladders and intestines described under point II.1.1 has been prepared from fresh meat of domestic poultry, including farmed or wild game birds, that:

either [II.1.3.1. has undergone a non-specific treatment as specified and defined under point A in Part 4 of Annex II to Decision 2007/777/EC] and: (2) either [II.1.3.1.1. satisfies the animal health requirements laid down in Commission Decision 2006/696/EC,] (2) or [II.1.3.1.1. originates in a Member State of the European Community satisfying the requirements of Article 3 of Council Directive 2002/99/EC] (2) or [II.1.3.1. originates in a third country referred to in Annex II part 1 to Decision 2006/696/EC, comes from a holding not subject to restrictions for Avian Influenza or Newcastle disease within a 10 km radius of which no outbreaks of such diseases have occurred in the last 30 days and has undergone the specific treatment laid down for the third country of origin or part thereof for the meat of the species concerned in Parts 2 or 3 (as appropriate) of Annex II to Decision 2007/777/EC.] (2) 
COUNTRY

Meat products/treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

or [II.1.3.1. originates in a third country referred to in Annex II part 1 to Decision 2006/696/EC, comes from a holding not subject to restrictions for Avian Influenza or Newcastle disease within a 10 km radius of which no outbreaks of such diseases have occurred in the last 30 days, and has undergone the specific treatment referred to in points B, C or D in Part 4 of Annex II to Decision 2007/777/EC, provided that such treatment is more severe than that indicated in Parts 2 and 3 of Annex II to that Decision.]

(2) [II.1.4. in the case of meat products, treated stomachs, bladders and intestines derived from fresh meat from lagomorphs and other land mammals:

satisfies the relevant animal health and public health requirements laid down in Commission Decision 2000/585/EC and has not come from a holding subject to restrictions for animal diseases affecting the animals concerned within a 10 km radius of which no outbreaks of such diseases have occurred in the last 30 days;]

II.1.5. the meat product, treated stomachs, bladders and intestines:

II.1.5.1. [consists of meat and/or meat products derived from a single species, and has undergone the treatment satisfying the relevant conditions laid down in Annex II to Decision 2007/777/EC]

or (2) II.1.5.1. [consists of meat of more than one species and, after such meat has been mixed, the entire product has subsequently undergone a treatment at least as severe as that required for the meat components of the meat product as laid down in Annex II to Decision 2007/777/EC;]

or (2) II.1.5.1. [has been prepared from meat of more than one species and each meat component has previously undergone a treatment prior to mixing which meets the relevant treatment requirements for meat of that species as laid down in Annex II to 2007/777/EC]; (2) II.1.6. after treatment all precautions to avoid contamination have been taken

(2) [II.1.7. Additional guarantees:

in the case of poultry meat products which have not undergone a specific treatment and are destined for Member States or regions thereof which have been recognised in accordance with Article 12 of Council Directive 90/539/EEC, the poultry meat was derived from poultry which had not been vaccinated with a live vaccine against Newcastle disease within 30 days prior to slaughter;]

(2) II.2. Public Health Attestation

I, the undersigned, declare that I am aware of the relevant provisions of Regulations (EC) No 178/2002, (EC) No 852/2004 , (EC) No 853/2004 and (EC) No 999/2001 and certify that the meat products, treated stomachs, bladders and intestines described above were produced in accordance with those requirements, in particular that:

II.2.1. they come from (an) establishment(s) implementing a programme based on the HACCP principles in accordance with Regulation (EC) No 852/2004;

II.2.2. they have been produced from raw material which met the requirements of Sections I to VI of Annex III to Regulation (EC) No 853/2004;

II.2.3.1. (2) the meat products have been obtained from domestic pig meat which either has been subject to an examination for trichinosis with negative results or has been subjected to a cold treatment in accordance with Commission Regulation (EC) No 2075/2005;

II.2.3.2. (2) the meat products have been obtained from horse meat or wild boar meat which has been subject to an examination for trichinosis with negative results in accordance with Commission Regulation (EC) No 2075/2005;

II.2.3.3. (2) the treated stomachs, bladders and intestines have been produced in accordance with Section XIII of Annex III, to Regualtion (EC) No 853/2004;

II.2.4. they have been marked with an identification mark in accordance with Section I of Annex II to Regualtion (EC) No 853/2004;

II.2.5. the label affixed on the packaging of meat products described above, bear(s) a mark to the effect that the meat products come wholly from fresh meat from animals slaughtered in slaughterhouses approved for exporting to the European Community or, from animals slaughtered in a slaughterhouse specially for the delivery of meat for the required treatment as laid down in Part 2 and 3 of Annex II of Decision 2007/777/EC;

II.2.6. they satisfy the relevant criteria set out in Commission Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs;

COUNTRY

Meat products/treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

II.2.7. the guarantees covering live animals and products thereof provided by the residue plans submitted in accordance with Directive 96/23/EC, and in particular Article 29 thereof, are fulfilled;

II.2.8. the means of transport and the loading conditions of meat products of this consignment meet the hygiene requirements laid down in respect of export to the European Community;

II.2.9. if containing material from bovine, ovine or caprine animals, the fresh meat and/or intestines used in the preparation of the meat products and/or treated intestines shall be subject to the following conditions depending on the BSE risk category of the country of origin:

(2) II.2.9.1. for imports from a country or a region with a negligible BSE risk as listed in Annex to Commission Decision 2007/453/EC as amended:

(1) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a negligible BSE risk;

(2) the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country with negligible BSE risk and passed ante-mortem and post-mortem inspections;

(2) (3) if in the country or region there have been BSE indigenous cases:

(2) (a) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced; or

(2) (b) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.

(2) II.2.9.2. for imports from a country or a region with a controlled BSE risk as listed in Annex to Commission Decision 2007/453/EC as amended:

(1) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a controlled BSE risk;

(2) the animals from which the products of bovine, ovine and caprine animal origin were derived passed ante-mortem and post-mortem inspections;

(3) animals from which the products of bovine, ovine and caprine animal origin destined for export were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity;

(2)(3) (4) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001, or mechanically separated meat obtained from bones of bovine, ovine or caprine animals.

(2)(4) (5) in the case of intestines originally sourced from a country or a region with a negligible BSE risk, imports of treated intestines shall be subject to the following conditions:

(a) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing a controlled BSE risk;

(b) the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante-mortem and post-mortem inspections;

(2) (c) if the intestines are sourced from a country or region where there have been BSE indigenous cases:.

(2) (i) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced; or

(2) (ii) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001. 
COUNTRY

Meat products/treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

(2) II.2.9.3. for imports from a country or a region with an undetermined BSE risk as listed in Annex to Commission Decision 2007/453/EC:

(1) the animals from which the products of bovine, ovine and caprine animal origin were derived have not been fed meat-and-bone meal or greaves derived from ruminants and passed ante-mortem and post-mortem inspections;

(2) the animals from which the products of bovine, ovine and caprine animal origin were derived have not been slaughtered after stunning by means of gas injected into the cranial cavity or killed by the same method or slaughtered by laceration after stunning of central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity

(2)(5) (3) the products of bovine, ovine and caprine animal origin are not derived from:

(i) specified risk material as defined in Annex V to Regulation (EC) No 999/2001;

(ii) nervous and lymphatic tissues exposed during the deboning process;

(iii) mechanically separated meat obtained from bones of bovine, ovine or caprine animals.

(2)(4) (4) in the case of intestines originally sourced from a country or a region with a negligible BSE risk, imports of treated intestines shall be subject to the following conditions:

(a) the country or region is classified in accordance with Article 5(2) of Regulation (EC) No 999/2001 as a country or region posing an undetermined BSE risk;

(b) the animals from which the products of bovine, ovine and caprine animal origin were derived were born, continuously reared and slaughtered in the country or region with a negligible BSE risk and passed ante-mortem and post-mortem inspections;

(2) (c) if the intestines are sourced from a country or region where there have been BSE indigenous cases:

(2) (i) the animals were born after the date from which the ban on the feeding of ruminants with meat-and-bone meal and greaves derived from ruminants had been enforced; or

(2) (ii) the products of bovine, ovine and caprine animal origin do not contain and are not derived from specified risk material as defined in Annex V to Regulation (EC) No 999/2001. Notes

Part I:

Box reference I.8: region (if appropriate) as appearing in Annex II to Commission Decision 2007/777/EC (as last amended).

Box reference I.11: Place of origin: name and address of the dispatch establishment.

Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship). Separate information is to be provided in the event of unloading and reloading.

Box reference I.19: use the appropriate HS codes: 02.10, 16.01, 16.02, 05.04. Box reference I.23: Identification of container/Seal number: only where applicable.

Box reference I.28: ‘Species’: select among species described in Part II 1.1. (A);

‘Nature of commodity’: choose among the following: meat product, treated stomachs, bladders or intestines;

‘Abattoir’: any abattoir or ‘game-handling establishment’;

‘Cold store’: any storage facility.

COUNTRY

Meat products/treated stomachs, bladders and intestines for import

II.a. Certificate reference number

II.b.

Part II:

(1) Meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004 and treated stomachs, bladders and intestines that have undergone one of the treatments laid down in Annex II part 4 to Decision 2007/777/EC.

(2) Keep as appropriate.

(3) By way of derogation from point 4, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts, and quarters containing no specified risk material other than the vertebral column, including dorsal root ganglia, may be imported.

When removal of the vertebral column is not required, carcasses or wholesale cuts of carcasses of bovine animals containing vertebral column, shall be identified by a blue stripe on the label referred to in Regulation (EC) No 1760/2000. The number of bovine carcasses or wholesale cuts of carcasses, from which removal of the vertebral column is required as well as he number where removal of the vertebral column is not required shall be added to the document referred to in Article 2(1) of Regulation (EC) No 136/2004 in case of imports.

(4) Only applicable to imports of treated intestines.

(5) By way of derogation from point 3, carcasses, half carcasses or half carcasses cut into no more than three wholesale cuts, and quarters containing no specified risk material other than the vertebral column, including dorsal root ganglia, may be imported.

When removal of the vertebral column is not required, carcasses or wholesale cuts of carcasses of bovine animals containing vertebral column, shall be identified by a clearly visible blue stripe on the label referred to in Regulation (EC) No 1760/2000. Specific information on the number of bovine carcasses or wholesale cuts of carcasses, from which removal of the vertebral column is required and from which removal of the vertebral column is not required shall be added to the document referred to in Article 2(1) of Regulation (EC) No 136/2004 in case of imports.

The colour of the signature shall be different to that of the printing. The same rule applies to the stamp other than those embossed or watermarked.

Official veterinarian

Name (in capital letters):

Qualification and title:

Date:

Stamp:

Signature:
(Transit and/or storage)ANNEX IV
Part I: Details of dispatched consignment

COUNTRY

Veterinary certificate to EU

I.1. Consignor

Name

Address

Tel.

I.2. Certificate reference number

I.2.a

I.3. Central Competent Authority

I.4. Local Competent Authority

I.5. Consignee

Name

Address

Postal code

Tel.

I.6. Person responsible for the consignment in EU

Name

Address

Postal code

Tel.

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. I.11. Place of origin

Name

Approval number

Address

I.12. Place of destination

Custom warehouse

Ship supplier

Name

Approval number

Address

Postal code

I.13. Place of loading

I.14. Date of departure

I.15. Means of transport

Aeroplane

Ship

Railway wagon

Road vehicle

Other

Identification:

Documentary references:

I.16. Entry BIP in EU

I.17. No(s) of CITES

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of product

Ambient

Chilled

Frozen

I.22. Number of packages

I.23. Identification of container/Seal number

I.24. Type of packaging

I.25. Commodities certified for:

Human consumption

I.26. For transit through EU to 3rd Country

3rd country

ISO code

I.27. I.28. Identification of the commodities

Approval number of establishments

Species (Scientific name)

Nature of commodity

Treatment type

Abattoir

Manufacturing plant

Cold store

Number of packages

Net weight

Part II: Certification

COUNTRY

Meat products/treated stomachs, bladders and intestines for transit and storage

II.a. Certificate reference number

II.b.

II. Animal Health Attestation

I, the undersigned official veterinarian, hereby certify, that the meat product, treated stomachs, bladders and intestines (1) for transit and/or storage (2) described above:

II.1. come from a country or region authorized for imports into the EC as laid down in Annex II to 2007/777/EC at the time of slaughter of the animals from which the meat in the meat product or the treated stomachs, bladders and intestines are derived and

II.2. comply with the relevant animal health conditions as laid down in the animal health attestation in the model certificate in Annex III to 2007/777/EC.

Notes

Part I:

Box reference I.8: region (if appropriate) as appearing in Annex II to Commission Decision 2007/777/EC (as last amended).

Box reference I.11: Place of origin: name and address of the dispatch establishment.

Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship). Separate information is to be provided in the event of unloading and reloading.

Box reference I.19: use the appropriate HS codes: 02.10, 16.01, 16.02, 05.04. Box reference I.23: Identification of container/Seal number: only where applicable.

Box reference I.28: ‘Species’: select among species described in Part II 1.1. (A);

‘Nature of commodity’: choose among the following: meat product, treated stomachs, bladders or intestines;

‘Treatment type’: specify the description of the treatment(s) applied as laid down in Annex II to Commission Decision 2007/777/EC (as last amended);

‘Abattoir’: any abattoir or ‘game-handling establishment’;

‘Cold store’: any storage facility.

Part II:

(1) Meat products as laid down in point 7.1 of Annex I to Regulation (EC) No 853/2004 and treated stomachs, bladders and intestines that have undergone one of the treatments laid down in Annex II part 4 to Decision 2007/777/EC.

(2) In accordance with Article 12(4) or Article 13 of Council Directive 97/78/EC.

The colour of the signature shall be different to that of the printing. The same rule applies to the stamp other than those embossed or watermarked.

Official veterinarian

Name (in capital letters):

Qualification and title:

Date:

Stamp:

Signature:
			

Pending: 32004D0639

                                January 15, 2026                            

15.9.2004
EN
Official Journal of the European Union
L 292/21

(1)
Commission Decision 90/14/EEC(2), lays down the list of third countries from which bovine semen may be imported.

(2)
Commission Decision 91/277/EEC(3), lays down health protection measures in respect of imports of deep-frozen bovine semen from Israel.

(3)
Commission Decision 94/577/EC(4), lays down animal health conditions and veterinary certification for the importation of bovine semen from third countries.

(4)
Following the modification of Directive 88/407/EEC by Council Directive 2003/43/EC(5), the recast of Commission decisions related to importation of semen of domestic animals of the bovine species into the Community is required.

(5)
The lists of semen collection and storage centres from which Member States shall authorise the importation of semen originating in third countries is established and updated in accordance with Article 9(1) of Directive 88/407/EEC which foresees that the up-to-date version of all lists be made available to the public. These lists are on the Internet at: http://europa.eu.int/comm/food/index_en.htm.

(6)
Directive 2003/43/EC amending Directive 88/407/EEC provides that as of 1 January 2005, semen of domestic animals of bovine species must be collected, processed and stored according to the new provisions introduced by Directive 2003/43/EC in order to be eligible to imports.

(7)
However, it is appropriate to authorise the continuing imports of stocks of semen of domestic animals of bovine species in accordance with the provisions of Directive 88/407/EEC, prior to the modification introduced by Directive 2003/43/EC.

(8)
Therefore, Article 2(2) of Directive 2003/43/EC provides that:—up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,—after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.
—
up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,
—
after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.

—
up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,

—
after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.

—
up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,

—
after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.

(9)
Consequently, it is necessary to provide a model certificate for imports of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 and to be used as of 1 January 2005.

(10)
It is more convenient to gather, in the same act, all the information relating to the importation of semen of domestic animals of the bovine species (list of third countries authorised, veterinary requirements applying to importations and list of centres approved in those third countries), and to repeal Decisions 90/14/EEC, 91/277/EEC and 94/577/EC accordingly.

(11)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

ISO code
Country

AU
Australia

CA
Canada

CH
Switzerland

NZ
New Zealand

RO
Romania

US
United States of America

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down animal health requirements governing trade and imports into the Community of semen of domestic animals of bovine species(1), and in particular Article 8(1), Article 10(2) and Article 11(2) thereof,

(1) Commission Decision 90/14/EEC(2), lays down the list of third countries from which bovine semen may be imported.

(2) Commission Decision 91/277/EEC(3), lays down health protection measures in respect of imports of deep-frozen bovine semen from Israel.

(3) Commission Decision 94/577/EC(4), lays down animal health conditions and veterinary certification for the importation of bovine semen from third countries.

(4) Following the modification of Directive 88/407/EEC by Council Directive 2003/43/EC(5), the recast of Commission decisions related to importation of semen of domestic animals of the bovine species into the Community is required.

(5) The lists of semen collection and storage centres from which Member States shall authorise the importation of semen originating in third countries is established and updated in accordance with Article 9(1) of Directive 88/407/EEC which foresees that the up-to-date version of all lists be made available to the public. These lists are on the Internet at: http://europa.eu.int/comm/food/index_en.htm.

(6) Directive 2003/43/EC amending Directive 88/407/EEC provides that as of 1 January 2005, semen of domestic animals of bovine species must be collected, processed and stored according to the new provisions introduced by Directive 2003/43/EC in order to be eligible to imports.

(7) However, it is appropriate to authorise the continuing imports of stocks of semen of domestic animals of bovine species in accordance with the provisions of Directive 88/407/EEC, prior to the modification introduced by Directive 2003/43/EC.

(8) Therefore, Article 2(2) of Directive 2003/43/EC provides that:—up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,—after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.

(9) Consequently, it is necessary to provide a model certificate for imports of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 and to be used as of 1 January 2005.

(10) It is more convenient to gather, in the same act, all the information relating to the importation of semen of domestic animals of the bovine species (list of third countries authorised, veterinary requirements applying to importations and list of centres approved in those third countries), and to repeal Decisions 90/14/EEC, 91/277/EEC and 94/577/EC accordingly.

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

HAS ADOPTED THIS DECISION:
Article 1

1.   Member States shall authorise the importation from third countries listed in Annex I, of semen of domestic animals of the bovine species conforming to the conditions laid down in the model animal health certificate in Annex II, part 1 and accompanied by such a certificate duly completed.

2.   However, as of 1 January 2005, Member States shall authorise the importation from third countries listed in Annex I, of semen of domestic animals of the bovine species, collected, processed and stored before 31 December 2004, conforming to the conditions laid down in the model animal health certificate in Annex II, part 2 and accompanied by such a certificate duly completed.

3.   The semen referred to in paragraph 1 must be collected after the date of approval of the centre by the competent national authorities of the third countries concerned.
Article 2

Decisions 90/14/EEC, 91/277/EEC and 94/577/EC are repealed.
Article 3

This Decision shall apply from 18 September 2004.
Article 4

This Decision is addressed to the Member States.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 88/407/EEC of 14 June 1988 laying down animal health requirements governing trade and imports into the Community of semen of domestic animals of bovine species(1), and in particular Article 8(1), Article 10(2) and Article 11(2) thereof,

(1) Commission Decision 90/14/EEC(2), lays down the list of third countries from which bovine semen may be imported.

(2) Commission Decision 91/277/EEC(3), lays down health protection measures in respect of imports of deep-frozen bovine semen from Israel.

(3) Commission Decision 94/577/EC(4), lays down animal health conditions and veterinary certification for the importation of bovine semen from third countries.

(4) Following the modification of Directive 88/407/EEC by Council Directive 2003/43/EC(5), the recast of Commission decisions related to importation of semen of domestic animals of the bovine species into the Community is required.

(5) The lists of semen collection and storage centres from which Member States shall authorise the importation of semen originating in third countries is established and updated in accordance with Article 9(1) of Directive 88/407/EEC which foresees that the up-to-date version of all lists be made available to the public. These lists are on the Internet at: http://europa.eu.int/comm/food/index_en.htm.

(6) Directive 2003/43/EC amending Directive 88/407/EEC provides that as of 1 January 2005, semen of domestic animals of bovine species must be collected, processed and stored according to the new provisions introduced by Directive 2003/43/EC in order to be eligible to imports.

(7) However, it is appropriate to authorise the continuing imports of stocks of semen of domestic animals of bovine species in accordance with the provisions of Directive 88/407/EEC, prior to the modification introduced by Directive 2003/43/EC.

(8) Therefore, Article 2(2) of Directive 2003/43/EC provides that:—up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,—after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.

(9) Consequently, it is necessary to provide a model certificate for imports of semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004 and to be used as of 1 January 2005.

(10) It is more convenient to gather, in the same act, all the information relating to the importation of semen of domestic animals of the bovine species (list of third countries authorised, veterinary requirements applying to importations and list of centres approved in those third countries), and to repeal Decisions 90/14/EEC, 91/277/EEC and 94/577/EC accordingly.

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

HAS ADOPTED THIS DECISION:
1.   Member States shall authorise the importation from third countries listed in Annex I, of semen of domestic animals of the bovine species conforming to the conditions laid down in the model animal health certificate in Annex II, part 1 and accompanied by such a certificate duly completed.

2.   However, as of 1 January 2005, Member States shall authorise the importation from third countries listed in Annex I, of semen of domestic animals of the bovine species, collected, processed and stored before 31 December 2004, conforming to the conditions laid down in the model animal health certificate in Annex II, part 2 and accompanied by such a certificate duly completed.

3.   The semen referred to in paragraph 1 must be collected after the date of approval of the centre by the competent national authorities of the third countries concerned.
Decisions 90/14/EEC, 91/277/EEC and 94/577/EC are repealed.
This Decision shall apply from 18 September 2004.
This Decision is addressed to the Member States.
ANNEX IList of third countries from which Member States authorise importation of semen of domestic animals of the bovine species

ISO code | Country

AU | Australia

CA | Canada

CH | Switzerland

NZ | New Zealand

RO | Romania

US | United States of America
Model veterinary certificates for importsANNEX IIPART 1The following model certificate is applicable to imports of semen collected in accordance with Directive 88/407/EEC as amended by Directive 2003/43/EC
VETERINARY CERTIFICATE Semen of domestic animals of the bovine species for imports collected in accordance with Directive 88/407/EEC as amended by Directive 2003/43/EC 1. Country of provenance and competent authority 2. Health certificate No

A. ORIGIN OF SEMEN 3. Approval number of the centre of provenance of the consignment (collection/storage (1)) 4. Name and address of the centre of provenance of the consignment: collection/storage (1) 5. Name and address of the consignor 6. Country and place of loading 7. Means of transport

B. DESTINATION OF SEMEN 8. Member State of destination 9. Name and address of the consignee

C. IDENTIFICATION OF SEMEN

10.1. Identification mark of the doses (2) 10.2. Number of doses

10.3. Approval number of the collection centre of origin
D. HEALTH INFORMATION 11. I, undersigned official veterinarian, hereby certify that:

11.1. (name of exporting country) (3) has been free from rinderpest and foot-and-mouth disease during the 12 months immediately prior to collection of the semen for export and until its date of dispatch and no vaccination against these diseases has taken place during the same period;

11.2. the centre at which the semen to be exported was collected or stored was:

11.2.1. approved under the conditions laid down in Annex A, Chapter I to Directive 88/407/EEC;

11.2.2. operated and supervised under the conditions laid down in Annex A, Chapter II to Directive 88/407/EEC;

11.3. the centre at which the semen to be exported was collected has been free from rabies, tuberculosis, brucellosis, anthrax and contagious bovine pleuropneumonia during the period commencing 30 days prior to the date of collection of the semen to be exported until 30 days after collection (in the case of fresh semen until day of dispatch);

11.4. the bovine animals standing at the semen collection centre:

11.4.1. come from herds and/or were born to dams which satisfy the conditions at Annex B(I)(1)(b) and (c) to Directive 88/407/EEC;

11.4.2. have, within the 28 days preceding the quarantine isolation period, undergone the tests required by Annex B(I)(1)(d) to Directive 88/407/EEC;

11.4.3. have satisfied the quarantine isolation period and testing requirements laid down in Annex B(I)(1)(e) to Directive 88/407/EEC;

11.4.4. have undergone, at least once a year, with negative results, the routine tests according to Annex B(II) to Directive 88/407/EEC;

11.5. the semen to be exported was obtained from donor bulls;

11.5.1. which satisfy the conditions laid down in Annex C to Directive 88/407/EEC;

11.5.2. which have been resident in the exporting country, for the period of six months immediately prior to collection of semen for export (1); or which have been imported since less than six months in the exporting country from (3). At the time of import, they satisfied the animal health conditions applied to donors whose semen is intended for export to the Community (1);

11.5.3. resident in:

****

either bluetongue virus free countries or zones and which fulfil the conditions laid down in paragraph 1 of Article 2.1.9.9 of the Terrestrial Animal Health Code (1);

or bluetongue virus seasonally free zones and which fulfil the conditions laid down in paragraph 1 of Article 2.1.9.10 of the Terrestrial Animal Health Code (1);

or bluetongue virus infected countries or zones and which fulfil the conditions laid down in paragraph 1 of Article 2.1.9.11 of the Terrestrial Animal Health Code (1);

11.5.4. which were subjected on two occasions not more than 12 months apart to the following pre-collection and post-collection tests with negative results in an approved laboratory (the post-collection test must be performed on a blood sample taken not less than 21 days following the collection of semen for export) to an agar-gel immuno-diffusion test (4) and a virus neutralisation test for all serotypes of epizootic haemorrhagic disease (EHD) known to exist in the exporting country, which are the following: ;

***
11.5.5. which were subjected in an approved laboratory with negative results prior to entry and every six months to an agar-gel immuno-diffusion test (4) and a virus neutralization test for all serotypes of epizootic haemorrhagic disease (EHD) known to exist in the exporting country, which are the following: ;

**

11.5.6. which were subjected on two occasions not more than 12 months apart to the following pre-collection and post-collection tests with negative results in an approved laboratory (the post-collection test must be performed on a blood sample taken not less than 21 days following the collection of semen for export) to a serum neutralisation test for Akabane virus;

*

11.6. the semen to be exported was collected after the date of approval of the centre by the competent national authorities of the exporting country;

11.7. The semen to be exported was processed, stored and transported under conditions, which satisfy the terms of Directive 88/407/EEC.

E. VALIDITY 12. Date and place 13. Name and qualification of the official veterinarian 14. Signature and stamp of the official veterinarian

Note for the importer: this certificate is only for veterinary purposes and has to accompany the consignment until it reaches the border inspection post.

(1) Delete as necessary.

(2) Corresponding to the identification of the donor animals and date of collection.

(3) Countries listed in Annex I of Decision 2004/639/EC.

(4) Standards for EHD virus diagnostic tests are described in the blue tongue chapter of the Terrestrial Manual.

**** To be used only by Australia, Canada and USA.

*** To be used only by Australia and USA.

** To be used only by Canada.

* To be used only by Australia.

PART 2The following model certificate is applicable from 1 January 2005 for imports of stocks of semen collected, processed and stored before 31 December 2004 in accordance with the former conditions of Council Directive 88/407/EEC, and imported after that date in accordance with Article 2(2) of Directive 2003/43/EC.
VETERINARY CERTIFICATE Semen of domestic animals of the bovine species collected, processed and stored before 31 December 2004, for imports as of 1 January 2005, in accordance with Article 2(2) of Directive 2003/43/EC 1. Country of provenance and competent authority 2. Health certificate No

A. ORIGIN OF SEMEN 3. Approval number of the centre of provenance of the consignment (collection/storage (1)) 4. Name and address of the centre of provenance of the consignment: collection/storage (1) 5. Name and address of the consignor 6. Country and place of loading 7. Means of transport

B. DESTINATION OF SEMEN 8. Member State of destination 9. Name and address of the consignee

C. IDENTIFICATION OF SEMEN

10.1. Identification mark of the doses (2) 10.2. Date of collection (3) 10.3. Number of doses

10.4. Approval number of the collection centre of origin
D. HEALTH INFORMATION 11. I, undersigned official veterinarian, hereby certify that:

11.1. (Name of exporting country)

has been free from rinderpest and foot-and-mouth disease during the 12 months immediately prior to collection of the semen for export and until its date of dispatch and no vaccination against these diseases has taken place during the same period;

11.2. the semen described above was collected before the date of 31 December 2004 on a semen collection centre which was:

11.2.1. approved under the conditions laid down in Annex A, Chapter I to Directive 88/407/EEC;

11.2.2. operated and supervised under the conditions laid down in Annex A, Chapter II to Directive 88/407/EEC;

11.3. the centre at which the semen to be exported was collected has been free from rabies, tuberculosis, brucellosis, anthrax and contagious bovine pleuropneumonia during the period commencing 30 days prior to the date of collection of the semen to be exported until 30 days after collection (in the case of fresh semen until day of dispatch);

11.4. at the time the semen described above was collected, all bovine animals at the semen collection centre:

11.4.1. came from herds and/or were born to dams which satisfy the conditions of paragraphs 1(b) and (c) in Chapter I of Annex B to Directive 88/407/EEC;

11.4.2. have, within the 30 days preceding the quarantine isolation period, undergone with negative results:

the tests required by Annex B, Chapter I, 1.d.(i), (ii) and (iii) to Directive 88/407/EEC, and

a serum neutralisation test or an ELISA test for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis, and

a virus isolation test (fluorescent antibody test or immunoperoxidase test) for bovine viral diarrhoea, which in the case of an animal less than six months of age has been deferred until that age was reached;

11.4.3. have satisfied the quarantine isolation period of 30 days and have been subjected with the required negative results to the following health tests:

a serological test for brucellosis carried out in accordance with the procedure described in Annex C to Directive 64/432/EEC,

either an immunofluorescent antibody test or a culture test for campylobacter foetus infection on a sample of preputial material or artificial vagina washings, or, in the case of a female animal, a vaginal mucus agglutination test,

a microscopic examination and culture test for trichomonas foetus on a sample of preputial material or artificial vagina washings, or in the case of a female animal a vaginal mucus agglutination test;

11.4.4. have undergone, at least once a year, with negative results, the routine tests referred to in points 1(a) (b) and (c) in Chapter I of Annex B to Directive 88/407/EEC;

11.5. at the time the semen described above was collected:

11.5.1. all female bovine animals in the centre have undergone at least once a year a vaginal mucus agglutination test for campylobacter foetus infection with negative results; and

11.5.2. all bulls used for semen production have undergone with negative result either an immunofluorescent antibody test or a culture test for campylobacter foetus infection on a sample of preputial material or artificial vagina washings carried out within 12 months prior to collection;
11.6. the semen to be exported was obtained from donor bulls;

11.6.1. which satisfy the conditions laid down in Annex C to Directive 88/407/EEC;

11.6.2. which have been resident in the exporting country, for the period of six months immediately prior to collection of semen for export (1); or which have been imported since less than six months in the exporting country, from (4). At the time of import, they satisfied the health conditions applied to donors whose semen is intended for export to the Community (1);

11.6.3. standing in a semen collection centre in which: i) all bovine animals have undergone at least once a year with negative result a serum neutralisation test or an ELISA test for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis (1); or

ii) bovine animals not vaccinated against infectious bovine rhinotracheitis have undergone at least once a year with negative result a serum neutralisation test or an ELISA test for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis, and testing for infectious bovine rhinotracheitis is not carried out on bulls which have received a first vaccination against infectious bovine rhinotracheitis at the insemination centre after they have been tested with negative result in a serum neutralisation test or an ELISA test for infectious bovine rhinotracheitis/infectious pustular vulvo-vaginitis and which since the first vaccination have been regularly re-vaccinated with an interval of not more than six months (1).

11.6.4. resident in:

****

either bluetongue virus free countries or zones and which fulfil the conditions laid down in paragraph 1 of Article 2.1.9.9 of the Terrestrial Animal Health Code (1);

or bluetongue virus seasonally free zones and which fulfil the conditions laid down in paragraph 1 of Article 2.1.9.10 of the Terrestrial Animal Health Code (1);

or bluetongue virus infected countries or zones and which fulfil the conditions laid down in paragraph 1 of Article 2.1.9.11 of the Terrestrial Animal Health Code (1);

11.6.5. which were subjected on two occasions not more than 12 months apart to the following pre-collection and post-collection tests with negative results in an approved laboratory (the post-collection test must be performed on a blood sample taken not less than 21 days following the collection of semen for export) to an agar-gel immuno-diffusion test (4) and a virus neutralisation test for all serotypes of epizootic haemorrhagic disease (EHD) known to exist in the exporting country, which are the following: ;

***

11.6.6. which were subjected in an approved laboratory with negative results prior to entry and every six months to an agar-gel immuno-diffusion test (4) and a virus neutralization test for all serotypes of epizootic haemorrhagic disease (EHD) known to exist in the exporting country, which are the following: ;

**

11.6.7. which were subjected on two occasions not more than 12 months apart to the following pre-collection and post-collection tests with negative results in an approved laboratory (the post-collection test must be performed on a blood sample taken not less than 21 days following the collection of semen for export) to a serum neutralisation test for Akabane virus;

*

11.7. the semen to be exported was collected after the date of approval of the centre by the competent national authorities of the exporting country;

11.8. the semen to be exported was processed, stored and transported under conditions which satisfy the terms of Directive 88/407/EEC prior to the modification introduced by Directive 2003/43/EC.
E. VALIDITY 12. Date and place 13. Name and qualification of the official veterinarian 14. Signature and stamp of the official veterinarian

Note for the importer: this certificate is only for veterinary purposes and has to accompany the consignment until it reaches the border inspection post.

(1) Delete as necessary.

(2) Corresponding to the identification of the donor animals and date of collection.

(3) The date of collection must be earlier than 31 December 2004. (4) Countries listed in Annex I of Decision 2004/639/EC.

(6) Standards for EHD virus diagnostic tests are described in the Blue Tongue chapter of the Terrestrial Manual.

**** To be used only by Australia, Canada and USA.

*** To be used only by Australia and USA.

** To be used only by Canada.

* To be used only by Australia.

Pending: 32004D0211

                                January 15, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1), and in particular Articles 12 and 19(i) and (ii) thereof,Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(2), and in particular Article 17(3)(b) thereof,Whereas:(1) Article 12 of Council Directive 90/426/EEC provides that imports of equidae are only allowed from third countries or parts of third countries appearing in a list to be incorporated in the list of third countries laid down in accordance with the provisions of Article 3 of Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3).(2) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products(4), has been substantially amended in particular to the effect that equidae are to be excluded from its scope. However Commission Decisions adopted on the basis of Directive 90/426/EEC and concerning health conditions for imports of equidae provide for lists of the third countries authorised for export to the Community of these animals which are based on Decision 79/542/EEC.(3) The rules governing animal health conditions for the importation of live animals under Directive 72/462/EEC, in particular the provisions of Article 3 referring to a list of third countries authorised for the exportation of live animals, are currently under review. To this end the Commission adopted a Proposal for a Council Directive(5) laying down the animal health rules for the importation into the Community of certain live animals and amending Directives 72/462/EEC, 90/426/EEC, 92/65/EEC and 97/78/EC. In this context, Article 12 of Directive 90/426/EEC will be amended in order to establish therein the principles for drawing up a list of third countries from which importation of equidae are authorised.(4) Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses(6), contains in Annex I a list of third countries from which Member States authorise the temporary admission of such animals, and established the sanitary groups of third countries.(5) Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export(7), contains a list of third countries in Annex I from which Member States authorise the re-entry of such animals.(6) Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter(8), contains a list of third countries in footnote 3 of Annex II from which Member States authorise imports of such animals.(7) Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production(9), contains a list of third countries in Annex I from which Member States authorise imports of such animals.(8) It is appropriate to list the third countries approved for the importation of equidae into the Community in a single Community act.(9) In some cases, only specified categories of equidae or particular types of importation are authorised from a part of the territory of a third country as specified in Commission Decision 92/160/EEC of 5 March 1992 establishing the regionalisation of certain third countries for imports of equidae(10), and for clarity and transparency these regionalisation conditions should also be provided together with the list of approved third countries and Decision 92/160/EEC repealed.(10) Because the list of third countries is a list in principle, provisions should be made for references to specific conditions or restrictions applying to importation of equidae in accordance with Community legislation.(11) Commission Decision 95/461/EC(11) lays down protective measures in relation to Venezuelan equine encephalomyelitis in Venezuela and Colombia prohibiting the re-admission after temporary export of registered horses from Venezuela and Colombia. It appears therefore appropriate to adapt the list accordingly.(12) Commission Decision 97/10/EC(12) amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa, lays down specific import conditions including regionalisation.(13) Commission Decision 94/63/EC of 31 January 1994 drawing up a provisional list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine, caprine and equine species, and ova and embryos of the porcine species(13), refers in Part II of its Annex to Parts 1 and 2 of the Annex to Decision 79/542/EEC. This list was established under Article 28 of Directive 92/65/EEC for a transitional period of 3 years.(14) Commission Decision 2000/284/EC of 31 March 2000 establishing the list of approved semen collection centres for imports of equine semen from third countries and amending Decisions 96/539/EC and 96/540/EC(14), contains a list of countries and establishments from which imports of equine semen are authorised.(15) Commission Decision 96/539/EC of 4 September 1996 on the animal health requirements and veterinary certification for imports into the Community of semen of the equine species(15), and Commission Decision 96/540/EC of 4 September 1996 on the animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(16), establish animal health conditions applying to imports of equine semen, ova, and embryos, and reference to those provisions should also be made in a consolidated list of third countries.(16) It is appropriate to combine the specific country lists and the regionalisation conditions set out in Decisions 79/542/EEC, 92/160/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC and 94/63/EC in one consolidated list, specifying the sanitary grouping of third countries and where applicable, specific conditions for imports of equidae and semen, ova and embryos of that species from those third countries.(17) Consequently Decisions 92/160/EEC and 95/461/EEC should be repealed and Decisions 94/63/EC and 93/195/EEC amended accordingly.(18) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health.HAS ADOPTED THIS DECISION:Article 1Subject matter and scopeThis Decision establishes a list of third countries, or parts thereof where regionalisation applies, from which Member States authorise the importation of equidae and semen, ova and embryos thereof, and indicates the other conditions applicable to such imports.Article 2DefinitionsFor the purpose of this Decision the following definitions shall apply:”category of equidae”: shall mean equidae as defined in Article 2 (c), (d) and (e) of Directive 90/426/EEC and registered horses;”importation”: shall mean the introduction onto Community territory of live equidae in accordance with the conditions specifically laid down for the particular type of importation, notably temporary admission, re-entry after temporary export and imports.Article 3Importation of live equidaeMember States shall authorise the importation into the Community of live equidae from the third countries or parts of the territories of those third countries listed in columns 2 and 4 of the Annex in accordance with the indications set out in Annex I, as follows:- the temporary admission of registered horses as indicated in column 6,- the re-entry after temporary export of registered horses for racing, competition and cultural events as indicated in column 7,- the import of registered horses as indicated in column 8,- the import of equidae for slaughter as indicated in column 9,- the import of registered equidae and equidae for breeding and production as indicated in column 10.Article 4Imports of semen of the equine speciesMember States shall authorise imports of semen of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are also authorised. Such imports shall be subject to the condition that the semen was collected for export to the Community only from equidae belonging to the category of live equidae authorised for permanent imports and such imports shall meet the requirements which correspond to the indications set out in columns 11, 12 and 13 of Annex I.Article 5Imports of ova and embryos of the equine speciesMember States shall authorise imports of ova and embryos of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered equidae and equidae for breeding and production are also authorised. Such imports shall meet the requirements which correspond to the indications set out in column 14 of Annex I.Article 6Conditions for importation of equidae from third countriesMember State shall only authorise importation of equidae, which fulfil the following conditions:(a) the equidae shall meet the animal health requirements laid down in the corresponding model certificate provided for in Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC in respect of the relevant category of equidae, the type of importation and the sanitary group as indicated in column 5 of Annex I to which the third country or part of the territory of a third country of export was assigned;(b) where applicable, the importation of equidae shall be subject to the supplementary guarantees or conditions referred to in column 15 of the table in the Annex I to this Decision;(c) the equidae shall not be transported in a means of transport carrying other equidae that are not destined for the Community;(d) unless otherwise authorised in the specific animal health conditions for importation into the Community, equidae shall not be transported in a means of transport carrying equidae of a lower health status;(e) during the transport to the Community, the equidae shall not be unloaded in the territory of a third country or part of the territory of a third country that is not approved for importation of equidae into the Community;(f) during the transport to the Community, the equidae shall not be transported on road, railway or on foot through the territory or part of the territory of a third country that is not approved for at least one type of importation of at least one category of equidae;(g) the equidae shall arrive at a border inspection post at the point of entry into the Community within 10 days of being certified in the exporting third country for transport or movement to the Community. In the case of transport by sea, the period of 10 days shall be prolonged by the time of the sea voyage.Article 7Conditions for imports of equine semen from third countriesImports into the Community of semen of the equine species shall only be allowed, if such semen is collected in a semen collection centre approved in accordance with Directive 92/65/EEC and listed in Decision 2000/284/EC and fulfils the conditions laid down in the animal health certificate provided for in Commission Decision 96/539/EC.Article 8Conditions for imports of ova and embryos of the equine species from third countriesImports into the Community of ova and embryos of the equine species shall only be allowed if such ova and/or embryos fulfil the conditions laid down in the animal health certificate provided for in Commission Decision 96/540/EC.Article 9Amendments1. Annex I and II of Decision 93/195/EEC are amended in accordance with Annex II to this Decision.2. Decision 94/63/EC is amended as follows:(a) The title of the Decision is replaced by the following:”Commission Decision of 31 January 1994 drawing up a list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine and caprine species and ova and embryos of the porcine species”.(b) In
Article 1

Subject matter and scope

This Decision establishes a list of third countries, or parts thereof where regionalisation applies, from which Member States authorise the importation of equidae and semen, ova and embryos thereof, and indicates the other conditions applicable to such imports.
Article 2

Definitions

For the purpose of this Decision the following definitions shall apply:

“category of equidae”: shall mean equidae as defined in Article 2 (c), (d) and (e) of Directive 90/426/EEC and registered horses;

“importation”: shall mean the introduction onto Community territory of live equidae in accordance with the conditions specifically laid down for the particular type of importation, notably temporary admission, re-entry after temporary export and imports.
Article 3

Importation of live equidae

Member States shall authorise the importation into the Community of live equidae from the third countries or parts of the territories of those third countries listed in columns 2 and 4 of the Annex in accordance with the indications set out in Annex I, as follows:

– the temporary admission of registered horses as indicated in column 6,

– the re-entry after temporary export of registered horses for racing, competition and cultural events as indicated in column 7,

– the import of registered horses as indicated in column 8,

– the import of equidae for slaughter as indicated in column 9,

– the import of registered equidae and equidae for breeding and production as indicated in column 10.
Article 4

Imports of semen of the equine species

Member States shall authorise imports of semen of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are also authorised. Such imports shall be subject to the condition that the semen was collected for export to the Community only from equidae belonging to the category of live equidae authorised for permanent imports and such imports shall meet the requirements which correspond to the indications set out in columns 11, 12 and 13 of Annex I.
Article 5

Imports of ova and embryos of the equine species

Member States shall authorise imports of ova and embryos of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered equidae and equidae for breeding and production are also authorised. Such imports shall meet the requirements which correspond to the indications set out in column 14 of Annex I.
Article 6

Conditions for importation of equidae from third countries

Member State shall only authorise importation of equidae, which fulfil the following conditions:

(a) the equidae shall meet the animal health requirements laid down in the corresponding model certificate provided for in Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC in respect of the relevant category of equidae, the type of importation and the sanitary group as indicated in column 5 of Annex I to which the third country or part of the territory of a third country of export was assigned;

(b) where applicable, the importation of equidae shall be subject to the supplementary guarantees or conditions referred to in column 15 of the table in the Annex I to this Decision;

(c) the equidae shall not be transported in a means of transport carrying other equidae that are not destined for the Community;

(d) unless otherwise authorised in the specific animal health conditions for importation into the Community, equidae shall not be transported in a means of transport carrying equidae of a lower health status;

(e) during the transport to the Community, the equidae shall not be unloaded in the territory of a third country or part of the territory of a third country that is not approved for importation of equidae into the Community;

(f) during the transport to the Community, the equidae shall not be transported on road, railway or on foot through the territory or part of the territory of a third country that is not approved for at least one type of importation of at least one category of equidae;

(g) the equidae shall arrive at a border inspection post at the point of entry into the Community within 10 days of being certified in the exporting third country for transport or movement to the Community. In the case of transport by sea, the period of 10 days shall be prolonged by the time of the sea voyage.
Article 7

Conditions for imports of equine semen from third countries

Imports into the Community of semen of the equine species shall only be allowed, if such semen is collected in a semen collection centre approved in accordance with Directive 92/65/EEC and listed in Decision 2000/284/EC and fulfils the conditions laid down in the animal health certificate provided for in Commission Decision 96/539/EC.
Article 8

Conditions for imports of ova and embryos of the equine species from third countries

Imports into the Community of ova and embryos of the equine species shall only be allowed if such ova and/or embryos fulfil the conditions laid down in the animal health certificate provided for in Commission Decision 96/540/EC.
Article 9

1. Annex I and II of Decision 93/195/EEC are amended in accordance with Annex II to this Decision.

2. Decision 94/63/EC is amended as follows:

(a) The title of the Decision is replaced by the following:

“Commission Decision of 31 January 1994 drawing up a list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine and caprine species and ova and embryos of the porcine species”.

(b) In Article 1, the second paragraph is deleted.

(c) In the Annex, Part II is deleted.
Article 10

Decisions 92/160/EEC and 95/461/EC are repealed.
Article 11

Application date

This Decision shall apply from the 1 May 2004.
Article 12

This Decision is addressed to the Member States.

Done at Brussels, 6 January 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission Regulation (EC) No 1398/2003 (OJ L 198, 6.8.2003, p. 3).

(3) OJ L 302, 31.12.1972, p. 28.

(4) OJ L 146, 14.6.1979, p. 15. Decision as last amended by Decision 2004/212/EC (See page 11 of this Official Journal).

(5) COM(2003) 570.

(6) OJ L 130, 15.5.1992, p. 67. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(7) OJ L 86, 6.4.1993, p. 1. Decision as last amended by Decision 2001/611/EC (OJ L 214, 8.8.2001, p. 49).

(8) OJ L 86, 6.4.1993, p. 7. Decision as last amended by Decision 2001/611/EC (OJ L 214, 8.8.2001, p. 49).

(9) OJ L 86, 6.4.1993, p. 16. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(10) OJ L 71, 18.3.1992, p. 27. Decision as last amended by Decision 2002/635/EC (OJ L 206, 3.8.2002, p. 20).

(11) OJ L 265, 8.11.1995, p. 40.

(12) OJ L 3, 7.4.1997, p. 9. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(13) OJ L 28, 2.2.1994, p. 47. Decision as last amended by Decision 2001/734/EC (OJ L 275, 18.10.2001, p. 19).

(14) OJ L 94, 14.4.2000, p. 35. Decision as last amended by Decision 2003/574/EC (OJ L 196, 2.8.2003, p. 27).

(15) OJ L 230, 11.9.1996, p. 23. Decision as last amended by Decision 2000/284/EC (OJ L 94, 14.4.2000, p. 35).
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1), and in particular Articles 12 and 19(i) and (ii) thereof,Having regard to Council Directive 92/65/EEC of 13 July 1992, laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(2), and in particular Article 17(3)(b) thereof,Whereas:(1) Article 12 of Council Directive 90/426/EEC provides that imports of equidae are only allowed from third countries or parts of third countries appearing in a list to be incorporated in the list of third countries laid down in accordance with the provisions of Article 3 of Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3).(2) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products(4), has been substantially amended in particular to the effect that equidae are to be excluded from its scope. However Commission Decisions adopted on the basis of Directive 90/426/EEC and concerning health conditions for imports of equidae provide for lists of the third countries authorised for export to the Community of these animals which are based on Decision 79/542/EEC.(3) The rules governing animal health conditions for the importation of live animals under Directive 72/462/EEC, in particular the provisions of Article 3 referring to a list of third countries authorised for the exportation of live animals, are currently under review. To this end the Commission adopted a Proposal for a Council Directive(5) laying down the animal health rules for the importation into the Community of certain live animals and amending Directives 72/462/EEC, 90/426/EEC, 92/65/EEC and 97/78/EC. In this context, Article 12 of Directive 90/426/EEC will be amended in order to establish therein the principles for drawing up a list of third countries from which importation of equidae are authorised.(4) Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses(6), contains in Annex I a list of third countries from which Member States authorise the temporary admission of such animals, and established the sanitary groups of third countries.(5) Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export(7), contains a list of third countries in Annex I from which Member States authorise the re-entry of such animals.(6) Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter(8), contains a list of third countries in footnote 3 of Annex II from which Member States authorise imports of such animals.(7) Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production(9), contains a list of third countries in Annex I from which Member States authorise imports of such animals.(8) It is appropriate to list the third countries approved for the importation of equidae into the Community in a single Community act.(9) In some cases, only specified categories of equidae or particular types of importation are authorised from a part of the territory of a third country as specified in Commission Decision 92/160/EEC of 5 March 1992 establishing the regionalisation of certain third countries for imports of equidae(10), and for clarity and transparency these regionalisation conditions should also be provided together with the list of approved third countries and Decision 92/160/EEC repealed.(10) Because the list of third countries is a list in principle, provisions should be made for references to specific conditions or restrictions applying to importation of equidae in accordance with Community legislation.(11) Commission Decision 95/461/EC(11) lays down protective measures in relation to Venezuelan equine encephalomyelitis in Venezuela and Colombia prohibiting the re-admission after temporary export of registered horses from Venezuela and Colombia. It appears therefore appropriate to adapt the list accordingly.(12) Commission Decision 97/10/EC(12) amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa, lays down specific import conditions including regionalisation.(13) Commission Decision 94/63/EC of 31 January 1994 drawing up a provisional list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine, caprine and equine species, and ova and embryos of the porcine species(13), refers in Part II of its Annex to Parts 1 and 2 of the Annex to Decision 79/542/EEC. This list was established under Article 28 of Directive 92/65/EEC for a transitional period of 3 years.(14) Commission Decision 2000/284/EC of 31 March 2000 establishing the list of approved semen collection centres for imports of equine semen from third countries and amending Decisions 96/539/EC and 96/540/EC(14), contains a list of countries and establishments from which imports of equine semen are authorised.(15) Commission Decision 96/539/EC of 4 September 1996 on the animal health requirements and veterinary certification for imports into the Community of semen of the equine species(15), and Commission Decision 96/540/EC of 4 September 1996 on the animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(16), establish animal health conditions applying to imports of equine semen, ova, and embryos, and reference to those provisions should also be made in a consolidated list of third countries.(16) It is appropriate to combine the specific country lists and the regionalisation conditions set out in Decisions 79/542/EEC, 92/160/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC and 94/63/EC in one consolidated list, specifying the sanitary grouping of third countries and where applicable, specific conditions for imports of equidae and semen, ova and embryos of that species from those third countries.(17) Consequently Decisions 92/160/EEC and 95/461/EEC should be repealed and Decisions 94/63/EC and 93/195/EEC amended accordingly.(18) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health.HAS ADOPTED THIS DECISION:Article 1Subject matter and scopeThis Decision establishes a list of third countries, or parts thereof where regionalisation applies, from which Member States authorise the importation of equidae and semen, ova and embryos thereof, and indicates the other conditions applicable to such imports.Article 2DefinitionsFor the purpose of this Decision the following definitions shall apply:”category of equidae”: shall mean equidae as defined in Article 2 (c), (d) and (e) of Directive 90/426/EEC and registered horses;”importation”: shall mean the introduction onto Community territory of live equidae in accordance with the conditions specifically laid down for the particular type of importation, notably temporary admission, re-entry after temporary export and imports.Article 3Importation of live equidaeMember States shall authorise the importation into the Community of live equidae from the third countries or parts of the territories of those third countries listed in columns 2 and 4 of the Annex in accordance with the indications set out in Annex I, as follows:- the temporary admission of registered horses as indicated in column 6,- the re-entry after temporary export of registered horses for racing, competition and cultural events as indicated in column 7,- the import of registered horses as indicated in column 8,- the import of equidae for slaughter as indicated in column 9,- the import of registered equidae and equidae for breeding and production as indicated in column 10.Article 4Imports of semen of the equine speciesMember States shall authorise imports of semen of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are also authorised. Such imports shall be subject to the condition that the semen was collected for export to the Community only from equidae belonging to the category of live equidae authorised for permanent imports and such imports shall meet the requirements which correspond to the indications set out in columns 11, 12 and 13 of Annex I.Article 5Imports of ova and embryos of the equine speciesMember States shall authorise imports of ova and embryos of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered equidae and equidae for breeding and production are also authorised. Such imports shall meet the requirements which correspond to the indications set out in column 14 of Annex I.Article 6Conditions for importation of equidae from third countriesMember State shall only authorise importation of equidae, which fulfil the following conditions:(a) the equidae shall meet the animal health requirements laid down in the corresponding model certificate provided for in Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC in respect of the relevant category of equidae, the type of importation and the sanitary group as indicated in column 5 of Annex I to which the third country or part of the territory of a third country of export was assigned;(b) where applicable, the importation of equidae shall be subject to the supplementary guarantees or conditions referred to in column 15 of the table in the Annex I to this Decision;(c) the equidae shall not be transported in a means of transport carrying other equidae that are not destined for the Community;(d) unless otherwise authorised in the specific animal health conditions for importation into the Community, equidae shall not be transported in a means of transport carrying equidae of a lower health status;(e) during the transport to the Community, the equidae shall not be unloaded in the territory of a third country or part of the territory of a third country that is not approved for importation of equidae into the Community;(f) during the transport to the Community, the equidae shall not be transported on road, railway or on foot through the territory or part of the territory of a third country that is not approved for at least one type of importation of at least one category of equidae;(g) the equidae shall arrive at a border inspection post at the point of entry into the Community within 10 days of being certified in the exporting third country for transport or movement to the Community. In the case of transport by sea, the period of 10 days shall be prolonged by the time of the sea voyage.Article 7Conditions for imports of equine semen from third countriesImports into the Community of semen of the equine species shall only be allowed, if such semen is collected in a semen collection centre approved in accordance with Directive 92/65/EEC and listed in Decision 2000/284/EC and fulfils the conditions laid down in the animal health certificate provided for in Commission Decision 96/539/EC.Article 8Conditions for imports of ova and embryos of the equine species from third countriesImports into the Community of ova and embryos of the equine species shall only be allowed if such ova and/or embryos fulfil the conditions laid down in the animal health certificate provided for in Commission Decision 96/540/EC.Article 9Amendments1. Annex I and II of Decision 93/195/EEC are amended in accordance with Annex II to this Decision.2. Decision 94/63/EC is amended as follows:(a) The title of the Decision is replaced by the following:”Commission Decision of 31 January 1994 drawing up a list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine and caprine species and ova and embryos of the porcine species”.(b) In
Subject matter and scope

This Decision establishes a list of third countries, or parts thereof where regionalisation applies, from which Member States authorise the importation of equidae and semen, ova and embryos thereof, and indicates the other conditions applicable to such imports.
Definitions

For the purpose of this Decision the following definitions shall apply:

“category of equidae”: shall mean equidae as defined in Article 2 (c), (d) and (e) of Directive 90/426/EEC and registered horses;

“importation”: shall mean the introduction onto Community territory of live equidae in accordance with the conditions specifically laid down for the particular type of importation, notably temporary admission, re-entry after temporary export and imports.
Importation of live equidae

Member States shall authorise the importation into the Community of live equidae from the third countries or parts of the territories of those third countries listed in columns 2 and 4 of the Annex in accordance with the indications set out in Annex I, as follows:

– the temporary admission of registered horses as indicated in column 6,

– the re-entry after temporary export of registered horses for racing, competition and cultural events as indicated in column 7,

– the import of registered horses as indicated in column 8,

– the import of equidae for slaughter as indicated in column 9,

– the import of registered equidae and equidae for breeding and production as indicated in column 10.
Imports of semen of the equine species

Member States shall authorise imports of semen of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered horses, registered equidae or equidae for breeding and production are also authorised. Such imports shall be subject to the condition that the semen was collected for export to the Community only from equidae belonging to the category of live equidae authorised for permanent imports and such imports shall meet the requirements which correspond to the indications set out in columns 11, 12 and 13 of Annex I.
Imports of ova and embryos of the equine species

Member States shall authorise imports of ova and embryos of the equine species from third countries or parts of the territory of third countries listed in columns 2 and 4 of Annex I respectively from which permanent imports of registered equidae and equidae for breeding and production are also authorised. Such imports shall meet the requirements which correspond to the indications set out in column 14 of Annex I.
Conditions for importation of equidae from third countries

Member State shall only authorise importation of equidae, which fulfil the following conditions:

(a) the equidae shall meet the animal health requirements laid down in the corresponding model certificate provided for in Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC in respect of the relevant category of equidae, the type of importation and the sanitary group as indicated in column 5 of Annex I to which the third country or part of the territory of a third country of export was assigned;

(b) where applicable, the importation of equidae shall be subject to the supplementary guarantees or conditions referred to in column 15 of the table in the Annex I to this Decision;

(c) the equidae shall not be transported in a means of transport carrying other equidae that are not destined for the Community;

(d) unless otherwise authorised in the specific animal health conditions for importation into the Community, equidae shall not be transported in a means of transport carrying equidae of a lower health status;

(e) during the transport to the Community, the equidae shall not be unloaded in the territory of a third country or part of the territory of a third country that is not approved for importation of equidae into the Community;

(f) during the transport to the Community, the equidae shall not be transported on road, railway or on foot through the territory or part of the territory of a third country that is not approved for at least one type of importation of at least one category of equidae;

(g) the equidae shall arrive at a border inspection post at the point of entry into the Community within 10 days of being certified in the exporting third country for transport or movement to the Community. In the case of transport by sea, the period of 10 days shall be prolonged by the time of the sea voyage.
Conditions for imports of equine semen from third countries

Imports into the Community of semen of the equine species shall only be allowed, if such semen is collected in a semen collection centre approved in accordance with Directive 92/65/EEC and listed in Decision 2000/284/EC and fulfils the conditions laid down in the animal health certificate provided for in Commission Decision 96/539/EC.
Conditions for imports of ova and embryos of the equine species from third countries

Imports into the Community of ova and embryos of the equine species shall only be allowed if such ova and/or embryos fulfil the conditions laid down in the animal health certificate provided for in Commission Decision 96/540/EC.
1. Annex I and II of Decision 93/195/EEC are amended in accordance with Annex II to this Decision.

2. Decision 94/63/EC is amended as follows:

(a) The title of the Decision is replaced by the following:

“Commission Decision of 31 January 1994 drawing up a list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine and caprine species and ova and embryos of the porcine species”.

(b) In Article 1, the second paragraph is deleted.

(c) In the Annex, Part II is deleted.
Decisions 92/160/EEC and 95/461/EC are repealed.
Application date

This Decision shall apply from the 1 May 2004.
This Decision is addressed to the Member States.

Done at Brussels, 6 January 2004.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission Regulation (EC) No 1398/2003 (OJ L 198, 6.8.2003, p. 3).

(3) OJ L 302, 31.12.1972, p. 28.

(4) OJ L 146, 14.6.1979, p. 15. Decision as last amended by Decision 2004/212/EC (See page 11 of this Official Journal).

(5) COM(2003) 570.

(6) OJ L 130, 15.5.1992, p. 67. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(7) OJ L 86, 6.4.1993, p. 1. Decision as last amended by Decision 2001/611/EC (OJ L 214, 8.8.2001, p. 49).

(8) OJ L 86, 6.4.1993, p. 7. Decision as last amended by Decision 2001/611/EC (OJ L 214, 8.8.2001, p. 49).

(9) OJ L 86, 6.4.1993, p. 16. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(10) OJ L 71, 18.3.1992, p. 27. Decision as last amended by Decision 2002/635/EC (OJ L 206, 3.8.2002, p. 20).

(11) OJ L 265, 8.11.1995, p. 40.

(12) OJ L 3, 7.4.1997, p. 9. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(13) OJ L 28, 2.2.1994, p. 47. Decision as last amended by Decision 2001/734/EC (OJ L 275, 18.10.2001, p. 19).

(14) OJ L 94, 14.4.2000, p. 35. Decision as last amended by Decision 2003/574/EC (OJ L 196, 2.8.2003, p. 27).

(15) OJ L 230, 11.9.1996, p. 23. Decision as last amended by Decision 2000/284/EC (OJ L 94, 14.4.2000, p. 35).
Commission Decision 93/195/EEC is amended as follows:

1. The list of third countries in Group D in Annex I is replaced by the following:”Argentina (AR), Barbados (BB), Bermuda (BM), Bolivia (BO), Brazil (1) (BR), Chile (CL), Costa Rica (1) (CR), Cuba (CU), Jamaica (JM), Mexico (1) (MX), Peru (1) (PE), Paraguay (PY), Uruguay (UY)”.

2. The list of third countries in Group D in the title of the Health Certificate in Annex II is replaced by the following:”Argentina, Barbados, Bermuda, Bolivia, Brazil (1), Chile, Costa Rica (1), Cuba, Jamaica, Mexico (1), Peru (1), Paraguay, Uruguay”.

Pending: 32003D0858

                                January 15, 2026                            

11.12.2003
EN
Official Journal of the European Union
L 324/37

(1)
A list of third countries or parts thereof, from which Member States are authorised to import live fish, their eggs and gametes for farming in the Community, should be established.

(2)
It is necessary to lay down specific animal health conditions and model certificates for those third countries, taking into account the animal health situation of the third country concerned and of the fish, eggs or gametes to be imported, in order to prevent the introduction of disease agents that could cause significant impact to the fish stock in the Community.

(3)
Attention should be paid to emerging diseases and diseases which are exotic to the Community and which could have serious impact on the fish stocks in the Community. Furthermore, the vaccination policy and the disease situation as regards epizootic haematopoietic necrosis (EHN) and the fish diseases referred to in Annex A to Directive 91/67/EEC, at the place or production and where appropriate at the place of destination should be taken into account.

(4)
It is necessary that countries or parts thereof from which Member States are authorised to import live fish, their eggs and gametes for farming, must apply conditions for disease control, and monitoring at least equivalent to Community standards as laid down in Directive 91/67/EEC and in Council Directive 93/53/EC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases(3), as last amended by Commission Decision 2001/288/EC(4). The sampling and testing methods used should be at least equivalent to Commission Decision 2001/183/EC(5)of 22 February 2001 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases and repealing Decision 92/532/EEC, and Commission Decision 2003/466/EC(6)of 13 June 2003 establishing criteria for zoning and official surveillance following suspicion or confirmation of the presence of Infectious salmon anaemia (ISA). In cases where sampling and testing methods are not laid down in the Community legislation, the sampling and testing methods used should be in accordance with those laid down in the International Office of Epizootics (OIE) Manual of Diagnostic Tests for Aquatic Animals.

(5)
It is necessary that the responsible competent authorities of these third countries undertake to notify by fax, telegram or electronic mail, the Commission and the Member States within 24 hours, of any occurrence of epizootic haematopoietic necrosis (EHN), or diseases referred to in Annex A to Directive 91/67/EEC, as well as any other disease outbreaks causing a significant impact to the fish stock within their territory or parts thereof from which imports covered by this Decision are authorised. In such event, the responsible competent authorities of those third countries must take measures to prevent the disease spreading into the Community. Furthermore and as applicable, the Commission and the Member States should be notified of any alteration in the vaccination policy against such diseases.

(6)
In addition, when importing live fish of aquaculture origin and products thereof for human consumption, it is necessary to prevent the introduction into the Community of serious diseases affecting aquaculture animals.

(7)
Therefore, it is necessary to supplement the certification requirements relating to the importation of live fish of aquaculture origin and products thereof under Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(7), as last amended by Regulation (EC) No 806/2003, with the animal health certification requirements.

(8)
It would reduce the possibility to control and eradicate diseases which are exotic to the Community and which could have serious impact on the fish stocks in the Community, if fish that could carry the disease are released into unenclosed waters in the Community. Live fish, eggs and gametes of aquaculture origin, should therefore be imported into the Community only if they are introduced into a farm.

(9)
This Decision should not apply to the importation of tropical ornamental fish kept permanently in aquariums.

(10)
This Decision should apply without prejudice to the public health conditions established under Directive 91/493/EEC.

(11)
This Decision should apply without prejudice to Community or national provision on the conservation of species.

(12)
Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(8)lays down standards of certification. The rules and principles applied by third-country certifying officers should provide guarantees, which are equivalent to those laid down in that Directive.

(13)
The principles laid down in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(9), in particular Article 3 of that Directive should be taken into account.

(14)
A transitional period of time should be provided for the implementation of the new import certification requirements.

(15)
The list of approved countries referred to in Annex I to this Decision should be reviewed no later than 12 months after the date of application.

(16)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(a)
live fish, their eggs and gametes, intended for farming in the Community;

(b)
live fish of aquaculture origin intended for restocking of put-and take fisheries in the Community;

(c)
live fish of aquaculture origin and products thereof, intended for immediate human consumption or further processing before human consumption.

(a)
‘aquaculture origin’ means fish originating from a farm;

(b)
‘approved import centre’ means any establishment in the Community where special bio-security measures have been put in place, approved by the competent authority of the Member State concerned, for further processing of imported live fish of aquaculture origin and products thereof;

(c)
‘coastal zone’ means a zone consisting of a part of the coast or sea water or an estuary:(i)which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or(ii)which is situated between the mouths of two watercourses, or(iii)where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;
(i)
which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or
(ii)
which is situated between the mouths of two watercourses, or
(iii)
where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

(i)
which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or

(ii)
which is situated between the mouths of two watercourses, or

(iii)
where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

(i)
which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or

(ii)
which is situated between the mouths of two watercourses, or

(iii)
where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

(d)
‘continental zone’ means a zone consisting of either:(i)a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or(ii)a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.The size and the geographical situation of the continental zone must be such that the possibilities for recontamination e.g. by migrating fish are reduced to a minimum;
(i)
a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or
(ii)
a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.

(i)
a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or

(ii)
a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.

(i)
a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or

(ii)
a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.

(e)
‘designated farm’ means either:(i)a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or(ii)an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;
(i)
a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or
(ii)
an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;

(i)
a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or

(ii)
an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;

(i)
a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or

(ii)
an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;

(f)
‘establishment’ means: any premises approved according to Directive 91/493/EEC, where fishery products are prepared, processed, chilled, frozen, packaged or stored, but excluding auction and wholesale markets in which only display and sale by wholesale takes place;

(g)
‘farming’ means: the activity that takes place on any farm or, in general, any geographically defined installation in which fish are reared or kept with a view to their being placed on the market;

(h)
‘fish products of aquaculture origin’ means any products intended for human consumption derived from fish of aquaculture origin, including whole fish (un-eviscerated), eviscerated fish, and filets, and any products thereof;

(i)
‘further processing’ means preparation and processing before human consumption by any kind of measures and techniques, that produces waste or byproducts which could cause a risk of spreading diseases, including: operations affecting the anatomical wholeness such as bleeding, gutting/evisceration, heading, slicing, filleting;

(j)
‘immediate human consumption’ means that the fish imported for the purpose of human consumption do not undergo any further processing within the Community before being placed on the retail market for human consumption;

(k)
‘put and take fisheries’ means ponds, lakes or unenclosed waters that are sustained by the introduction of fish primarily for recreational fishing rather than for conservation or improvement of natural population;

(l)
‘territory’ means either a whole country, a coastal zone, a continental zone or a designated farm, which is authorised by the central competent authority of the third country concerned for exportation to the Community.

(a)
the fish originate in a territory listed in Annex I;

(b)
the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex II, taking into account the explanatory notes in Annex III;

(c)
the fish have been transported under conditions not altering their health status.

(a)
the consignment comply with the rules laid down in paragraph 1;

(b)
the put and take fishery do not represent lakes or unenclosed waters.

(a)
the consignment complies with the conditions laid down in Article 3 paragraph 1 and Article 7 paragraph 1 of this Decision; or

(b)
the fish are sent directly to an approved import centre to be slaughtered and eviscerated.

(a)
the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under that Directive; and

(b)
the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex IV, taking into account the explanatory notes in Annex III.

(a)
the fish are eviscerated before dispatch; or

(b)
the place of origin has a health status equivalent to the place where they are to be processed in particular as regards epizootic haematopoietic necrosis (EHN) and the diseases referred to in lists I and II, column 1, of Annex A to Directive 91/67/EEC.

(a)
the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under that Directive;

(b)
the consignment complies with the guarantees, including those for packaging and labelling as laid down in the animal health certificate, drawn up in conformity with the model in Annex V, taking into account the explanatory notes in Annex III;

(c)
the consignment consists of consumer-ready packages of a size suitable for retail sale directly to the end consumer, like(i)vacuum packed filets,(ii)hermetically sealed or other heat-treated products,(iii)frozen blocks of fish meat,(iv)eviscerated fish frozen or placed on ice.
(i)
vacuum packed filets,
(ii)
hermetically sealed or other heat-treated products,
(iii)
frozen blocks of fish meat,
(iv)
eviscerated fish frozen or placed on ice.

(i)
vacuum packed filets,

(ii)
hermetically sealed or other heat-treated products,

(iii)
frozen blocks of fish meat,

(iv)
eviscerated fish frozen or placed on ice.

(i)
vacuum packed filets,

(ii)
hermetically sealed or other heat-treated products,

(iii)
frozen blocks of fish meat,

(iv)
eviscerated fish frozen or placed on ice.

1.
Member States shall only approve establishments as import centres for further processing of imported live fish of aquaculture origin and products thereof provided that the conditions at the import centre are such that risks of contamination of fish in Community waters, with pathogens capable of causing significant impact to fish stock, via discharges or other waste, or by other means, are avoided.

2.
Establishments approved as ‘approved import centre’, must not be allowed to move live fish out of the establishment.

3.
In addition to the appropriate public health provisions laid down under Directive 91/493/EEC for any establishments, as well as health rules laid down by Community legislation concerning animal by-products not intended for human consumption, the minimum animal health conditions as laid down below, shall apply.

1.
Approved import centres must be open to inspection and control by the competent authority at all times.

2.
Approved import centres must have an efficient disease control, and monitoring system; in application of Council Directive 93/53/EEC, cases of suspected disease and mortality shall be investigated by the competent authority; the necessary analysis and treatment must be carried out in consultation with and under the control of the competent authority, taking into consideration the requirement in Article 3(1)(a) of Directive 91/67/EEC.

3.
Approved import centres must apply a management system, approved by the competent authority, including hygiene and disposal routines for transports, transport containers, facilities, and equipment. The guidelines laid down for disinfection of fish farms in the OIE International Aquatic Animal Health Code, Sixth Edition, 2003, Appendix 5.2.2, should be followed. The disinfectants used must be approved for the purpose by the competent authority and appropriate equipment must be available for cleaning and disinfection. Discharges of by-products and other waste materials including dead fish and their products must be carried out in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council(1). The management system at the approved import centre shall be such that risks of contamination of fish in Community waters with pathogens capable of causing significant impact to fish stock, in particular as regards pathogens exotic to the Community and the fish pathogens referred to in list I and II, column 1, of Annex A to Directive 91/67/EEC, are avoided.

4.
Approved import centres must keep an updated record of: observed mortality; and of all the live fish, eggs and gametes entering the centre and products leaving the centre including their source, their suppliers and their destination. The record should be open to scrutiny by the competent authority at all times.

5.
Approved import centres must be cleaned and disinfected regularly in accordance with the programme described in point 3 above.

6.
Only authorised persons may enter approved import centres and must wear protective clothing including appropriate footwear.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), as last amended by Council Regulation (EC) No 806/2003 (2), and in particular Article 19(1), Article 20(1) and Article 21(2) thereof,

Whereas:

(1)

A list of third countries or parts thereof, from which Member States are authorised to import live fish, their eggs and gametes for farming in the Community, should be established.

(2)

It is necessary to lay down specific animal health conditions and model certificates for those third countries, taking into account the animal health situation of the third country concerned and of the fish, eggs or gametes to be imported, in order to prevent the introduction of disease agents that could cause significant impact to the fish stock in the Community.

(3)

Attention should be paid to emerging diseases and diseases which are exotic to the Community and which could have serious impact on the fish stocks in the Community. Furthermore, the vaccination policy and the disease situation as regards epizootic haematopoietic necrosis (EHN) and the fish diseases referred to in Annex A to Directive 91/67/EEC, at the place or production and where appropriate at the place of destination should be taken into account.

(4)

It is necessary that countries or parts thereof from which Member States are authorised to import live fish, their eggs and gametes for farming, must apply conditions for disease control, and monitoring at least equivalent to Community standards as laid down in Directive 91/67/EEC and in Council Directive 93/53/EC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases (3), as last amended by Commission Decision 2001/288/EC (4). The sampling and testing methods used should be at least equivalent to Commission Decision 2001/183/EC (5) of 22 February 2001 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases and repealing Decision 92/532/EEC, and Commission Decision 2003/466/EC (6) of 13 June 2003 establishing criteria for zoning and official surveillance following suspicion or confirmation of the presence of Infectious salmon anaemia (ISA). In cases where sampling and testing methods are not laid down in the Community legislation, the sampling and testing methods used should be in accordance with those laid down in the International Office of Epizootics (OIE) Manual of Diagnostic Tests for Aquatic Animals.

(5)

It is necessary that the responsible competent authorities of these third countries undertake to notify by fax, telegram or electronic mail, the Commission and the Member States within 24 hours, of any occurrence of epizootic haematopoietic necrosis (EHN), or diseases referred to in Annex A to Directive 91/67/EEC, as well as any other disease outbreaks causing a significant impact to the fish stock within their territory or parts thereof from which imports covered by this Decision are authorised. In such event, the responsible competent authorities of those third countries must take measures to prevent the disease spreading into the Community. Furthermore and as applicable, the Commission and the Member States should be notified of any alteration in the vaccination policy against such diseases.

(6)

In addition, when importing live fish of aquaculture origin and products thereof for human consumption, it is necessary to prevent the introduction into the Community of serious diseases affecting aquaculture animals.

(7)

Therefore, it is necessary to supplement the certification requirements relating to the importation of live fish of aquaculture origin and products thereof under Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (7), as last amended by Regulation (EC) No 806/2003, with the animal health certification requirements.

(8)

It would reduce the possibility to control and eradicate diseases which are exotic to the Community and which could have serious impact on the fish stocks in the Community, if fish that could carry the disease are released into unenclosed waters in the Community. Live fish, eggs and gametes of aquaculture origin, should therefore be imported into the Community only if they are introduced into a farm.

(9)

This Decision should not apply to the importation of tropical ornamental fish kept permanently in aquariums.

(10)

This Decision should apply without prejudice to the public health conditions established under Directive 91/493/EEC.

(11)

This Decision should apply without prejudice to Community or national provision on the conservation of species.

(12)

Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products (8) lays down standards of certification. The rules and principles applied by third-country certifying officers should provide guarantees, which are equivalent to those laid down in that Directive.

(13)

The principles laid down in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (9), in particular Article 3 of that Directive should be taken into account.

(14)

A transitional period of time should be provided for the implementation of the new import certification requirements.

(15)

The list of approved countries referred to in Annex I to this Decision should be reviewed no later than 12 months after the date of application.

(16)

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

HAS ADOPTED THIS DECISION:
Article 1

1.   This Decision establishes harmonised animal health rules for the importation of:

live fish, their eggs and gametes, intended for farming in the Community;

live fish of aquaculture origin intended for restocking of put-and take fisheries in the Community;

live fish of aquaculture origin and products thereof, intended for immediate human consumption or further processing before human consumption.

2.   This Decision shall not to apply to the importation of tropical ornamental fish kept permanently in aquariums.
Article 2

Definitions

1.   For the purpose of this Decision, the definitions in Article 2 of Directives 91/67/EEC and 93/53/EEC shall apply.

2.   The following definitions shall also apply:

‘aquaculture origin’ means fish originating from a farm;

‘approved import centre’ means any establishment in the Community where special bio-security measures have been put in place, approved by the competent authority of the Member State concerned, for further processing of imported live fish of aquaculture origin and products thereof;

‘coastal zone’ means a zone consisting of a part of the coast or sea water or an estuary:

which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or

which is situated between the mouths of two watercourses, or

where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

‘continental zone’ means a zone consisting of either:

a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or

a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.

The size and the geographical situation of the continental zone must be such that the possibilities for recontamination e.g. by migrating fish are reduced to a minimum;

‘designated farm’ means either:

a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or

an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;

‘establishment’ means: any premises approved according to Directive 91/493/EEC, where fishery products are prepared, processed, chilled, frozen, packaged or stored, but excluding auction and wholesale markets in which only display and sale by wholesale takes place;

‘farming’ means: the activity that takes place on any farm or, in general, any geographically defined installation in which fish are reared or kept with a view to their being placed on the market;

‘fish products of aquaculture origin’ means any products intended for human consumption derived from fish of aquaculture origin, including whole fish (un-eviscerated), eviscerated fish, and filets, and any products thereof;

‘further processing’ means preparation and processing before human consumption by any kind of measures and techniques, that produces waste or byproducts which could cause a risk of spreading diseases, including: operations affecting the anatomical wholeness such as bleeding, gutting/evisceration, heading, slicing, filleting;

‘immediate human consumption’ means that the fish imported for the purpose of human consumption do not undergo any further processing within the Community before being placed on the retail market for human consumption;

‘put and take fisheries’ means ponds, lakes or unenclosed waters that are sustained by the introduction of fish primarily for recreational fishing rather than for conservation or improvement of natural population;

‘territory’ means either a whole country, a coastal zone, a continental zone or a designated farm, which is authorised by the central competent authority of the third country concerned for exportation to the Community.
Article 3

Conditions for importation of live fish, their eggs and gametes intended for farming, and of live fish of aquaculture origin for restocking of put-and take fisheries, within the European Community

1.   Member States shall authorise the importation into their territory live fish, their eggs and gametes for farming only if:

the fish originate in a territory listed in Annex I;

the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex II, taking into account the explanatory notes in Annex III;

the fish have been transported under conditions not altering their health status.

2.   Member States shall authorise the importation into their territory live fish of aquaculture origin, their eggs and gametes intended for direct restocking of put-and take fisheries only if:

the consignment comply with the rules laid down in paragraph 1;

the put and take fishery do not represent lakes or unenclosed waters.

3.   Member States shall ensure that imported fish of aquaculture origin, their eggs and gametes intended for farming or restocking of put-and take fisheries in Community waters, only are introduced into farms or put-and take fisheries representing ponds, and not introduced into unenclosed waters.

4.   Member States shall ensure that imported live fish or aquaculture origin, their eggs and gametes are transported directly to the farm or pond of destination, as stated on the animal health certificate.
Article 4

Conditions related to importation of live fish of aquaculture origin for human consumption

Member States shall authorise the importation into their territory live fish of aquaculture origin intended for immediate human consumption or for further processing before human consumption, only if:

the consignment complies with the conditions laid down in Article 3 paragraph 1 and Article 7 paragraph 1 of this Decision; or

the fish are sent directly to an approved import centre to be slaughtered and eviscerated.
Article 5

Conditions related to importation of fish products of aquaculture origin for further processing before human consumption

1.   Member States shall authorise the importation into their territory fish products of aquaculture origin intended for further processing before human consumption only if:

the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under that Directive; and

the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex IV, taking into account the explanatory notes in Annex III.

2.   Member States shall ensure that processing of fish products of aquaculture origin takes place in approved import centres unless:

the fish are eviscerated before dispatch; or

the place of origin has a health status equivalent to the place where they are to be processed in particular as regards epizootic haematopoietic necrosis (EHN) and the diseases referred to in lists I and II, column 1, of Annex A to Directive 91/67/EEC.
Article 6

Conditions related to importation of fish products of aquaculture origin for immediate human consumption

Member States shall authorise the importation into their territory of fish products of aquaculture origin intended for immediate human consumption only if:

the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under that Directive;

the consignment complies with the guarantees, including those for packaging and labelling as laid down in the animal health certificate, drawn up in conformity with the model in Annex V, taking into account the explanatory notes in Annex III;

the consignment consists of consumer-ready packages of a size suitable for retail sale directly to the end consumer, like

vacuum packed filets,

hermetically sealed or other heat-treated products,

frozen blocks of fish meat,

eviscerated fish frozen or placed on ice.
Article 7

Certification

1.   In the case of live fish, their eggs and gametes, the competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in Annex of Commission Decision 92/527/EEC (10) with one of the statements laid down in Annex VI to this Decision as appropriate.

2.   In the case of fish products of aquaculture origin, the competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in Annex B to Commission Decision 93/13/EEC (11) with one of the statements laid down in Annex VI of this Decision as appropriate.
Article 8

Preventing contamination of natural waters

1.   Member States shall ensure that imported live fish of aquaculture origin and products thereof intended for human consumption are not introduced into, and do not contaminate any natural waters within their territory.

2.   Members States shall ensure that transport water from imported consignments does not lead to contamination of natural waters within their territory.
Article 9

Approval of import centres

1.   The competent authority of the Member States shall approve an establishment as an approved import centre provided that it satisfies the minimum animal health conditions of Annex VII to this Decision.

2.   The competent authority of the Member State shall draw up a list of approved import centres, each of which shall be given an official number.

3.   The list of approved import centres, and any subsequent amendments thereto, shall be communicated by the competent authority of each Member State to the Commission and to the other Member States.
Article 10

Date of application

This Decision shall apply from 1 May 2004.
Article 11

This Decision is addressed to the Member States.

Done at Brussels, 21 November 2003.

For the Commission

David BYRNE

Member of the Commission

(1)  OJ L 46, 19.2.1991, p. 1.

(2)  OJ L 122, 16.5.2003, p. 1.

(3)  OJ L 175, 19.7.1993, p. 23.

(4)  OJ L 99, 10.4.2001, p. 11.

(5)  OJ L 67, 9.3.2001, p. 65.

(6)  OJ L 156, 25.6.2003, p. 61.

(7)  OJ L 268, 24.9.1991, p. 15.

(8)  OJ L 13, 16.1.1997, p. 28.

(9)  OJ L 18, 23.1.2003, p. 11.

(10)  OJ L 332, 18.11.1992, p. 22.

(11)  OJ L 9, 15.1.1993, p. 33.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), as last amended by Council Regulation (EC) No 806/2003 (2), and in particular Article 19(1), Article 20(1) and Article 21(2) thereof,

Whereas:

(1)

A list of third countries or parts thereof, from which Member States are authorised to import live fish, their eggs and gametes for farming in the Community, should be established.

(2)

It is necessary to lay down specific animal health conditions and model certificates for those third countries, taking into account the animal health situation of the third country concerned and of the fish, eggs or gametes to be imported, in order to prevent the introduction of disease agents that could cause significant impact to the fish stock in the Community.

(3)

Attention should be paid to emerging diseases and diseases which are exotic to the Community and which could have serious impact on the fish stocks in the Community. Furthermore, the vaccination policy and the disease situation as regards epizootic haematopoietic necrosis (EHN) and the fish diseases referred to in Annex A to Directive 91/67/EEC, at the place or production and where appropriate at the place of destination should be taken into account.

(4)

It is necessary that countries or parts thereof from which Member States are authorised to import live fish, their eggs and gametes for farming, must apply conditions for disease control, and monitoring at least equivalent to Community standards as laid down in Directive 91/67/EEC and in Council Directive 93/53/EC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases (3), as last amended by Commission Decision 2001/288/EC (4). The sampling and testing methods used should be at least equivalent to Commission Decision 2001/183/EC (5) of 22 February 2001 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases and repealing Decision 92/532/EEC, and Commission Decision 2003/466/EC (6) of 13 June 2003 establishing criteria for zoning and official surveillance following suspicion or confirmation of the presence of Infectious salmon anaemia (ISA). In cases where sampling and testing methods are not laid down in the Community legislation, the sampling and testing methods used should be in accordance with those laid down in the International Office of Epizootics (OIE) Manual of Diagnostic Tests for Aquatic Animals.

(5)

It is necessary that the responsible competent authorities of these third countries undertake to notify by fax, telegram or electronic mail, the Commission and the Member States within 24 hours, of any occurrence of epizootic haematopoietic necrosis (EHN), or diseases referred to in Annex A to Directive 91/67/EEC, as well as any other disease outbreaks causing a significant impact to the fish stock within their territory or parts thereof from which imports covered by this Decision are authorised. In such event, the responsible competent authorities of those third countries must take measures to prevent the disease spreading into the Community. Furthermore and as applicable, the Commission and the Member States should be notified of any alteration in the vaccination policy against such diseases.

(6)

In addition, when importing live fish of aquaculture origin and products thereof for human consumption, it is necessary to prevent the introduction into the Community of serious diseases affecting aquaculture animals.

(7)

Therefore, it is necessary to supplement the certification requirements relating to the importation of live fish of aquaculture origin and products thereof under Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (7), as last amended by Regulation (EC) No 806/2003, with the animal health certification requirements.

(8)

It would reduce the possibility to control and eradicate diseases which are exotic to the Community and which could have serious impact on the fish stocks in the Community, if fish that could carry the disease are released into unenclosed waters in the Community. Live fish, eggs and gametes of aquaculture origin, should therefore be imported into the Community only if they are introduced into a farm.

(9)

This Decision should not apply to the importation of tropical ornamental fish kept permanently in aquariums.

(10)

This Decision should apply without prejudice to the public health conditions established under Directive 91/493/EEC.

(11)

This Decision should apply without prejudice to Community or national provision on the conservation of species.

(12)

Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products (8) lays down standards of certification. The rules and principles applied by third-country certifying officers should provide guarantees, which are equivalent to those laid down in that Directive.

(13)

The principles laid down in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (9), in particular Article 3 of that Directive should be taken into account.

(14)

A transitional period of time should be provided for the implementation of the new import certification requirements.

(15)

The list of approved countries referred to in Annex I to this Decision should be reviewed no later than 12 months after the date of application.

(16)

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

HAS ADOPTED THIS DECISION:
1.   This Decision establishes harmonised animal health rules for the importation of:

live fish, their eggs and gametes, intended for farming in the Community;

live fish of aquaculture origin intended for restocking of put-and take fisheries in the Community;

live fish of aquaculture origin and products thereof, intended for immediate human consumption or further processing before human consumption.

2.   This Decision shall not to apply to the importation of tropical ornamental fish kept permanently in aquariums.
Definitions

1.   For the purpose of this Decision, the definitions in Article 2 of Directives 91/67/EEC and 93/53/EEC shall apply.

2.   The following definitions shall also apply:

‘aquaculture origin’ means fish originating from a farm;

‘approved import centre’ means any establishment in the Community where special bio-security measures have been put in place, approved by the competent authority of the Member State concerned, for further processing of imported live fish of aquaculture origin and products thereof;

‘coastal zone’ means a zone consisting of a part of the coast or sea water or an estuary:

which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or

which is situated between the mouths of two watercourses, or

where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

‘continental zone’ means a zone consisting of either:

a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or

a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.

The size and the geographical situation of the continental zone must be such that the possibilities for recontamination e.g. by migrating fish are reduced to a minimum;

‘designated farm’ means either:

a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or

an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;

‘establishment’ means: any premises approved according to Directive 91/493/EEC, where fishery products are prepared, processed, chilled, frozen, packaged or stored, but excluding auction and wholesale markets in which only display and sale by wholesale takes place;

‘farming’ means: the activity that takes place on any farm or, in general, any geographically defined installation in which fish are reared or kept with a view to their being placed on the market;

‘fish products of aquaculture origin’ means any products intended for human consumption derived from fish of aquaculture origin, including whole fish (un-eviscerated), eviscerated fish, and filets, and any products thereof;

‘further processing’ means preparation and processing before human consumption by any kind of measures and techniques, that produces waste or byproducts which could cause a risk of spreading diseases, including: operations affecting the anatomical wholeness such as bleeding, gutting/evisceration, heading, slicing, filleting;

‘immediate human consumption’ means that the fish imported for the purpose of human consumption do not undergo any further processing within the Community before being placed on the retail market for human consumption;

‘put and take fisheries’ means ponds, lakes or unenclosed waters that are sustained by the introduction of fish primarily for recreational fishing rather than for conservation or improvement of natural population;

‘territory’ means either a whole country, a coastal zone, a continental zone or a designated farm, which is authorised by the central competent authority of the third country concerned for exportation to the Community.
Conditions for importation of live fish, their eggs and gametes intended for farming, and of live fish of aquaculture origin for restocking of put-and take fisheries, within the European Community

1.   Member States shall authorise the importation into their territory live fish, their eggs and gametes for farming only if:

the fish originate in a territory listed in Annex I;

the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex II, taking into account the explanatory notes in Annex III;

the fish have been transported under conditions not altering their health status.

2.   Member States shall authorise the importation into their territory live fish of aquaculture origin, their eggs and gametes intended for direct restocking of put-and take fisheries only if:

the consignment comply with the rules laid down in paragraph 1;

the put and take fishery do not represent lakes or unenclosed waters.

3.   Member States shall ensure that imported fish of aquaculture origin, their eggs and gametes intended for farming or restocking of put-and take fisheries in Community waters, only are introduced into farms or put-and take fisheries representing ponds, and not introduced into unenclosed waters.

4.   Member States shall ensure that imported live fish or aquaculture origin, their eggs and gametes are transported directly to the farm or pond of destination, as stated on the animal health certificate.
Conditions related to importation of live fish of aquaculture origin for human consumption

Member States shall authorise the importation into their territory live fish of aquaculture origin intended for immediate human consumption or for further processing before human consumption, only if:

the consignment complies with the conditions laid down in Article 3 paragraph 1 and Article 7 paragraph 1 of this Decision; or

the fish are sent directly to an approved import centre to be slaughtered and eviscerated.
Conditions related to importation of fish products of aquaculture origin for further processing before human consumption

1.   Member States shall authorise the importation into their territory fish products of aquaculture origin intended for further processing before human consumption only if:

the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under that Directive; and

the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex IV, taking into account the explanatory notes in Annex III.

2.   Member States shall ensure that processing of fish products of aquaculture origin takes place in approved import centres unless:

the fish are eviscerated before dispatch; or

the place of origin has a health status equivalent to the place where they are to be processed in particular as regards epizootic haematopoietic necrosis (EHN) and the diseases referred to in lists I and II, column 1, of Annex A to Directive 91/67/EEC.
Conditions related to importation of fish products of aquaculture origin for immediate human consumption

Member States shall authorise the importation into their territory of fish products of aquaculture origin intended for immediate human consumption only if:

the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under that Directive;

the consignment complies with the guarantees, including those for packaging and labelling as laid down in the animal health certificate, drawn up in conformity with the model in Annex V, taking into account the explanatory notes in Annex III;

the consignment consists of consumer-ready packages of a size suitable for retail sale directly to the end consumer, like

vacuum packed filets,

hermetically sealed or other heat-treated products,

frozen blocks of fish meat,

eviscerated fish frozen or placed on ice.
Certification

1.   In the case of live fish, their eggs and gametes, the competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in Annex of Commission Decision 92/527/EEC (10) with one of the statements laid down in Annex VI to this Decision as appropriate.

2.   In the case of fish products of aquaculture origin, the competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in Annex B to Commission Decision 93/13/EEC (11) with one of the statements laid down in Annex VI of this Decision as appropriate.
Preventing contamination of natural waters

1.   Member States shall ensure that imported live fish of aquaculture origin and products thereof intended for human consumption are not introduced into, and do not contaminate any natural waters within their territory.

2.   Members States shall ensure that transport water from imported consignments does not lead to contamination of natural waters within their territory.
Approval of import centres

1.   The competent authority of the Member States shall approve an establishment as an approved import centre provided that it satisfies the minimum animal health conditions of Annex VII to this Decision.

2.   The competent authority of the Member State shall draw up a list of approved import centres, each of which shall be given an official number.

3.   The list of approved import centres, and any subsequent amendments thereto, shall be communicated by the competent authority of each Member State to the Commission and to the other Member States.
Date of application

This Decision shall apply from 1 May 2004.
This Decision is addressed to the Member States.

Done at Brussels, 21 November 2003.

For the Commission

David BYRNE

Member of the Commission

(1)  OJ L 46, 19.2.1991, p. 1.

(2)  OJ L 122, 16.5.2003, p. 1.

(3)  OJ L 175, 19.7.1993, p. 23.

(4)  OJ L 99, 10.4.2001, p. 11.

(5)  OJ L 67, 9.3.2001, p. 65.

(6)  OJ L 156, 25.6.2003, p. 61.

(7)  OJ L 268, 24.9.1991, p. 15.

(8)  OJ L 13, 16.1.1997, p. 28.

(9)  OJ L 18, 23.1.2003, p. 11.

(10)  OJ L 332, 18.11.1992, p. 22.

(11)  OJ L 9, 15.1.1993, p. 33.
Statements to be issued by the competent authority at the border inspection post to complete the document referred to in the Annex to Decision 92/527/EEC or in the Annex B of Decision 93/13/EEC

The competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in the Annex of Decision 92/527/EEC or of Annex B of Decision 93/13/EEC with one of the following statements as appropriate:

A.   Statements to be added to the document referred to in the Annex of Decision 92/527/EEC as regards live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin for restocking of put-and take fisheries, in the European Community

‘(Live fish) (1) (and) (1) (Eggs) (1) (and) (1) (Gametes) (1) certified for farming in European Community zones and farms except those with a Community approved programme or status, additional guarantees or protective measures with regard to: viral haemorrhagic septicaemia (VHS), and infectious haematopoietic necrosis (IHN), and spring viraemia of carp (SVC), and Gyrodactylus salaris.’

‘Live fish of aquaculture origin certified for restocking of put-and take fisheries in European Community zones and farms except those with a Community approved programme or status, additional guarantees or protective measures with regard to: viral haemorrhagic septicaemia (VHS), and infectious haematopoietic necrosis (IHN), and spring viraemia of carp (SVC), and Gyrodactylus salaris.’

‘(Live fish) (1) (and) (1) (Eggs) (1) (and) (1) (Gametes) (1) certified for farming in European Community zones and farms including those with a Community approved programme or status, additional guarantees or protective measures with regard to: (viral haemorrhagic septicaemia (VHS)) (1) (and) (1) (infectious haematopoietic necrosis (IHN)) (1) (and) (1) (spring viraemia of carp (SVC)) (1) (and) (1) (Gyrodactylus salaris) (1).’

‘Live fish of aquaculture origin certified for restocking of put-and take fisheries in European Community zones and farms including those with a Community approved programme or status, additional guarantees or protective measures with regard to: (viral haemorrhagic septicaemia (VHS)) (1) (and) (1) (infectious haematopoietic necrosis (IHN)) (1) (and) (1) (spring viraemia of carp (SVC)) (1) (and) (1) (Gyrodactylus salaris) (1).’

B.   Statements to be added to the document referred to in the Annex B of Decision 93/13/EEC as regards fish products of aquaculture origin intended for human consumption

‘Uneviscerated fish products of aquaculture origin certified for export to the European Community (except to zones with Community approved status as regards (VHS) (2) (and) (3) (IHN) (4)) (5), for further processing (in approved import centres) (6) before human consumption.’

‘Eviscerated fish products of aquaculture origin certified for export to the European Community, for further processing before human consumption.’

‘Fish products of aquaculture origin certified for export to the European Community for immediate human consumption.’
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Minimum animal health conditions for the approval of ‘approved import centres’ for processing of fish of aquaculture origin

A.   General provisions

1.

Member States shall only approve establishments as import centres for further processing of imported live fish of aquaculture origin and products thereof provided that the conditions at the import centre are such that risks of contamination of fish in Community waters, with pathogens capable of causing significant impact to fish stock, via discharges or other waste, or by other means, are avoided.

2.

Establishments approved as ‘approved import centre’, must not be allowed to move live fish out of the establishment.

3.

In addition to the appropriate public health provisions laid down under Directive 91/493/EEC for any establishments, as well as health rules laid down by Community legislation concerning animal by-products not intended for human consumption, the minimum animal health conditions as laid down below, shall apply.

B.   Management provisions

1.

Approved import centres must be open to inspection and control by the competent authority at all times.

2.

Approved import centres must have an efficient disease control, and monitoring system; in application of Council Directive 93/53/EEC, cases of suspected disease and mortality shall be investigated by the competent authority; the necessary analysis and treatment must be carried out in consultation with and under the control of the competent authority, taking into consideration the requirement in Article 3(1)(a) of Directive 91/67/EEC.

3.

Approved import centres must apply a management system, approved by the competent authority, including hygiene and disposal routines for transports, transport containers, facilities, and equipment. The guidelines laid down for disinfection of fish farms in the OIE International Aquatic Animal Health Code, Sixth Edition, 2003, Appendix 5.2.2, should be followed. The disinfectants used must be approved for the purpose by the competent authority and appropriate equipment must be available for cleaning and disinfection. Discharges of by-products and other waste materials including dead fish and their products must be carried out in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council (1). The management system at the approved import centre shall be such that risks of contamination of fish in Community waters with pathogens capable of causing significant impact to fish stock, in particular as regards pathogens exotic to the Community and the fish pathogens referred to in list I and II, column 1, of Annex A to Directive 91/67/EEC, are avoided.

4.

Approved import centres must keep an updated record of: observed mortality; and of all the live fish, eggs and gametes entering the centre and products leaving the centre including their source, their suppliers and their destination. The record should be open to scrutiny by the competent authority at all times.

5.

Approved import centres must be cleaned and disinfected regularly in accordance with the programme described in point 3 above.

6.

Only authorised persons may enter approved import centres and must wear protective clothing including appropriate footwear.

(1)  OJ L 273, 10.10.2002, p. 1.

Pending: 32003D0828

                                January 15, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Article 8(2)(d), Article 8(3), Article 9(1)(c), and the third paragraph of Article 19 thereof,Whereas:(1) Commission Decision 2003/218/EC of 27 March 2003 on protection and surveillance zones in relation to bluetongue and on rules applicable to movements of animals in and from those zones and repealing Decision 2001/783/EC(2), as amended by Decision 2003/535/EC(3), was adopted in the light of the bluetongue situation prevailing in the early months of 2003. That Decision demarcates protection and surveillance zones corresponding to specific epidemiological situations and lays down the conditions for providing exemptions from the ban on the movements of animals in and from those zones.(2) In view of the evolution of the situation, and in particular the isolation of a new serotype in Sardinia and Corsica (serotype 4) and a new incursion of serotype 2 in the Balearic Islands, the global geographic areas where protection and surveillance zones are to be established should be reconsidered.(3) Five global “restriction zones” should be distinguished on the basis of the serotype(s) isolated: Balearic Islands and northern continental Italy (serotype 2 only), Sardinia and Corsica (serotypes 2 and 4), southern continental Italy (serotypes 2 and 9 and to a lesser extent 4 and 16), and two zones for Greece where different serotypes have been isolated in different localities during the previous years.(4) Pursuant to a request made by Greece, it is appropriate to establish a distinction between the continental part of the territory of that Member State, from which exemptions from the exit ban may be implemented with regard to intra-Community trade, and the rest of the territory where such exemptions should be limited to domestic movements only.(5) In view of the prohibition of vaccination in surveillance zones laid down in Directive 2000/75/EC, and of the evolution of the epidemiological situation on the ground, it is appropriate to leave the demarcation between protection and surveillance zones to be decided by the competent authority of the Member States concerned.(6) Exemptions from the exit ban applicable to movements of animals from protection and surveillance zones should be authorised on a risk-analysis approach taking into account the data collected through the surveillance programme on the virus activity at the place of origin, the destination of the animals, and their vaccination status.(7) It is appropriate to provide for the conditions under which the transit of animals through the protection and surveillance zones should take place.(8) For the sake of clarity of Community legislation it is appropriate to repeal Decision 2003/218/EC and to replace it by this Decision.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Article 1

Subject matter

The purpose of this Decision is to demarcate the global geographic areas where protection and surveillance zones (“restricted zones”) shall be established by the Member states as provided for in Article 8(1) of Directive 2000/75/EC.

Its purpose is also to set out the conditions for exempting from the exit ban laid down in Article 9(1)(c) and Article 10(1) of Directive 2000/75/EC (the exit ban) certain movements of animals, their sperm, ova and embryos, from those zones and through those zones (transit).

This Decision does not affect movements inside a restricted zone as laid down in Article 2.
Article 2

Demarcation of restricted zones

1. Restricted zones A, B, C, D and E shall be demarcated as set out in Annex I.

Exemptions from the exit ban for those zones shall only take place in accordance with the conditions laid down in this Decision.

2. In the case of Greece, the exit ban shall apply for domestic movements from zone E to zone D only as set out in Annex I.
Article 3

Exemption from the exit ban for domestic movements

1. Domestic dispatches of animals, their sperm ova and embryos, from a restricted zone set out in Annex I shall be exempted from the exit ban only if the animals, their sperm ova and embryos comply with the conditions set out in Annex II or, in the case of France and Italy that they comply with paragraph 2 or in the case of Greece that they comply with paragraph 3.

2. In France and Italy, for the areas where the vaccination has been completed according to the programme adopted by the competent authority of the Member State concerned, as identified in Annex I, domestic dispatches as provided for in paragraph 1 shall be also exempted from the exit ban by the competent authority, if:

(a) the surveillance programme in an epidemiologically relevant area of origin has proved the cessation of bluetongue virus circulation for more than 100 days before the date of dispatch; or

(b) the vector surveillance programme in an epidemiologically relevant area of destination has proved the cessation of adult Culicoides activity;

(c) the animals have been vaccinated more than 30 days and less than a year before the date of dispatch against the serotype(s) circulating in an epidemiologically relevant area of origin.

3. In Greece domestic dispatches as provided for in paragraph 1 shall also be exempted from the exit ban by the competent authority if:

(a) the animals have been serologically tested (BT ELISA or AGID) with a negative result within 72 hours prior to time of dispatch; and

(b) the animals have been sprayed with insect repellent with a remnant effect of more than four days on the occasion of the sampling.

4. A channelling procedure shall be set up, under the control of the competent authority, preventing any further movement to another Member State of animals moved under the conditions provided for in this Article.
Article 4

Exemption from the exit ban for domestic movements for slaughter

Dispatches of animals from a restricted zone for immediate slaughter within one Member State may be exempted from the exit ban by the competent authority if:

(a) a case-by-case risk assessment on the possible contact between animals and the vectors during transport to the slaughterhouse is made, taking into consideration:

(i) the data available through the surveillance programme on the vector’s activity;

(ii) the distance from the point of entry in the non-restricted zone to the slaughterhouse;

(iii) the entomological data on the route referred to in point (ii);

(iv) the period of the day during which the transport takes place in relation to the hours of activity of the vectors;

(v) the possible use of insecticides in compliance with Council Directive 96/23/EC(4);

(b) the animals to be moved do not show any sign of bluetongue on the day of transport;

(c) the animals are transported in vehicles sealed by the competent authority and directly to the slaughterhouse for the purpose of immediate slaughter, under official supervision;

(d) the competent authority responsible for the slaughterhouse is informed of the intention to send animals to it and notifies the dispatching competent authority of their arrival.
Article 5

Exemption from the exit ban for animals leaving the restricted zones for intra-Community trade

1. Dispatches of animals, their sperm ova and embryos, from restricted zones A, B, C and D as set out in Annex I shall be exempted from the exit ban for intra-Community trade by the competent authority only if:

(a) the animals, their sperm ova and embryos comply with the conditions laid down in Article 3; and

(b) the Member State of destination gives its prior approval.

2. The Member State of origin availing itself of the exemption provided for in paragraph 1 shall ensure that the following additional wording is added to the corresponding health certificates laid down in Council Directives 64/432/EEC(5), 88/407/EEC(6), 89/556/EEC(7), 91/68/EEC(8) and 92/65/EEC(9):

“animals/semen/ova/embryos(10) in compliance with Decision 2003/828/EC.”
Article 6

Transit of animals through a restricted zone

1. The transit of animals dispatched from an area of the Community outside the restricted zones set out in Annex I through a restricted zone set out in that Annex, shall be authorised if an insecticide treatment of the animals and of the means of transport be carried out at the place of loading or in any case prior to entering the restricted zone.

When during transit through a restricted zone, a rest period is foreseen in a staging post, an insecticide treatment shall be carried out in order to protect animals from any attack by vectors.

2. In case of intra-Community trade, the transit shall be subject to the authorisation of the competent authorities of the Member State of transit and the Member State of destination, and the following additional wording shall be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Insecticide treatment with (name of the product) on (date) at (time) in conformity with Decision 2003/828/EC.”
Article 7

Implementation measures

The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Article 8

Decision 2003/218/EC is repealed. References made to the repealed Decision shall be construed as references to this Decision.
Article 9

Applicability

This Decision shall apply from 17 December 2003.
Article 10

This Decision is addressed to the Member States.

Done at Brussels, 25 November 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74.

(2) OJ L 82, 29.3.2003, p. 35.

(3) OJ L 184, 23.7.2003, p. 40.

(4) OJ L 125, 23.5.1996, p. 10.

(5) OJ 121, 29.7.1964, p. 1977.

(6) OJ L 194, 22.7.1988, p. 10.

(7) OJ L 302, 19.10.1989, p. 1.

(8) OJ L 46, 19.2.1991, p. 19.

(9) OJ L 268, 14.9.1992, p. 54.

(10) Delete as appropriate.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Article 8(2)(d), Article 8(3), Article 9(1)(c), and the third paragraph of Article 19 thereof,Whereas:(1) Commission Decision 2003/218/EC of 27 March 2003 on protection and surveillance zones in relation to bluetongue and on rules applicable to movements of animals in and from those zones and repealing Decision 2001/783/EC(2), as amended by Decision 2003/535/EC(3), was adopted in the light of the bluetongue situation prevailing in the early months of 2003. That Decision demarcates protection and surveillance zones corresponding to specific epidemiological situations and lays down the conditions for providing exemptions from the ban on the movements of animals in and from those zones.(2) In view of the evolution of the situation, and in particular the isolation of a new serotype in Sardinia and Corsica (serotype 4) and a new incursion of serotype 2 in the Balearic Islands, the global geographic areas where protection and surveillance zones are to be established should be reconsidered.(3) Five global “restriction zones” should be distinguished on the basis of the serotype(s) isolated: Balearic Islands and northern continental Italy (serotype 2 only), Sardinia and Corsica (serotypes 2 and 4), southern continental Italy (serotypes 2 and 9 and to a lesser extent 4 and 16), and two zones for Greece where different serotypes have been isolated in different localities during the previous years.(4) Pursuant to a request made by Greece, it is appropriate to establish a distinction between the continental part of the territory of that Member State, from which exemptions from the exit ban may be implemented with regard to intra-Community trade, and the rest of the territory where such exemptions should be limited to domestic movements only.(5) In view of the prohibition of vaccination in surveillance zones laid down in Directive 2000/75/EC, and of the evolution of the epidemiological situation on the ground, it is appropriate to leave the demarcation between protection and surveillance zones to be decided by the competent authority of the Member States concerned.(6) Exemptions from the exit ban applicable to movements of animals from protection and surveillance zones should be authorised on a risk-analysis approach taking into account the data collected through the surveillance programme on the virus activity at the place of origin, the destination of the animals, and their vaccination status.(7) It is appropriate to provide for the conditions under which the transit of animals through the protection and surveillance zones should take place.(8) For the sake of clarity of Community legislation it is appropriate to repeal Decision 2003/218/EC and to replace it by this Decision.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Subject matter

The purpose of this Decision is to demarcate the global geographic areas where protection and surveillance zones (“restricted zones”) shall be established by the Member states as provided for in Article 8(1) of Directive 2000/75/EC.

Its purpose is also to set out the conditions for exempting from the exit ban laid down in Article 9(1)(c) and Article 10(1) of Directive 2000/75/EC (the exit ban) certain movements of animals, their sperm, ova and embryos, from those zones and through those zones (transit).

This Decision does not affect movements inside a restricted zone as laid down in Article 2.
Demarcation of restricted zones

1. Restricted zones A, B, C, D and E shall be demarcated as set out in Annex I.

Exemptions from the exit ban for those zones shall only take place in accordance with the conditions laid down in this Decision.

2. In the case of Greece, the exit ban shall apply for domestic movements from zone E to zone D only as set out in Annex I.
Exemption from the exit ban for domestic movements

1. Domestic dispatches of animals, their sperm ova and embryos, from a restricted zone set out in Annex I shall be exempted from the exit ban only if the animals, their sperm ova and embryos comply with the conditions set out in Annex II or, in the case of France and Italy that they comply with paragraph 2 or in the case of Greece that they comply with paragraph 3.

2. In France and Italy, for the areas where the vaccination has been completed according to the programme adopted by the competent authority of the Member State concerned, as identified in Annex I, domestic dispatches as provided for in paragraph 1 shall be also exempted from the exit ban by the competent authority, if:

(a) the surveillance programme in an epidemiologically relevant area of origin has proved the cessation of bluetongue virus circulation for more than 100 days before the date of dispatch; or

(b) the vector surveillance programme in an epidemiologically relevant area of destination has proved the cessation of adult Culicoides activity;

(c) the animals have been vaccinated more than 30 days and less than a year before the date of dispatch against the serotype(s) circulating in an epidemiologically relevant area of origin.

3. In Greece domestic dispatches as provided for in paragraph 1 shall also be exempted from the exit ban by the competent authority if:

(a) the animals have been serologically tested (BT ELISA or AGID) with a negative result within 72 hours prior to time of dispatch; and

(b) the animals have been sprayed with insect repellent with a remnant effect of more than four days on the occasion of the sampling.

4. A channelling procedure shall be set up, under the control of the competent authority, preventing any further movement to another Member State of animals moved under the conditions provided for in this Article.
Exemption from the exit ban for domestic movements for slaughter

Dispatches of animals from a restricted zone for immediate slaughter within one Member State may be exempted from the exit ban by the competent authority if:

(a) a case-by-case risk assessment on the possible contact between animals and the vectors during transport to the slaughterhouse is made, taking into consideration:

(i) the data available through the surveillance programme on the vector’s activity;

(ii) the distance from the point of entry in the non-restricted zone to the slaughterhouse;

(iii) the entomological data on the route referred to in point (ii);

(iv) the period of the day during which the transport takes place in relation to the hours of activity of the vectors;

(v) the possible use of insecticides in compliance with Council Directive 96/23/EC(4);

(b) the animals to be moved do not show any sign of bluetongue on the day of transport;

(c) the animals are transported in vehicles sealed by the competent authority and directly to the slaughterhouse for the purpose of immediate slaughter, under official supervision;

(d) the competent authority responsible for the slaughterhouse is informed of the intention to send animals to it and notifies the dispatching competent authority of their arrival.
Exemption from the exit ban for animals leaving the restricted zones for intra-Community trade

1. Dispatches of animals, their sperm ova and embryos, from restricted zones A, B, C and D as set out in Annex I shall be exempted from the exit ban for intra-Community trade by the competent authority only if:

(a) the animals, their sperm ova and embryos comply with the conditions laid down in Article 3; and

(b) the Member State of destination gives its prior approval.

2. The Member State of origin availing itself of the exemption provided for in paragraph 1 shall ensure that the following additional wording is added to the corresponding health certificates laid down in Council Directives 64/432/EEC(5), 88/407/EEC(6), 89/556/EEC(7), 91/68/EEC(8) and 92/65/EEC(9):

“animals/semen/ova/embryos(10) in compliance with Decision 2003/828/EC.”
Transit of animals through a restricted zone

1. The transit of animals dispatched from an area of the Community outside the restricted zones set out in Annex I through a restricted zone set out in that Annex, shall be authorised if an insecticide treatment of the animals and of the means of transport be carried out at the place of loading or in any case prior to entering the restricted zone.

When during transit through a restricted zone, a rest period is foreseen in a staging post, an insecticide treatment shall be carried out in order to protect animals from any attack by vectors.

2. In case of intra-Community trade, the transit shall be subject to the authorisation of the competent authorities of the Member State of transit and the Member State of destination, and the following additional wording shall be added to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC:

“Insecticide treatment with (name of the product) on (date) at (time) in conformity with Decision 2003/828/EC.”
Implementation measures

The Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision and they shall give immediate appropriate publicity to the measures adopted. They shall immediately inform the Commission thereof.
Decision 2003/218/EC is repealed. References made to the repealed Decision shall be construed as references to this Decision.
Applicability

This Decision shall apply from 17 December 2003.
This Decision is addressed to the Member States.

Done at Brussels, 25 November 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 327, 22.12.2000, p. 74.

(2) OJ L 82, 29.3.2003, p. 35.

(3) OJ L 184, 23.7.2003, p. 40.

(4) OJ L 125, 23.5.1996, p. 10.

(5) OJ 121, 29.7.1964, p. 1977.

(6) OJ L 194, 22.7.1988, p. 10.

(7) OJ L 302, 19.10.1989, p. 1.

(8) OJ L 46, 19.2.1991, p. 19.

(9) OJ L 268, 14.9.1992, p. 54.

(10) Delete as appropriate.
(Restricted zones: geographic areas where protection and surveillance zones shall be established by the Member States)

Zone A (serotypes 2 and 9, and to a lesser extent 4 and 16)

Areas where Article 3(2) is applicable

Areas where Article 3(2) is not applicable

Zone B (serotype 2)

Areas where Article 3(2) is applicable

Areas where Article 3(2) is not applicable

Balearic Islands

Zone C (serotypes 2 and 4)

South Corsica, Upper Corsica

The entire Greek territory with the exception of prefectorates listed in Zone E

Dodecanese, Samos, Chios and Lesbos prefectorates
A. Live animals must have been:

1. protected from Culicoides attack for at least 100 days prior to shipment; or

2. protected from Culicoides attack for at least 28 days prior to shipment, and subjected during that period to a serological test to detect antibodies to the BTV group, such as the BT competition ELISA or the BT AGID test, with negative results on two occasions, with an interval of not less than seven days between each test, the first test being carried out at least 21 days after introduction into the quarantine station; or

3. protected from Culicoides attack for at least 14 days prior to shipment, and subjected during that period to a BTV isolation test or polymerase chain reaction test, with negative results, on blood samples taken on two occasions, with an interval of not less than seven days between each test, the first test being carried out at least seven days after introduction into the quarantine station; and

4. protected from Culicoides attack during transportation to the place of shipment.

B. Semen must have been obtained from donors, which have been:

1. protected from Culicoides attack for at least 100 days before commencement of, and during, collection of the semen; or

2. subjected to a serological test to detect antibodies to the BTV group such as the BT competition ELISA or the BT AGID test, with negative results, at least every 60 days throughout the collection period and between 28 and 60 days after the final collection for this consignment; or

3. subjected to a virus isolation test or polymerase chain reaction (PCR) test on blood samples collected at commencement and conclusion of, and at least every seven days (virus isolation test) or at least every 28 days (PCR test) during, semen collection for this consignment, with negative results.

C. Ova and embryos must have been obtained from donors, which have been:

1. protected from Culicoides attack for at least 100 days before commencement of and during, collection of the embryos/ova; or

2. subjected to a serological test to detect antibodies to the BTV group such as the BT competition ELISA or the BT AGID test, between 28 and 60 days after collection with negative results; or

3. subjected to a BTV isolation test or polymerase chain reaction test on a blood sample taken on the day of collection, with negative results.

Pending: 32003D0804

                                January 15, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 19(1), Article 20(1) and Article 21(2) thereof,Whereas:(1) A list of third countries or parts thereof, from which Member States are authorised to import live molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption in the Community, should be established.(2) It is necessary to lay down specific animal health conditions and model certificates for those third countries, taking into account the animal health situation of the third country concerned and of the molluscs, eggs or gametes to be imported, in order to prevent the introduction of disease agents that could cause significant impact to the mollusc stock in the Community.(3) Attention should be paid to emerging diseases and diseases which are exotic to the Community and which could have a serious impact on the mollusc stock in the Community. Furthermore, the disease situation as regards the mollusc diseases referred to in Annex D to Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs(3), as last amended by Regulation (EC) No 806/2003, and in list II, column 1, of Annex A to Directive 91/67/EEC, at the place of production and where appropriate at the place of destination should be taken into account.(4) It is necessary that the countries or parts thereof from which Member States are authorised to import molluscs, their eggs and gametes for further growth or fattening, relaying or human consumption, apply conditions for disease control and monitoring at least equivalent to Community standards as laid down in Directives 91/67/EEC and 95/70/EC. The sampling and testing methods used should be at least equivalent to Commission Decision 2002/878/EC(4). In cases where sampling and testing methods are not laid down in the Community legislation, the sampling and testing methods used should be in accordance with those laid down in the International Office of Epizootics (OIE) Manual of diagnostic tests for aquatic animals.(5) It is necessary that the responsible competent authorities of these third countries undertake to notify, by fax, telegram or electronic mail, the Commission and the Member States within 24 hours of any occurrence of diseases referred to in Annex D to Directive 95/70/EC, and list II, column 1 of Annex A to Directive 91/67/EEC, as well as any other disease outbreaks causing a significant abnormal mortality in molluscs within their territory or parts thereof from which imports covered by this Decision are authorised. In such event, the responsible competent authorities of those third countries must take measures to prevent the disease spreading into the Community.(6) Taking into account the international practical and scientific experiences gained, the animal health provisions laid down by Commission Decision 95/352/EC of 25 July 1995 laying down the animal health conditions and the certification requirements for the importation from third countries of Crassostrea gigas for relaying in Community waters(5) needs to be updated and amended as appropriate. For the sake of clarity, those provisions should be included in this Decision and Decision 95/352/EC should be repealed.(7) Therefore, it is necessary to supplement the public health certification requirements relating to the importation of live molluscs and unprocessed products thereof, in Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing of the market of live bivalve molluscs(6), as last amended by Regulation (EC) No 806/2003, with the animal health certification requirements for import of live molluscs.(8) This Decision should apply without prejudice to the public health conditions established under Directive 91/492/EEC and Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(7), as last amended by Decision 806/2003/EC.(9) The risk of introducing diseases that can cause significant impact on molluscs within the community by imports of non-viable molluscs is considered low. The requirements laid down in Directive 91/493/EEC, in particular Articles 11 of that Directive, gives the appropriate level of protection as regards non-viable molluscs, and therefore additional animal health certification for non-viable molluscs is not necessary.(10) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(8) lays down standards of certification. The rules and principles applied by third country certifying officers in accordance with this Decision should provide guarantees which are equivalent to those laid down in that Directive.(11) The principles laid down in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(9), in particular Article 3 of that Directive should be taken into account.(12) It would reduce the possibility to control and eradicate diseases which are exotic to the Community and which could have serious impact on the mollusc stocks in the Community, if molluscs that could carry the disease are released into free waters in the Community. Live molluscs, eggs and gametes, should therefore be imported into the Community only if they are introduced into a farm registered by the competent authority in the Member State in accordance with Article 3(1) of Directive 95/70/EC.(13) This Decision should not apply to the importation of ornamental molluscs kept permanently in aquariums.(14) A transitional period of time should be provided for the implementation of these new import certification requirements.(15) Annex I to this Decision should be reviewed before the date of application.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Article 1

1. This Decision establishes harmonised animal health rules for the importation of:

(a) live molluscs, their eggs and gametes, for further growth, fattening or relaying; and

(b) live molluscs and non-viable molluscs for immediate human consumption or further processing before human consumption.

2. This Decision shall not apply to the importation of ornamental molluscs kept permanently in aquariums.
Article 2

Definitions

1. For the purpose of this Decision, the definitions in Article 2 of Directives 91/67/EEC and 95/70/EC shall apply.

2. The following definitions shall also apply:

(a) “approved import centre” means any establishment, dispatch centre or purification centre in the Community, approved according to Directives 91/492/EEC or 91/493/EEC where special biosecurity measures have been put in place, approved by the competent authority of the Member State concerned for further processing of imported live molluscs;

(b) “coastal zone” means a zone consisting of a part of the coast or sea water or an estuary:

(i) which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems; or

(ii) which is situated between the mouths of two watercourses; or

(iii) where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

(c) “designated farm” means a coastal farm or an inland farm to which the water is supplied by means of an artificial water system which ensures the complete inactivation of the pathogens referred to in Annex D to Directive 95/70/EC;

(d) “further processing” means preparation and processing before human consumption, by any kind of measures and techniques that produce waste or by-products which could cause a risk of spreading of diseases, including: putting live molluscs into water in order to allow them to recover during or after transport (immersion), conditioning, cleaning, purification, thawing, and operations affecting the anatomical wholeness such as shucking;

(e) “immediate human consumption” means that molluscs imported for the purpose of human consumption do not undergo any further processing within the Community before being placed on the retail market for human consumption;

(f) “molluscs” means aquatic organisms belonging to the Phylum Mollusca, classes Bivalvia and Gastropoda; originating from a farm, including any establishment, harvested natural bed or, in general, any geographical defined installation in which molluscs are reared or kept with a view to their being placed on the market;

(g) “non-viable molluscs” means molluscs no longer able to survive as living animals if returned to the environment from which they were obtained, and includes mollusc products intended for immediate human consumption or further processing before human consumption;

(h) “relaying” means an operation whereby live molluscs are transferred to approved sea or lagoon areas or approved estuarine areas under the supervision of the competent authority for the time necessary to remove contamination as defined in Directive 91/492/EEC, but excluding the specific operation of transferring molluscs to areas more suitable for further growth or fattening, as this is considered as farming;

(i) “territory” means either a whole country, a coastal zone, a designated farm, a farming area, or a harvested natural bed which is authorised by the central competent authority of the third country concerned for exportation to the Community.
Article 3

Conditions for importation of live molluscs, their eggs and gametes intended for further growth, fattening or relaying in European Community waters

1. Member States shall authorise the importation into their territory of live molluscs, their eggs and gametes for further growth or fattening or relaying only if:

(a) the molluscs originate and have been harvested in a territory listed in Annex I;

(b) the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex II, taking into account the explanatory notes in Annex III; and

(c) the molluscs have been transported under conditions not altering their health status.

2. Member States shall ensure that imported molluscs, their eggs and gametes intended for further growth, fattening or relaying in Community waters, only are introduced into farms registered by the competent authority in accordance with Article 3(1) of Directive 95/70/EC.

3. Member States shall ensure that imported live molluscs, eggs and gametes are transported directly to the farm of destination, as stated on the animal health certificate.
Article 4

Conditions related to importation of live molluscs intended for human consumption

Member States shall authorise the importation into their territory of live molluscs intended for immediate human consumption or for further processing before human consumption only if the consignment:

(a) complies with the conditions laid down in Article 3(1) and Article 6 of this Decision; or

(b) is sent directly to an approved import centre for further processing.
Article 5

Conditions related to importation of non-viable molluscs intended for human consumption

Member States shall authorise the importation into their territory of non-viable molluscs for immediate human consumption or for further processing before human consumption only if the molluscs originate in third countries and establishments authorised under Article 9 of Directive 91/492/EEC and Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under those Directives.
Article 6

Certification

In the case of live molluscs, their eggs and gametes, the competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in the Annex to Decision 92/527/EEC with one of the statements laid down in Annex IV in this Decision as appropriate.
Article 7

Preventing contamination of natural waters

1. Member States shall ensure that imported molluscs intended for immediate human consumption or further processing before human consumption are not introduced into, and do not contaminate any natural waters within their territory.

2. Members States shall ensure that transport water from imported consignments does not lead to contamination of natural waters within their territory.
Article 8

Approval of import centres

1. The competent authority of the Member States shall approve an establishment as an approved import centre provided that it satisfies the minimum animal health conditions of Annex V to this Decision.

2. The competent authority of the Member States shall draw up a list of approved import centres, each of which shall be given an official number.

3. The list of approved import centres, and any subsequent amendments thereto, shall be communicated by the competent authority of each Member State, to the Commission and to the other Member States.
Article 9

Decision 95/352/EC is repealed.
Article 11

Date of application

This Decision shall apply from 1 May 2004.
Article 12

This Decision is addressed to the Member States.

Done at Brussels, 14 November 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 46, 19.2.1991, p. 1.

(2) OJ L 122, 16.5.2003, p. 1.

(3) OJ L 332, 30.12.1995, p. 33.

(4) OJ L 305, 7.11.2002, p. 57.

(5) OJ L 204, 30.8.1995, p. 13.

(6) OJ L 268, 24.9.1991, p. 1.

(7) OJ L 268, 24.9.1991, p. 15.

(8) OJ L 13, 16.1.1997, p. 28.

(9) OJ L 18, 23.1.2003, p. 11.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 19(1), Article 20(1) and Article 21(2) thereof,Whereas:(1) A list of third countries or parts thereof, from which Member States are authorised to import live molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption in the Community, should be established.(2) It is necessary to lay down specific animal health conditions and model certificates for those third countries, taking into account the animal health situation of the third country concerned and of the molluscs, eggs or gametes to be imported, in order to prevent the introduction of disease agents that could cause significant impact to the mollusc stock in the Community.(3) Attention should be paid to emerging diseases and diseases which are exotic to the Community and which could have a serious impact on the mollusc stock in the Community. Furthermore, the disease situation as regards the mollusc diseases referred to in Annex D to Council Directive 95/70/EC of 22 December 1995 introducing minimum Community measures for the control of certain diseases affecting bivalve molluscs(3), as last amended by Regulation (EC) No 806/2003, and in list II, column 1, of Annex A to Directive 91/67/EEC, at the place of production and where appropriate at the place of destination should be taken into account.(4) It is necessary that the countries or parts thereof from which Member States are authorised to import molluscs, their eggs and gametes for further growth or fattening, relaying or human consumption, apply conditions for disease control and monitoring at least equivalent to Community standards as laid down in Directives 91/67/EEC and 95/70/EC. The sampling and testing methods used should be at least equivalent to Commission Decision 2002/878/EC(4). In cases where sampling and testing methods are not laid down in the Community legislation, the sampling and testing methods used should be in accordance with those laid down in the International Office of Epizootics (OIE) Manual of diagnostic tests for aquatic animals.(5) It is necessary that the responsible competent authorities of these third countries undertake to notify, by fax, telegram or electronic mail, the Commission and the Member States within 24 hours of any occurrence of diseases referred to in Annex D to Directive 95/70/EC, and list II, column 1 of Annex A to Directive 91/67/EEC, as well as any other disease outbreaks causing a significant abnormal mortality in molluscs within their territory or parts thereof from which imports covered by this Decision are authorised. In such event, the responsible competent authorities of those third countries must take measures to prevent the disease spreading into the Community.(6) Taking into account the international practical and scientific experiences gained, the animal health provisions laid down by Commission Decision 95/352/EC of 25 July 1995 laying down the animal health conditions and the certification requirements for the importation from third countries of Crassostrea gigas for relaying in Community waters(5) needs to be updated and amended as appropriate. For the sake of clarity, those provisions should be included in this Decision and Decision 95/352/EC should be repealed.(7) Therefore, it is necessary to supplement the public health certification requirements relating to the importation of live molluscs and unprocessed products thereof, in Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing of the market of live bivalve molluscs(6), as last amended by Regulation (EC) No 806/2003, with the animal health certification requirements for import of live molluscs.(8) This Decision should apply without prejudice to the public health conditions established under Directive 91/492/EEC and Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(7), as last amended by Decision 806/2003/EC.(9) The risk of introducing diseases that can cause significant impact on molluscs within the community by imports of non-viable molluscs is considered low. The requirements laid down in Directive 91/493/EEC, in particular Articles 11 of that Directive, gives the appropriate level of protection as regards non-viable molluscs, and therefore additional animal health certification for non-viable molluscs is not necessary.(10) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(8) lays down standards of certification. The rules and principles applied by third country certifying officers in accordance with this Decision should provide guarantees which are equivalent to those laid down in that Directive.(11) The principles laid down in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(9), in particular Article 3 of that Directive should be taken into account.(12) It would reduce the possibility to control and eradicate diseases which are exotic to the Community and which could have serious impact on the mollusc stocks in the Community, if molluscs that could carry the disease are released into free waters in the Community. Live molluscs, eggs and gametes, should therefore be imported into the Community only if they are introduced into a farm registered by the competent authority in the Member State in accordance with Article 3(1) of Directive 95/70/EC.(13) This Decision should not apply to the importation of ornamental molluscs kept permanently in aquariums.(14) A transitional period of time should be provided for the implementation of these new import certification requirements.(15) Annex I to this Decision should be reviewed before the date of application.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
1. This Decision establishes harmonised animal health rules for the importation of:

(a) live molluscs, their eggs and gametes, for further growth, fattening or relaying; and

(b) live molluscs and non-viable molluscs for immediate human consumption or further processing before human consumption.

2. This Decision shall not apply to the importation of ornamental molluscs kept permanently in aquariums.
Definitions

1. For the purpose of this Decision, the definitions in Article 2 of Directives 91/67/EEC and 95/70/EC shall apply.

2. The following definitions shall also apply:

(a) “approved import centre” means any establishment, dispatch centre or purification centre in the Community, approved according to Directives 91/492/EEC or 91/493/EEC where special biosecurity measures have been put in place, approved by the competent authority of the Member State concerned for further processing of imported live molluscs;

(b) “coastal zone” means a zone consisting of a part of the coast or sea water or an estuary:

(i) which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems; or

(ii) which is situated between the mouths of two watercourses; or

(iii) where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

(c) “designated farm” means a coastal farm or an inland farm to which the water is supplied by means of an artificial water system which ensures the complete inactivation of the pathogens referred to in Annex D to Directive 95/70/EC;

(d) “further processing” means preparation and processing before human consumption, by any kind of measures and techniques that produce waste or by-products which could cause a risk of spreading of diseases, including: putting live molluscs into water in order to allow them to recover during or after transport (immersion), conditioning, cleaning, purification, thawing, and operations affecting the anatomical wholeness such as shucking;

(e) “immediate human consumption” means that molluscs imported for the purpose of human consumption do not undergo any further processing within the Community before being placed on the retail market for human consumption;

(f) “molluscs” means aquatic organisms belonging to the Phylum Mollusca, classes Bivalvia and Gastropoda; originating from a farm, including any establishment, harvested natural bed or, in general, any geographical defined installation in which molluscs are reared or kept with a view to their being placed on the market;

(g) “non-viable molluscs” means molluscs no longer able to survive as living animals if returned to the environment from which they were obtained, and includes mollusc products intended for immediate human consumption or further processing before human consumption;

(h) “relaying” means an operation whereby live molluscs are transferred to approved sea or lagoon areas or approved estuarine areas under the supervision of the competent authority for the time necessary to remove contamination as defined in Directive 91/492/EEC, but excluding the specific operation of transferring molluscs to areas more suitable for further growth or fattening, as this is considered as farming;

(i) “territory” means either a whole country, a coastal zone, a designated farm, a farming area, or a harvested natural bed which is authorised by the central competent authority of the third country concerned for exportation to the Community.
Conditions for importation of live molluscs, their eggs and gametes intended for further growth, fattening or relaying in European Community waters

1. Member States shall authorise the importation into their territory of live molluscs, their eggs and gametes for further growth or fattening or relaying only if:

(a) the molluscs originate and have been harvested in a territory listed in Annex I;

(b) the consignment complies with the guarantees, including those for packaging and labelling and the appropriate specific additional requirements, as laid down in the animal health certificate, drawn up in conformity with the model in Annex II, taking into account the explanatory notes in Annex III; and

(c) the molluscs have been transported under conditions not altering their health status.

2. Member States shall ensure that imported molluscs, their eggs and gametes intended for further growth, fattening or relaying in Community waters, only are introduced into farms registered by the competent authority in accordance with Article 3(1) of Directive 95/70/EC.

3. Member States shall ensure that imported live molluscs, eggs and gametes are transported directly to the farm of destination, as stated on the animal health certificate.
Conditions related to importation of live molluscs intended for human consumption

Member States shall authorise the importation into their territory of live molluscs intended for immediate human consumption or for further processing before human consumption only if the consignment:

(a) complies with the conditions laid down in Article 3(1) and Article 6 of this Decision; or

(b) is sent directly to an approved import centre for further processing.
Conditions related to importation of non-viable molluscs intended for human consumption

Member States shall authorise the importation into their territory of non-viable molluscs for immediate human consumption or for further processing before human consumption only if the molluscs originate in third countries and establishments authorised under Article 9 of Directive 91/492/EEC and Article 11 of Directive 91/493/EEC and comply with the public health certification requirements laid down under those Directives.
Certification

In the case of live molluscs, their eggs and gametes, the competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in the Annex to Decision 92/527/EEC with one of the statements laid down in Annex IV in this Decision as appropriate.
Preventing contamination of natural waters

1. Member States shall ensure that imported molluscs intended for immediate human consumption or further processing before human consumption are not introduced into, and do not contaminate any natural waters within their territory.

2. Members States shall ensure that transport water from imported consignments does not lead to contamination of natural waters within their territory.
Approval of import centres

1. The competent authority of the Member States shall approve an establishment as an approved import centre provided that it satisfies the minimum animal health conditions of Annex V to this Decision.

2. The competent authority of the Member States shall draw up a list of approved import centres, each of which shall be given an official number.

3. The list of approved import centres, and any subsequent amendments thereto, shall be communicated by the competent authority of each Member State, to the Commission and to the other Member States.
Decision 95/352/EC is repealed.
Date of application

This Decision shall apply from 1 May 2004.
This Decision is addressed to the Member States.

Done at Brussels, 14 November 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 46, 19.2.1991, p. 1.

(2) OJ L 122, 16.5.2003, p. 1.

(3) OJ L 332, 30.12.1995, p. 33.

(4) OJ L 305, 7.11.2002, p. 57.

(5) OJ L 204, 30.8.1995, p. 13.

(6) OJ L 268, 24.9.1991, p. 1.

(7) OJ L 268, 24.9.1991, p. 15.

(8) OJ L 13, 16.1.1997, p. 28.

(9) OJ L 18, 23.1.2003, p. 11.
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Explanatory notes for certification and labelling

(a) The certificates shall be produced by the competent authorities of the exporting country, based on the appropriate model appearing in Annex II to this Decision taking into account the use to which the molluscs are to be put after the arrival to the EC.

(b) Considering the status of the place of destination as regards Bonamia ostreae and Marteilia refringens in the EC Member State, the appropriate specific additional requirements shall be incorporated and completed in the certificate.

(c) The original of each certificate shall consist of a single page, double-sided, or, where more than one page is required, it shall be in such a form that all pages form part of an integrated whole and are indivisible.

It shall, on the right-hand side of the top of each page, be marked as “original” and bear a specific code number issued by the competent authority. All pages of the certificate shall be numbered – (page number) of (total number of pages).

(d) The original of the certificate and the labels referred to in the model certificate shall be drawn up in at least one official language of the EC Member State in which the inspection at the border post shall be carried out and of the EC Member State of destination. However, these Member States may allow other languages, if necessary, accompanied by an official translation.

(e) The original of the certificate must be completed on the day of loading the consignment for exportation to the European Community with an official stamp and signed by an official inspector designated by the competent authority. In doing so, the competent authority of the exporting country shall ensure that the principles of certification equivalent to those laid down in Council Directive 96/93/EC are followed.

The stamp, unless embossed, and the signature shall be in a colour different to that of the printing.

(f) If for reasons of identification of the items of the consignment, additional pages are attached to the certificate, these pages shall be considered as forming part of the original and be signed and stamped by the certifying official inspector on each page.

(g) The original of the certificate must accompany the consignment until it reaches the EC border inspection post.

(h) The certificate shall be valid for 10 days from the date of issue. In the case of transport by ship, the time of validity is prolonged by the time of the journey at sea.

(i) The molluscs, their eggs and gametes, shall not be transported together with other molluscs, eggs or gametes that, either are not destined to the European Community, or are of a lower health status. Furthermore, they must not be transported under any other conditions that alter their health status.

(j) The possible presence of pathogens in the water is a relevant factor when considering the health status of molluscs. The certifying officer should therefore consider the following:

the “place of origin” should be the localisation of the farm or harvested natural bed where the molluscs were reared reaching their commercial size relevant for the consignment covered by this certificate.

The “place of harvest” should be the last place the molluscs were in contact with natural waters in the exporting country, like purification centres or intermediate storage places where molluscs are kept before exported to the Community.
Statements as regard live molluscs, their eggs and gametes intended for further growth, fattening, relaying or human consumption in the European Community to be issued by the competent authority at the border inspection post to complete the document referred to in the Annex to Decision 92/527/EEC

The competent authority at the border inspection post in the Member State of arrival shall complete the document referred to in the Annex to Decision 92/527/EEC with one of the following statements as appropriate:

Statements:

“[Live molluscs](1) [and](2) [Eggs](3) [and](4) [Gametes](5) certified for further growth, fattening or relaying into European Community coastal zones and farms except those with a Community approved program or status, with regard to Bonamia ostreae and Marteilia refringens”;

“[Live molluscs](6) [and](7) [Eggs](8) [and](9) [Gametes](10) certified for further growth, fattening or relaying into European Community coastal zones and farms including those with a Community approved program or status, with regard to [Bonamia ostreae](11) [and](12) [Marteilia refringens](13)”;

“Live molluscs certified for export to the European Community(14) [including to zones having Community approved status or program as regards [Bonamia ostreae](15) [and](16) [Marteilia refringens](17) [for immediate human consumption](18) [for further processing in approved import centres before human consumption](19)”.

(1) Retain as appropriate.

(2) Retain as appropriate.

(3) Retain as appropriate.

(4) Retain as appropriate.

(5) Retain as appropriate.

(6) Retain as appropriate.

(7) Retain as appropriate.

(8) Retain as appropriate.

(9) Retain as appropriate.

(10) Retain as appropriate.

(11) Retain as appropriate.

(12) Retain as appropriate.

(13) Retain as appropriate.

(14) Retain as appropriate.

(15) Retain as appropriate.

(16) Retain as appropriate.

(17) Retain as appropriate.

(18) Retain as appropriate.

(19) Retain as appropriate.
MINIMUM ANIMAL HEALTH CONDITIONS FOR THE APPROVAL OF “APPROVED IMPORT CENTRES”

A. General Provisions

1. Member States shall only approve centres and establishments as import centres for further processing of imported molluscs provided that the conditions at the import centre are such that risks of contamination of molluscs in Community waters via discharges or other waste, or by other means, with pathogens capable of causing significant abnormal mortality in molluscs are avoided.

2. Establishments approved as “approved import centres”, must not be allowed to move live molluscs out of the establishment.

3. The minimum animal health conditions as laid down in part B of this Annex shall apply, in addition to the public health provisions laid down under Directive 91/492/EEC for any centres and establishments, including dispatch centres and purification centres, as well as to the health rules laid down by Community legislation concerning animal by-products not intended for human consumption.

B. Management Provisions

1. Approved import centres must be under the control and responsibility of the competent authority.

2. Approved import centres must have an efficient disease control, and monitoring system; in application of Directive 95/70/EC, cases of suspected disease and mortality shall be investigated by the competent authority; the necessary analysis and treatment must be carried out in consultation with and under the control of the competent authority, taking into consideration the requirement in Article 3(1)(a) of Directive 91/67/EEC.

3. Approved import centres must apply a management system, approved by the competent authority, including hygiene and disposal routines for transport, transport containers, facilities, and equipment. The guidelines laid down for disinfection of mollusc farms in the OIE International aquatic animal health code, sixth edition, 2003, Appendix 5.2.2, should be followed. The disinfectants used must be approved for the purpose by the competent authority and appropriate equipment must be available for cleaning and disinfection. Discharges of by-products and other waste materials including dead molluscs and their products must be carried out in accordance with Regulation (EC) No 1774/2002. The management system at the approved import centre shall be such that risks of contamination of molluscs in Community waters with pathogens capable of causing significant impact to mollusc stocks, in particular diseases referred to in Annex D to Directive 95/70/EC, are avoided.

4. Approved import centres must keep an updated record of observed abnormal mortality, and of all the live molluscs, eggs and gametes entering the centre and products leaving the centre including their source, their suppliers and their destination.

5. Approved import centres must be cleaned and disinfected regularly in accordance with the programme described in point 3 above.

6. Only authorised persons may enter approved import centres and must wear protective clothing including appropriate footwear.

Pending: 32003D0479

                                January 15, 2026                            

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community and in particular Article 207(2) thereof,Whereas:(1) Seconded national experts (hereinafter referred to as SNEs) and seconded national military staff (hereinafter referred to as seconded military staff) should enable the General Secretariat of the Council (hereinafter referred to as the GSC) to benefit from the high level of their knowledge and professional experience, in particular in areas where such expertise is not readily available.(2) This Decision should foster the exchange of professional experience and knowledge of European policies by temporarily assigning to the GSC experts from Member States’ administrations. It also seeks to ensure close collaboration between the Council and national administrations or international organisations, by means of the secondment of GSC officials to them.(3) SNEs should be drawn from governments or ministries in Member States or from international organisations.(4) The rights and obligations of SNEs and seconded military staff set out in this Decision should ensure that they carry out their duties solely in the interests of the GSC.(5) In view of the temporary nature of their work and their particular status, SNEs and seconded military staff should not take responsibility on behalf of the GSC for the exercise of its public law prerogatives.(6) This Decision should set out all the conditions of employment of SNEs and seconded military staff and be applicable regardless of the origin of the budgetary appropriations used to cover the expenditure.(7) Special provision should moreover be made for military staff seconded to the GSC to form the European Union military staff.(8) Since these rules replace those laid down in the Decisions of 25 June 1997 and 22 March 1999, as well as in Decision 2001/41/EC and in Decision 2001/496/CFSP, those Decisions should be repealed,HAS DECIDED AS FOLLOWS:CHAPTER I GENERAL PROVISIONSArticle 1Scope1. These Rules are applicable to seconded national experts (SNEs) seconded to the GSC by a national, regional or local public administration. They shall also apply to experts on secondment from an international organisation.2. The persons covered by these Rules shall remain in the service of their employer throughout the period of secondment and shall continue to be paid by that employer.3. The GSC shall recruit SNEs in accordance with requirements and budgetary possibilities. The Deputy Secretary-General shall establish the arrangements for such recruitment.4. Except where the Deputy Secretary-General grants a derogation which is not applicable in the area of the CFSP/ESPD, SNEs must be nationals of a Member State. SNEs shall be recruited on as wide a geographical basis as possible among the nationals of the Member States. The Member States and the GSC shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.5. Secondment shall be implemented by an Exchange of Letters between the Directorate-General for Personnel and Administration of the GSC and the Permanent Representation of the Member State concerned or the international organisation, as appropriate. A copy of the rules applicable to SNEs on secondment to the GSC shall be attached to the Exchange of Letters.Article 2Period of secondment1. The period of secondment may not be less than six months nor exceed two years and may be renewed successively up to a total period not exceeding four years.2. The intended period of secondment shall be fixed at the outset in the exchange of Letters provided for in
Article 1

1. These Rules are applicable to seconded national experts (SNEs) seconded to the GSC by a national, regional or local public administration. They shall also apply to experts on secondment from an international organisation.

2. The persons covered by these Rules shall remain in the service of their employer throughout the period of secondment and shall continue to be paid by that employer.

3. The GSC shall recruit SNEs in accordance with requirements and budgetary possibilities. The Deputy Secretary-General shall establish the arrangements for such recruitment.

4. Except where the Deputy Secretary-General grants a derogation which is not applicable in the area of the CFSP/ESPD, SNEs must be nationals of a Member State. SNEs shall be recruited on as wide a geographical basis as possible among the nationals of the Member States. The Member States and the GSC shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.

5. Secondment shall be implemented by an Exchange of Letters between the Directorate-General for Personnel and Administration of the GSC and the Permanent Representation of the Member State concerned or the international organisation, as appropriate. A copy of the rules applicable to SNEs on secondment to the GSC shall be attached to the Exchange of Letters.
Article 2

Period of secondment

1. The period of secondment may not be less than six months nor exceed two years and may be renewed successively up to a total period not exceeding four years.

2. The intended period of secondment shall be fixed at the outset in the exchange of Letters provided for in Article 1(5). The same procedure shall apply in the case of a renewal of the period of secondment.

3. A SNE who has already been seconded to the GSC may be seconded again, in accordance with internal rules laying down maximum periods during which such persons may be present in GSC departments and subject to the following conditions:

(a) the SNE must continue to meet the conditions for secondment;

(b) a period of at least six years must have elapsed between the end of the previous period of secondment and any further secondment; if at the end of the first secondment the SNE has received another, additional contract, the six-year period shall begin to run from the expiry of that contract. This provision shall not prevent the GSC from accepting the secondment of a SNE whose initial secondment lasted for less than four years, but in that case the new secondment shall not exceed the unexpired part of the four-year period.
Article 3

Place of secondment

SNEs shall be seconded to Brussels or to a GSC liaison office.
Article 4

1. A SNE shall assist GSC officials or temporary staff and carry out the tasks assigned to him.

The duties carried out shall be defined by mutual agreement between the GSC and the administration which seconds the national expert in the interest of the departments and taking into account the candidate’s qualifications.

2. A SNE shall take part in missions and meetings only:

(a) if accompanying a GSC official or temporary staff member; or

(b) as an observer or solely for information purposes, if alone.

The Director-General of the department concerned may in certain special circumstances derogate from this rule on the basis of a specific mandate given to the SNE, after verifying that there is no potential conflict of interest. Unless a special mandate has been granted, under the authority of the Secretary-General/High Representative, by the Director General of the department concerned, the SNE may not commit the GSC externally.

3. The GSC shall retain sole responsibility for approving the results of tasks performed by the SNE.

4. The GSC departments concerned, the SNE’s employer and the SNE shall make every effort to avoid any conflict of interest or appearance of such a conflict in relation to the SNE’s duties during secondment. To this end, the GSC shall, in good time, inform the SNE and the employer of the intended duties and shall ask each of them to confirm in writing that they know of no reason why the SNE should not be assigned to those duties. The SNE shall be asked in particular to declare any potential conflict between his family circumstances (in particular the professional activities of close family members or any important financial interests of his own, or of close family members) and the proposed duties while on secondment.

The employer and the SNE shall undertake to notify the GSC of any change of circumstances during the secondment which could give rise to any such conflict.

5. Where the GSC considers that the nature of the tasks entrusted to the SNE requires particular security precautions, security clearance shall be obtained before the SNE is seconded.

6. In the event of failure to comply with the provisions of paragraphs 2, 3 and 4, the GSC may terminate the secondment of the SNE under the terms of Article 8.
Article 5

Rights and obligations

1. During the period of secondment:

(a) a SNE shall carry out his duties and shall behave solely with the interests of the Council in mind;

(b) a SNE shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position at the GSC;

(c) any SNE who, in the performance of his duties, is called upon to give a decision on the handling or outcome of a matter in which he has a personal interest that could impair his independence, shall inform the head of the department to which he is assigned;

(d) a SNE shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the GSC. Permission shall be refused only where the intended publication is liable to prejudice the interests of the European Union;

(e) all rights in any work done by a SNE in the performance of his duties shall be the property of the GSC;

(f) a SNE shall reside at the place of secondment or at no greater distance therefrom as is compatible with the proper performance of his activities;

(g) a SNE shall assist and tender advice to the superior to whom he is assigned and shall be responsible to his superior for the performance of the tasks entrusted to him;

(h) a SNE shall, in the exercise of his duties, accept no instructions from his employer or national government. He shall not undertake any activities for his employer, nor for governments, nor for any other person, private company or public body.

2. Both during and after the period of secondment, a SNE shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties. He shall not in any form whatsoever disclose to any unauthorised person any document or information not already lawfully made public, nor shall he use it for personal gain.

3. At the end of the secondment a SNE shall continue to be bound by the obligation to act with integrity and discretion in the exercise of new duties assigned to him and in accepting certain posts or advantages.

To that end, in the three years following the period of secondment a SNE shall inform the GSC forthwith of any duties or tasks he has to perform for his employer which are likely to give rise to a conflict of interest in relation to the tasks he carried out during secondment.

4. A SNE shall be subject to the security rules in force in the GSC.

5. Failure to comply with the provisions of this Article during the period of secondment shall entitle the GSC to terminate the secondment of a SNE under the terms of Article 8.
Article 6

Level, professional experience and knowledge of languages

1. To qualify for secondment to the GSC a SNE must have at least three years’ full-time experience of administrative, scientific, technical, advisory or supervisory functions equivalent to those of category A or B as defined in the Staff Regulations of officials of the European Communities and the Conditions of employment applicable to other servants of the Communities. Before the secondment, the SNE’s employer shall supply the GSC with a statement of the expert’s employment covering the previous 12 months.

2. A SNE must have a thorough knowledge of one Community language and a satisfactory knowledge of a second language for the performance of his duties.
Article 7

Suspension of secondment

1. The GSC may authorise suspensions of secondment and specify the terms applicable. During such suspensions:

(a) the allowances referred to in Articles 15 and 16 shall not be payable;

(b) the expenses referred to in Articles 18 and 19 shall be payable only if the suspension is at the GSC’s request.

2. The GSC shall inform the SNE’s employer.
Article 8

Termination of periods of secondment

1. Subject to paragraph 2, secondment may be terminated at the request of GSC or of the SNE’s employer, provided three months’ notice is given. It may also be terminated at the SNE’s request provided the same notice is given and subject to the GSC’s agreement.

2. In certain exceptional circumstances the secondment may be terminated without notice:

(a) by the SNE’s employer, if the employer’s essential interests so require,

(b) by agreement between the GSC and the employer, at the request of the SNE to both parties, if the SNE’s essential personal or professional interests so require,

(c) by the GSC in the event of failure by the SNE to comply with his obligations under these rules. The SNE shall first be given an opportunity to submit his defence.

3. In the event of termination under paragraph 2(c), the GSC shall immediately inform the employer.
Article 9

Social security

1. Before the period of secondment begins, the employer from which the national expert is to be seconded shall certify to the GSC that, throughout the period of secondment, the SNE will remain subject to the social security legislation applicable to the public administration or international organisation which employs the SNE and which will assume responsibility for expenses incurred abroad.

2. From the commencement of his secondment, the SNE shall be covered by the GSC against the risk of accident. The GSC shall provide him with a copy of the terms of this cover on the day on which he reports to the relevant department of the Directorate-General for Personnel and Administration to complete the administrative formalities related to the secondment.
Article 10

Working hours

1. A SNE shall be subject to the rules in force in the GSC as regards working hours. These rules may be modified by the Deputy Secretary-General where the needs of the department so require.

2. A SNE shall serve on a full-time basis throughout the period of secondment. Following a duly justified request from a Directorate-General and subject to compatibility with the interests of the GSC, the Director-General for Personnel and Administration may authorise a SNE to work part time, after agreement from his employer.

3. Where part-time work is authorised, the SNE shall work at least half of the normal working time.

4. A SNE may work flexible hours only if authorised by the GSC department to which he is assigned. Authorisation shall be forwarded for information to the relevant unit of the Directorate-General for Personnel and Administration.

5. The allowances in force within the GSC for shift-work may be granted to SNEs.
Article 11

Absence for reasons of sickness or accident

1. In the event of absence for reasons of sickness or accident, a SNE shall notify his superior as soon as possible, stating his present address. He shall produce a medical certificate if absent for more than three days and may be required to undergo a medical examination arranged by the GSC.

2. If absence due to sickness or accident of not more than three days exceeds a total of 12 days over a period of 12 months, a SNE shall be required to produce a medical certificate for any further absence due to sickness.

3. Where the period of sick leave exceeds one month or the period of service performed by the SNE, whichever is the longer, the allowances referred to in Article 15(1) and (2) shall be automatically suspended. This provision shall not apply in the event of illness linked to pregnancy. Sick leave may not extend beyond the duration of the secondment of the person concerned.

4. However, a SNE who is the victim of a work-related injury which occurs during the secondment shall continue to receive, in full, the allowances provided for in Article 15(1) and (2) throughout the period during which he is unfit for work up to the end of the period of secondment.
Article 12

Annual leave, special leave and holidays

1. A SNE shall be entitled to two-and-a-half working days of leave per whole month of service (30 days per calendar year).

2. Leave is subject to prior authorisation by the department to which the SNE is assigned.

3. A SNE may, on reasoned application, be granted special leave in the following cases:

– marriage of the SNE: two days annually,

– serious illness of spouse: up to three days,

– death of spouse: four days,

– serious illness of a relative in the ascending line: up to two days annually,

– death of a relative in the ascending line: two days,

– birth of a child: two days,

– serious illness of a child: up to two days annually,

– death of a child: four days.

4. Upon a duly justified request by the SNE’s employer, up to two days of special leave in a 12-month period may be granted by the GSC on a case-by-case basis.

5. In the case of part-time work, annual leave shall be reduced accordingly.

6. Days of annual leave not taken by the end of the period of secondment shall be forfeited.
Article 13

Maternity leave

1. A SNE who is pregnant shall be granted maternity leave of 16 weeks, during which period she shall receive the allowances provided for in Article 15.

2. A SNE who is breastfeeding may on request, on the basis of a medical certificate attesting the fact, be granted special leave for a maximum of four weeks running from the end of her maternity leave, during which period she shall receive the allowances laid down in Article 15.

3. Where the national legislation of the employer of the SNE grants longer maternity leave, the secondment shall be suspended for the period exceeding that granted by the GSC. In that case a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.

4. A SNE may, alternatively, apply for a suspension of the secondment to cover the whole of the periods allowed for maternity and breastfeeding leave. In that case a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.
Article 14

Management and control

Management and control of leave shall lie with the administration of the GSC. Control of working time and absences shall be the responsibility of the Directorate-General or department to which the SNE is assigned.
Article 15

Subsistence allowances

1. A SNE shall be entitled to a daily subsistence allowance throughout the period of secondment. Where the distance between the place of residence and the place of secondment is 150 km or less, the daily allowance shall be EUR 26,78. Where the distance is more than 150 km, the daily allowance shall be EUR 107,1.

2. If the SNE has not received removal expenses from either the GSC or from the employer, an additional monthly allowance shall be paid as shown in the table below:

This allowance shall be paid monthly in arrears.

3. These allowances shall be payable for periods of mission, annual leave, maternity leave, special leave and holidays granted by the GSC.

4. SNEs who during the three years ending six months before the secondment habitually resided or pursued their principal professional activity at a location situated at a distance of 150 km or less from the place of secondment shall receive a daily subsistence allowance of EUR 26,78. For the purpose of this provision, circumstances arising from work done by SNEs for a State other than that of the place of secondment or for an international organisation shall not be taken into account.

5. When the SNE starts the secondment, he shall receive an advance amount equivalent to 75 days of the subsistence allowance, whereupon entitlement to any further such allowances shall cease during the corresponding period. If the secondment to the GSC is ended before the expiry of the period taken into account to calculate the advance, the SNE is obliged to return the amount corresponding to the remaining part of that period.

6. At the time of the exchange of Letters provided for in Article 1(5) the GSC shall be informed of any payment similar to that mentioned in paragraph 1 of this Article received by the SNE. Any such amounts shall be deducted from the allowance paid by the GSC pursuant to the said paragraph 1.

7. Daily and monthly allowances shall be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials in Brussels and Luxembourg.

8. For SNEs seconded to a GSC Liaison Office, the subsistence allowances referred to in this Article may be replaced by a housing allowance where this is justified by the specific circumstances of the country of secondment, subject to a reasoned decision by the Director-General for Administration and Protocol.
Article 16

Additional flat-rate allowance

1. Except where the place of residence of a SNE is 150 km or less from the place of secondment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowances paid by the GSC and the basic salary payable to an official in step 1 of grade A 8 or grade B 5, depending on the category to which he is assimilated.

2. This allowance shall be adjusted once a year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials.
Article 17

Place of residence

1. For the purposes of these rules, the place of residence shall be the place where the SNE performed his duties for the employer immediately prior to secondment. The place of secondment shall be the place where the GSC department to which the SNE is assigned is located. Both places shall be identified in the exchange of Letters mentioned in Article 1(5).

2. If, on secondment as a SNE, a national expert is already on secondment on behalf of his employer in a place other than that in which the latter’s head office is located, the place of residence shall be whichever of the two is closer to the place of secondment.

3. The place of residence shall be deemed to be the place of secondment where:

(a) during the three years ending six months before the secondment, the SNE habitually resided or pursued his principal professional activity at a place situated 150 km or less from the place of secondment; or

(b) at the time of the GSC’s request for the secondment, the place of secondment is the principal residence of the SNE’s spouse or of any of his dependent children.

To that end, residence at 150 km or less from the place of secondment is to be treated as residence at that place.

4. For the purposes of applying this Article, circumstances arising from work done by SNEs for a State other than that of the place of secondment or for an international organisation shall not be taken into account.
Article 18

Travel expenses

1. A SNE whose place of residence is more than 150 km from the place of secondment is entitled to reimbursement of travel expenses:

(a) for himself/herself:

– from the place of residence to the place of secondment at the beginning of the period of secondment;

– from the place of secondment to the place of residence at the end of the period of secondment;

(b) for his spouse and dependent children, provided that they live with the SNE and that the removal is reimbursed by the GSC:

– at the beginning of the secondment, on removal from the place of residence to the place of secondment;

– at the end of the secondment, from the place of secondment to the place of residence.

2. Unless the journey is made by air, the amount shall be reimbursed at a flat rate, limited to the cost of the second-class rail fare, without supplements. This shall also apply to journeys made by car. Where the rail journey exceeds 500 km or where the standard route involves a sea-crossing, air travel may be reimbursed up to actual cost of a reduced-price ticket (PEX or APEX), on production of tickets and boarding cards.

3. By way of derogation from paragraph 1, SNEs who prove that they have changed the place at which they will pursue their principal activity after the secondment shall be entitled to reimbursement of travel expenses to that place within the above limits. The reimbursement may not involve payment of a sum higher than that to which the SNE is entitled in the event of return to the place of residence.

4. If a SNE has effected his removal from his place of residence to his place of secondment, he will be entitled each year to a flat-rate payment equal to the cost of a return journey from his place of secondment to his place of residence for himself, his spouse and any dependent children on the basis of the provisions in force at the GSC.
Article 19

Removal expenses

1. Unless the second sentence of Article 15(4) applies, a SNE may remove his personal effects from the place of residence to the place of secondment, at the GSC’s expense, after obtaining its prior authorisation, pursuant to rules in force at the GSC at the time concerning reimbursement of removal costs, provided the following conditions are met:

(a) the initial period of secondment must be for two years;

(b) the SNE’s place of residence must be 100 km or more from the place of secondment;

(c) the removal must be completed within six months of the starting date of the secondment;

(d) authorisation must be requested at least two months before the intended date of removal;

(e) the removal costs are not being refunded by the employer;

(f) the SNE must send originals of estimates, receipts and invoices to the GSC and a certificate from the SNE’s employer confirming that the employer is not bearing removal costs.

2. Subject to paragraphs 3 and 4, where the removal to the place of secondment has been reimbursed by the GSC, the SNE shall be entitled at the end of the secondment, after prior authorisation, to reimbursement of removal costs from the place of secondment to the place of residence, pursuant to rules in force in the GSC at the time concerning reimbursement of removal costs, subject to the conditions set out in paragraph 1(d), (e) and (f) above and the following further conditions:

(a) the removal cannot take place earlier than three months before the end of the secondment;

(b) the removal must be completed within six months following the end of the secondment.

3. A SNE whose secondment is terminated at his request or at the employer’s request within two years from the start of the secondment shall not be entitled to reimbursement of removal costs to the place of residence.

4. Where the SNE proves that the place where he will pursue his principal activity after secondment has changed, removal costs to that new place may be reimbursed, but only up to the amount which would have been paid in the case of removal to the place of residence.
Article 20

Missions and mission expenses

1. A SNE may be sent on mission subject to Article 4.

2. Mission expenses shall be reimbursed in accordance with the provisions in force at the GSC.
Article 21

A SNE shall be entitled to attend training courses organised by the GSC, if the interests of the GSC warrant it. The reasonable interests of the SNE, having regard in particular to his professional career after the secondment, shall be considered when a decision on permission to attend courses is taken.
Article 22

Administrative provisions

1. The SNE shall report to the relevant department of the Directorate-General for Personnel and Administration on the first day of secondment to complete the requisite administrative formalities. He shall take up his duties on either the first or the 16th of the month.

2. A SNE assigned to a GSC liaison office shall report to the relevant department of the GSC in his place of secondment.

3. Payments shall be made by the appropriate department of the GSC, in euro, into a bank account opened at a banking institution in the place of secondment.
Article 23

Rules applying to seconded military staff

Subject to Articles 24 to 33, these Rules shall also apply to military staff seconded to the GSC in order to form the European Union military staff pursuant to Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the military staff of the European Union(1).
Article 24

Seconded military staff must be on paid service in the armed forces of a Member State throughout their secondment. They must be nationals of a Member State.
Article 25

Recruitment

By way of derogation from the second sentence of Article 1(3), the Secretary-General/High Representative shall establish the arrangements for recruitment of seconded military staff.
Article 26

Exchange of Letters

For the purposes of applying Article 1(5), the Exchange of Letters shall take place between the Secretary-General/High Representative and the Permanent Representation of the Member State concerned.
Article 27

Length of secondment

1. By way of derogation from Article 2(1), the length of secondment may not be less than six months nor more than three years and it may be extended successively up to a total period not exceeding four years.

2. By way of derogation from Article 2(3)(b), except in exceptional cases, a period of at least three years must have elapsed between the end of the previous period of secondment and a new secondment, where the conditions so justify and in agreement with the Secretary-General/High Representative.
Article 28

By way of derogation from Article 4(1), seconded military staff acting under the authority of the Secretary-General/High Representative shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.
Article 29

External commitments

By way of derogation from Article 4(2), seconded military staff may not involve the GSC in an external commitment, except under a special mandate granted under the authority of the Secretary-General/High Representative.
Article 30

Security clearance

By way of derogation from Article 4(5), the appropriate level of the seconded military staff member’s security clearance, which may not be lower than SECRET, must be stipulated in the Exchange of Letters referred to in Article 1(5).
Article 31

Professional experience

By way of derogation from Article 6(1), a military staff member working at administrative or advisory level and showing a high degree of competence for the duties to be carried out may be seconded to the GSC.
Article 32

Suspension and termination of secondment

1. Authorisation for Article 7 to be applied to a seconded military staff member shall be given by the Secretary-General/High Representative.

2. By way of derogation from Article 8, secondment may be terminated if the interests of the GSC or of the seconded military staff member’s national administration so require or for any other sufficient cause.
Article 33

Serious failure to comply with obligations

1. By way of derogation from Article 8(3), secondment may be terminated without notice in serious cases of intentional or negligent failure of the seconded military staff member to comply with his obligations. The decision shall be taken by the Secretary-General/High Representative after the person concerned has had an opportunity to submit his defence. Before taking his decision, the Secretary-General/High Representative shall notify the Permanent Representative of the Member State of which the seconded military staff member is a national. Further to that decision, the allowances referred to in Articles 18 and 19 shall no longer be granted.

Prior to the decision referred to in the first paragraph, a seconded military staff member may be suspended where serious failure to comply with his obligations is alleged against him by the Secretary-General/High Representative after the person concerned has been given an opportunity to submit his defence. The allowances referred to in Articles 15 and 16 shall not be paid during this suspension, which may not exceed three months.

2. The Secretary-General/High Representative may bring to the attention of national authorities any violation by a military staff member on secondment of the rules set out or referred to in this Decision.

3. A military staff member on secondment shall continue to be subject to his national disciplinary rules.
Article 34

Working hours

The second sentence of Article 10(2) shall not apply to seconded military staff.
Article 35

Special leave

By way of derogation from Article 12(4), unpaid additional special leave may be granted by the GSC for training by the employer subject to a duly reasoned request by the employer.
Article 36

By way of derogation from Article 15(1) and Article 16, the Exchange of Letters referred to in Article 1(5) may stipulate that allowances provided for therein will not be paid.
Article 37

Place of residence

1. The seconded military staff member is considered as having his place of residence in the capital of the Member State of which he is a national, when, pursuant to Article 17(1), (2) and (3)(a), his place of residence is situated at 150 km or less from the place of secondment.

2. The seconded military staff member is considered as having his place of residence in the capital of the Member State of which he is a national when the place of principal residence of the spouse or of the child (children) referred to in Article 17(3)(b) is situated in a Member State other than that of secondment.
Article 38

The following Decisions shall be repealed:

– Council Decision of 25 June 1997 on the rules applicable to national experts on detachment to the General Secretariat of the Council (Directorate-General for Justice and Home Affairs) in the context of implementation of the plan to step up the fight against organised crime,

– Council Decision of 22 March 1999 on the rules applicable to national experts on detachment to the General Secretariat of the Council (Directorate-General for Justice and Home Affairs) in the context of the collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs,

– Council Decision 2001/41/EC of 22 December 2000 on the rules applicable to national experts on detachment to the General Secretariat of the Council in the context of an exchange system for officials of the General Secretariat of the Council of the European Union and officials of national administrations or of international organisations(2), and

– Council Decision 2001/496/CFSP of 25 June 2001 on the rules applicable to national military staff on secondment to the General Secretariat of the Council in order to form the European Union military staff(3).
Article 39

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

It shall apply from the first day of the month following its entry into force to each new secondment or renewal of secondment.

Done at Luxembourg, 16 June 2003.

For the Council

The President

G. Papandreou

(1) OJ L 27, 30.1.2001, p. 7.

(2) OJ L 11, 16.1.2001, p. 35. Decision as amended by Decision 2002/34/EC (OJ L 15, 17.1.2002, p. 29).

(3) OJ L 181, 4.7.2001, p. 1. Decision as amended by Decision 2002/34/EC.
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community and in particular Article 207(2) thereof,Whereas:(1) Seconded national experts (hereinafter referred to as SNEs) and seconded national military staff (hereinafter referred to as seconded military staff) should enable the General Secretariat of the Council (hereinafter referred to as the GSC) to benefit from the high level of their knowledge and professional experience, in particular in areas where such expertise is not readily available.(2) This Decision should foster the exchange of professional experience and knowledge of European policies by temporarily assigning to the GSC experts from Member States’ administrations. It also seeks to ensure close collaboration between the Council and national administrations or international organisations, by means of the secondment of GSC officials to them.(3) SNEs should be drawn from governments or ministries in Member States or from international organisations.(4) The rights and obligations of SNEs and seconded military staff set out in this Decision should ensure that they carry out their duties solely in the interests of the GSC.(5) In view of the temporary nature of their work and their particular status, SNEs and seconded military staff should not take responsibility on behalf of the GSC for the exercise of its public law prerogatives.(6) This Decision should set out all the conditions of employment of SNEs and seconded military staff and be applicable regardless of the origin of the budgetary appropriations used to cover the expenditure.(7) Special provision should moreover be made for military staff seconded to the GSC to form the European Union military staff.(8) Since these rules replace those laid down in the Decisions of 25 June 1997 and 22 March 1999, as well as in Decision 2001/41/EC and in Decision 2001/496/CFSP, those Decisions should be repealed,HAS DECIDED AS FOLLOWS:CHAPTER I GENERAL PROVISIONSArticle 1Scope1. These Rules are applicable to seconded national experts (SNEs) seconded to the GSC by a national, regional or local public administration. They shall also apply to experts on secondment from an international organisation.2. The persons covered by these Rules shall remain in the service of their employer throughout the period of secondment and shall continue to be paid by that employer.3. The GSC shall recruit SNEs in accordance with requirements and budgetary possibilities. The Deputy Secretary-General shall establish the arrangements for such recruitment.4. Except where the Deputy Secretary-General grants a derogation which is not applicable in the area of the CFSP/ESPD, SNEs must be nationals of a Member State. SNEs shall be recruited on as wide a geographical basis as possible among the nationals of the Member States. The Member States and the GSC shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.5. Secondment shall be implemented by an Exchange of Letters between the Directorate-General for Personnel and Administration of the GSC and the Permanent Representation of the Member State concerned or the international organisation, as appropriate. A copy of the rules applicable to SNEs on secondment to the GSC shall be attached to the Exchange of Letters.Article 2Period of secondment1. The period of secondment may not be less than six months nor exceed two years and may be renewed successively up to a total period not exceeding four years.2. The intended period of secondment shall be fixed at the outset in the exchange of Letters provided for in
1. These Rules are applicable to seconded national experts (SNEs) seconded to the GSC by a national, regional or local public administration. They shall also apply to experts on secondment from an international organisation.

2. The persons covered by these Rules shall remain in the service of their employer throughout the period of secondment and shall continue to be paid by that employer.

3. The GSC shall recruit SNEs in accordance with requirements and budgetary possibilities. The Deputy Secretary-General shall establish the arrangements for such recruitment.

4. Except where the Deputy Secretary-General grants a derogation which is not applicable in the area of the CFSP/ESPD, SNEs must be nationals of a Member State. SNEs shall be recruited on as wide a geographical basis as possible among the nationals of the Member States. The Member States and the GSC shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.

5. Secondment shall be implemented by an Exchange of Letters between the Directorate-General for Personnel and Administration of the GSC and the Permanent Representation of the Member State concerned or the international organisation, as appropriate. A copy of the rules applicable to SNEs on secondment to the GSC shall be attached to the Exchange of Letters.
Period of secondment

1. The period of secondment may not be less than six months nor exceed two years and may be renewed successively up to a total period not exceeding four years.

2. The intended period of secondment shall be fixed at the outset in the exchange of Letters provided for in Article 1(5). The same procedure shall apply in the case of a renewal of the period of secondment.

3. A SNE who has already been seconded to the GSC may be seconded again, in accordance with internal rules laying down maximum periods during which such persons may be present in GSC departments and subject to the following conditions:

(a) the SNE must continue to meet the conditions for secondment;

(b) a period of at least six years must have elapsed between the end of the previous period of secondment and any further secondment; if at the end of the first secondment the SNE has received another, additional contract, the six-year period shall begin to run from the expiry of that contract. This provision shall not prevent the GSC from accepting the secondment of a SNE whose initial secondment lasted for less than four years, but in that case the new secondment shall not exceed the unexpired part of the four-year period.
Place of secondment

SNEs shall be seconded to Brussels or to a GSC liaison office.
1. A SNE shall assist GSC officials or temporary staff and carry out the tasks assigned to him.

The duties carried out shall be defined by mutual agreement between the GSC and the administration which seconds the national expert in the interest of the departments and taking into account the candidate’s qualifications.

2. A SNE shall take part in missions and meetings only:

(a) if accompanying a GSC official or temporary staff member; or

(b) as an observer or solely for information purposes, if alone.

The Director-General of the department concerned may in certain special circumstances derogate from this rule on the basis of a specific mandate given to the SNE, after verifying that there is no potential conflict of interest. Unless a special mandate has been granted, under the authority of the Secretary-General/High Representative, by the Director General of the department concerned, the SNE may not commit the GSC externally.

3. The GSC shall retain sole responsibility for approving the results of tasks performed by the SNE.

4. The GSC departments concerned, the SNE’s employer and the SNE shall make every effort to avoid any conflict of interest or appearance of such a conflict in relation to the SNE’s duties during secondment. To this end, the GSC shall, in good time, inform the SNE and the employer of the intended duties and shall ask each of them to confirm in writing that they know of no reason why the SNE should not be assigned to those duties. The SNE shall be asked in particular to declare any potential conflict between his family circumstances (in particular the professional activities of close family members or any important financial interests of his own, or of close family members) and the proposed duties while on secondment.

The employer and the SNE shall undertake to notify the GSC of any change of circumstances during the secondment which could give rise to any such conflict.

5. Where the GSC considers that the nature of the tasks entrusted to the SNE requires particular security precautions, security clearance shall be obtained before the SNE is seconded.

6. In the event of failure to comply with the provisions of paragraphs 2, 3 and 4, the GSC may terminate the secondment of the SNE under the terms of Article 8.
Rights and obligations

1. During the period of secondment:

(a) a SNE shall carry out his duties and shall behave solely with the interests of the Council in mind;

(b) a SNE shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position at the GSC;

(c) any SNE who, in the performance of his duties, is called upon to give a decision on the handling or outcome of a matter in which he has a personal interest that could impair his independence, shall inform the head of the department to which he is assigned;

(d) a SNE shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the GSC. Permission shall be refused only where the intended publication is liable to prejudice the interests of the European Union;

(e) all rights in any work done by a SNE in the performance of his duties shall be the property of the GSC;

(f) a SNE shall reside at the place of secondment or at no greater distance therefrom as is compatible with the proper performance of his activities;

(g) a SNE shall assist and tender advice to the superior to whom he is assigned and shall be responsible to his superior for the performance of the tasks entrusted to him;

(h) a SNE shall, in the exercise of his duties, accept no instructions from his employer or national government. He shall not undertake any activities for his employer, nor for governments, nor for any other person, private company or public body.

2. Both during and after the period of secondment, a SNE shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties. He shall not in any form whatsoever disclose to any unauthorised person any document or information not already lawfully made public, nor shall he use it for personal gain.

3. At the end of the secondment a SNE shall continue to be bound by the obligation to act with integrity and discretion in the exercise of new duties assigned to him and in accepting certain posts or advantages.

To that end, in the three years following the period of secondment a SNE shall inform the GSC forthwith of any duties or tasks he has to perform for his employer which are likely to give rise to a conflict of interest in relation to the tasks he carried out during secondment.

4. A SNE shall be subject to the security rules in force in the GSC.

5. Failure to comply with the provisions of this Article during the period of secondment shall entitle the GSC to terminate the secondment of a SNE under the terms of Article 8.
Level, professional experience and knowledge of languages

1. To qualify for secondment to the GSC a SNE must have at least three years’ full-time experience of administrative, scientific, technical, advisory or supervisory functions equivalent to those of category A or B as defined in the Staff Regulations of officials of the European Communities and the Conditions of employment applicable to other servants of the Communities. Before the secondment, the SNE’s employer shall supply the GSC with a statement of the expert’s employment covering the previous 12 months.

2. A SNE must have a thorough knowledge of one Community language and a satisfactory knowledge of a second language for the performance of his duties.
Suspension of secondment

1. The GSC may authorise suspensions of secondment and specify the terms applicable. During such suspensions:

(a) the allowances referred to in Articles 15 and 16 shall not be payable;

(b) the expenses referred to in Articles 18 and 19 shall be payable only if the suspension is at the GSC’s request.

2. The GSC shall inform the SNE’s employer.
Termination of periods of secondment

1. Subject to paragraph 2, secondment may be terminated at the request of GSC or of the SNE’s employer, provided three months’ notice is given. It may also be terminated at the SNE’s request provided the same notice is given and subject to the GSC’s agreement.

2. In certain exceptional circumstances the secondment may be terminated without notice:

(a) by the SNE’s employer, if the employer’s essential interests so require,

(b) by agreement between the GSC and the employer, at the request of the SNE to both parties, if the SNE’s essential personal or professional interests so require,

(c) by the GSC in the event of failure by the SNE to comply with his obligations under these rules. The SNE shall first be given an opportunity to submit his defence.

3. In the event of termination under paragraph 2(c), the GSC shall immediately inform the employer.
Social security

1. Before the period of secondment begins, the employer from which the national expert is to be seconded shall certify to the GSC that, throughout the period of secondment, the SNE will remain subject to the social security legislation applicable to the public administration or international organisation which employs the SNE and which will assume responsibility for expenses incurred abroad.

2. From the commencement of his secondment, the SNE shall be covered by the GSC against the risk of accident. The GSC shall provide him with a copy of the terms of this cover on the day on which he reports to the relevant department of the Directorate-General for Personnel and Administration to complete the administrative formalities related to the secondment.
Working hours

1. A SNE shall be subject to the rules in force in the GSC as regards working hours. These rules may be modified by the Deputy Secretary-General where the needs of the department so require.

2. A SNE shall serve on a full-time basis throughout the period of secondment. Following a duly justified request from a Directorate-General and subject to compatibility with the interests of the GSC, the Director-General for Personnel and Administration may authorise a SNE to work part time, after agreement from his employer.

3. Where part-time work is authorised, the SNE shall work at least half of the normal working time.

4. A SNE may work flexible hours only if authorised by the GSC department to which he is assigned. Authorisation shall be forwarded for information to the relevant unit of the Directorate-General for Personnel and Administration.

5. The allowances in force within the GSC for shift-work may be granted to SNEs.
Absence for reasons of sickness or accident

1. In the event of absence for reasons of sickness or accident, a SNE shall notify his superior as soon as possible, stating his present address. He shall produce a medical certificate if absent for more than three days and may be required to undergo a medical examination arranged by the GSC.

2. If absence due to sickness or accident of not more than three days exceeds a total of 12 days over a period of 12 months, a SNE shall be required to produce a medical certificate for any further absence due to sickness.

3. Where the period of sick leave exceeds one month or the period of service performed by the SNE, whichever is the longer, the allowances referred to in Article 15(1) and (2) shall be automatically suspended. This provision shall not apply in the event of illness linked to pregnancy. Sick leave may not extend beyond the duration of the secondment of the person concerned.

4. However, a SNE who is the victim of a work-related injury which occurs during the secondment shall continue to receive, in full, the allowances provided for in Article 15(1) and (2) throughout the period during which he is unfit for work up to the end of the period of secondment.
Annual leave, special leave and holidays

1. A SNE shall be entitled to two-and-a-half working days of leave per whole month of service (30 days per calendar year).

2. Leave is subject to prior authorisation by the department to which the SNE is assigned.

3. A SNE may, on reasoned application, be granted special leave in the following cases:

– marriage of the SNE: two days annually,

– serious illness of spouse: up to three days,

– death of spouse: four days,

– serious illness of a relative in the ascending line: up to two days annually,

– death of a relative in the ascending line: two days,

– birth of a child: two days,

– serious illness of a child: up to two days annually,

– death of a child: four days.

4. Upon a duly justified request by the SNE’s employer, up to two days of special leave in a 12-month period may be granted by the GSC on a case-by-case basis.

5. In the case of part-time work, annual leave shall be reduced accordingly.

6. Days of annual leave not taken by the end of the period of secondment shall be forfeited.
Maternity leave

1. A SNE who is pregnant shall be granted maternity leave of 16 weeks, during which period she shall receive the allowances provided for in Article 15.

2. A SNE who is breastfeeding may on request, on the basis of a medical certificate attesting the fact, be granted special leave for a maximum of four weeks running from the end of her maternity leave, during which period she shall receive the allowances laid down in Article 15.

3. Where the national legislation of the employer of the SNE grants longer maternity leave, the secondment shall be suspended for the period exceeding that granted by the GSC. In that case a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.

4. A SNE may, alternatively, apply for a suspension of the secondment to cover the whole of the periods allowed for maternity and breastfeeding leave. In that case a period equivalent to the suspension shall be added at the end of the secondment if the interests of the GSC warrant it.
Management and control

Management and control of leave shall lie with the administration of the GSC. Control of working time and absences shall be the responsibility of the Directorate-General or department to which the SNE is assigned.
Subsistence allowances

1. A SNE shall be entitled to a daily subsistence allowance throughout the period of secondment. Where the distance between the place of residence and the place of secondment is 150 km or less, the daily allowance shall be EUR 26,78. Where the distance is more than 150 km, the daily allowance shall be EUR 107,1.

2. If the SNE has not received removal expenses from either the GSC or from the employer, an additional monthly allowance shall be paid as shown in the table below:

This allowance shall be paid monthly in arrears.

3. These allowances shall be payable for periods of mission, annual leave, maternity leave, special leave and holidays granted by the GSC.

4. SNEs who during the three years ending six months before the secondment habitually resided or pursued their principal professional activity at a location situated at a distance of 150 km or less from the place of secondment shall receive a daily subsistence allowance of EUR 26,78. For the purpose of this provision, circumstances arising from work done by SNEs for a State other than that of the place of secondment or for an international organisation shall not be taken into account.

5. When the SNE starts the secondment, he shall receive an advance amount equivalent to 75 days of the subsistence allowance, whereupon entitlement to any further such allowances shall cease during the corresponding period. If the secondment to the GSC is ended before the expiry of the period taken into account to calculate the advance, the SNE is obliged to return the amount corresponding to the remaining part of that period.

6. At the time of the exchange of Letters provided for in Article 1(5) the GSC shall be informed of any payment similar to that mentioned in paragraph 1 of this Article received by the SNE. Any such amounts shall be deducted from the allowance paid by the GSC pursuant to the said paragraph 1.

7. Daily and monthly allowances shall be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials in Brussels and Luxembourg.

8. For SNEs seconded to a GSC Liaison Office, the subsistence allowances referred to in this Article may be replaced by a housing allowance where this is justified by the specific circumstances of the country of secondment, subject to a reasoned decision by the Director-General for Administration and Protocol.
Additional flat-rate allowance

1. Except where the place of residence of a SNE is 150 km or less from the place of secondment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowances paid by the GSC and the basic salary payable to an official in step 1 of grade A 8 or grade B 5, depending on the category to which he is assimilated.

2. This allowance shall be adjusted once a year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials.
Place of residence

1. For the purposes of these rules, the place of residence shall be the place where the SNE performed his duties for the employer immediately prior to secondment. The place of secondment shall be the place where the GSC department to which the SNE is assigned is located. Both places shall be identified in the exchange of Letters mentioned in Article 1(5).

2. If, on secondment as a SNE, a national expert is already on secondment on behalf of his employer in a place other than that in which the latter’s head office is located, the place of residence shall be whichever of the two is closer to the place of secondment.

3. The place of residence shall be deemed to be the place of secondment where:

(a) during the three years ending six months before the secondment, the SNE habitually resided or pursued his principal professional activity at a place situated 150 km or less from the place of secondment; or

(b) at the time of the GSC’s request for the secondment, the place of secondment is the principal residence of the SNE’s spouse or of any of his dependent children.

To that end, residence at 150 km or less from the place of secondment is to be treated as residence at that place.

4. For the purposes of applying this Article, circumstances arising from work done by SNEs for a State other than that of the place of secondment or for an international organisation shall not be taken into account.
Travel expenses

1. A SNE whose place of residence is more than 150 km from the place of secondment is entitled to reimbursement of travel expenses:

(a) for himself/herself:

– from the place of residence to the place of secondment at the beginning of the period of secondment;

– from the place of secondment to the place of residence at the end of the period of secondment;

(b) for his spouse and dependent children, provided that they live with the SNE and that the removal is reimbursed by the GSC:

– at the beginning of the secondment, on removal from the place of residence to the place of secondment;

– at the end of the secondment, from the place of secondment to the place of residence.

2. Unless the journey is made by air, the amount shall be reimbursed at a flat rate, limited to the cost of the second-class rail fare, without supplements. This shall also apply to journeys made by car. Where the rail journey exceeds 500 km or where the standard route involves a sea-crossing, air travel may be reimbursed up to actual cost of a reduced-price ticket (PEX or APEX), on production of tickets and boarding cards.

3. By way of derogation from paragraph 1, SNEs who prove that they have changed the place at which they will pursue their principal activity after the secondment shall be entitled to reimbursement of travel expenses to that place within the above limits. The reimbursement may not involve payment of a sum higher than that to which the SNE is entitled in the event of return to the place of residence.

4. If a SNE has effected his removal from his place of residence to his place of secondment, he will be entitled each year to a flat-rate payment equal to the cost of a return journey from his place of secondment to his place of residence for himself, his spouse and any dependent children on the basis of the provisions in force at the GSC.
Removal expenses

1. Unless the second sentence of Article 15(4) applies, a SNE may remove his personal effects from the place of residence to the place of secondment, at the GSC’s expense, after obtaining its prior authorisation, pursuant to rules in force at the GSC at the time concerning reimbursement of removal costs, provided the following conditions are met:

(a) the initial period of secondment must be for two years;

(b) the SNE’s place of residence must be 100 km or more from the place of secondment;

(c) the removal must be completed within six months of the starting date of the secondment;

(d) authorisation must be requested at least two months before the intended date of removal;

(e) the removal costs are not being refunded by the employer;

(f) the SNE must send originals of estimates, receipts and invoices to the GSC and a certificate from the SNE’s employer confirming that the employer is not bearing removal costs.

2. Subject to paragraphs 3 and 4, where the removal to the place of secondment has been reimbursed by the GSC, the SNE shall be entitled at the end of the secondment, after prior authorisation, to reimbursement of removal costs from the place of secondment to the place of residence, pursuant to rules in force in the GSC at the time concerning reimbursement of removal costs, subject to the conditions set out in paragraph 1(d), (e) and (f) above and the following further conditions:

(a) the removal cannot take place earlier than three months before the end of the secondment;

(b) the removal must be completed within six months following the end of the secondment.

3. A SNE whose secondment is terminated at his request or at the employer’s request within two years from the start of the secondment shall not be entitled to reimbursement of removal costs to the place of residence.

4. Where the SNE proves that the place where he will pursue his principal activity after secondment has changed, removal costs to that new place may be reimbursed, but only up to the amount which would have been paid in the case of removal to the place of residence.
Missions and mission expenses

1. A SNE may be sent on mission subject to Article 4.

2. Mission expenses shall be reimbursed in accordance with the provisions in force at the GSC.
A SNE shall be entitled to attend training courses organised by the GSC, if the interests of the GSC warrant it. The reasonable interests of the SNE, having regard in particular to his professional career after the secondment, shall be considered when a decision on permission to attend courses is taken.
Administrative provisions

1. The SNE shall report to the relevant department of the Directorate-General for Personnel and Administration on the first day of secondment to complete the requisite administrative formalities. He shall take up his duties on either the first or the 16th of the month.

2. A SNE assigned to a GSC liaison office shall report to the relevant department of the GSC in his place of secondment.

3. Payments shall be made by the appropriate department of the GSC, in euro, into a bank account opened at a banking institution in the place of secondment.
Rules applying to seconded military staff

Subject to Articles 24 to 33, these Rules shall also apply to military staff seconded to the GSC in order to form the European Union military staff pursuant to Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the military staff of the European Union(1).
Seconded military staff must be on paid service in the armed forces of a Member State throughout their secondment. They must be nationals of a Member State.
Recruitment

By way of derogation from the second sentence of Article 1(3), the Secretary-General/High Representative shall establish the arrangements for recruitment of seconded military staff.
Exchange of Letters

For the purposes of applying Article 1(5), the Exchange of Letters shall take place between the Secretary-General/High Representative and the Permanent Representation of the Member State concerned.
Length of secondment

1. By way of derogation from Article 2(1), the length of secondment may not be less than six months nor more than three years and it may be extended successively up to a total period not exceeding four years.

2. By way of derogation from Article 2(3)(b), except in exceptional cases, a period of at least three years must have elapsed between the end of the previous period of secondment and a new secondment, where the conditions so justify and in agreement with the Secretary-General/High Representative.
By way of derogation from Article 4(1), seconded military staff acting under the authority of the Secretary-General/High Representative shall fulfil the mission, carry out the tasks and perform the duties assigned to them in accordance with the Annex to Decision 2001/80/CFSP.
External commitments

By way of derogation from Article 4(2), seconded military staff may not involve the GSC in an external commitment, except under a special mandate granted under the authority of the Secretary-General/High Representative.
Security clearance

By way of derogation from Article 4(5), the appropriate level of the seconded military staff member’s security clearance, which may not be lower than SECRET, must be stipulated in the Exchange of Letters referred to in Article 1(5).
Professional experience

By way of derogation from Article 6(1), a military staff member working at administrative or advisory level and showing a high degree of competence for the duties to be carried out may be seconded to the GSC.
Suspension and termination of secondment

1. Authorisation for Article 7 to be applied to a seconded military staff member shall be given by the Secretary-General/High Representative.

2. By way of derogation from Article 8, secondment may be terminated if the interests of the GSC or of the seconded military staff member’s national administration so require or for any other sufficient cause.
Serious failure to comply with obligations

1. By way of derogation from Article 8(3), secondment may be terminated without notice in serious cases of intentional or negligent failure of the seconded military staff member to comply with his obligations. The decision shall be taken by the Secretary-General/High Representative after the person concerned has had an opportunity to submit his defence. Before taking his decision, the Secretary-General/High Representative shall notify the Permanent Representative of the Member State of which the seconded military staff member is a national. Further to that decision, the allowances referred to in Articles 18 and 19 shall no longer be granted.

Prior to the decision referred to in the first paragraph, a seconded military staff member may be suspended where serious failure to comply with his obligations is alleged against him by the Secretary-General/High Representative after the person concerned has been given an opportunity to submit his defence. The allowances referred to in Articles 15 and 16 shall not be paid during this suspension, which may not exceed three months.

2. The Secretary-General/High Representative may bring to the attention of national authorities any violation by a military staff member on secondment of the rules set out or referred to in this Decision.

3. A military staff member on secondment shall continue to be subject to his national disciplinary rules.
Working hours

The second sentence of Article 10(2) shall not apply to seconded military staff.
Special leave

By way of derogation from Article 12(4), unpaid additional special leave may be granted by the GSC for training by the employer subject to a duly reasoned request by the employer.
By way of derogation from Article 15(1) and Article 16, the Exchange of Letters referred to in Article 1(5) may stipulate that allowances provided for therein will not be paid.
Place of residence

1. The seconded military staff member is considered as having his place of residence in the capital of the Member State of which he is a national, when, pursuant to Article 17(1), (2) and (3)(a), his place of residence is situated at 150 km or less from the place of secondment.

2. The seconded military staff member is considered as having his place of residence in the capital of the Member State of which he is a national when the place of principal residence of the spouse or of the child (children) referred to in Article 17(3)(b) is situated in a Member State other than that of secondment.
The following Decisions shall be repealed:

– Council Decision of 25 June 1997 on the rules applicable to national experts on detachment to the General Secretariat of the Council (Directorate-General for Justice and Home Affairs) in the context of implementation of the plan to step up the fight against organised crime,

– Council Decision of 22 March 1999 on the rules applicable to national experts on detachment to the General Secretariat of the Council (Directorate-General for Justice and Home Affairs) in the context of the collective evaluation of the enactment, application and effective implementation by the applicant countries of the acquis of the European Union in the field of Justice and Home Affairs,

– Council Decision 2001/41/EC of 22 December 2000 on the rules applicable to national experts on detachment to the General Secretariat of the Council in the context of an exchange system for officials of the General Secretariat of the Council of the European Union and officials of national administrations or of international organisations(2), and

– Council Decision 2001/496/CFSP of 25 June 2001 on the rules applicable to national military staff on secondment to the General Secretariat of the Council in order to form the European Union military staff(3).
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

It shall apply from the first day of the month following its entry into force to each new secondment or renewal of secondment.

Done at Luxembourg, 16 June 2003.

For the Council

The President

G. Papandreou

(1) OJ L 27, 30.1.2001, p. 7.

(2) OJ L 11, 16.1.2001, p. 35. Decision as amended by Decision 2002/34/EC (OJ L 15, 17.1.2002, p. 29).

(3) OJ L 181, 4.7.2001, p. 1. Decision as amended by Decision 2002/34/EC.

Pending: 32003D0467

                                January 15, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine(1), as last amended by Commission Regulation (EC) No 1226/2002(2), and in particular Annex A(I)(4), Annex A(II)(7) and Annex D(I)(E) thereto,Whereas:(1) Directive 64/432/EEC provides that Member States or parts or regions thereof may be declared officially free of tuberculosis, brucellosis and enzootic bovine leukosis as regards bovine herds subject to compliance with certain conditions set out in that Directive.(2) Commission Decision 1999/467/EC(3), as last amended by Decision 2001/26/EC(4), established the official tuberculosis-free status of certain Member States and regions of Member States as regards bovine herds.(3) Commission Decision 1999/466/EC(5), as last amended by Decision 2003/164/EEC(6), established the official brucellosis-free status of certain Member States and regions of Member States as regards bovine herds.(4) Commission Decision 1999/465/EC(7), as last amended by Decision 2003/177/EEC(8), established the official enzootic-bovine-leukosis-free status of certain Member States and regions of Member States.(5) Belgium as regards the territory of that Member State, and Italy as regards the provinces of Ascoli Piceno, Bergamo, Lecco and Sondrio submitted to the Commission documentation demonstrating compliance with all the conditions provided for in Directive 64/432/EEC, in order that the territory of Belgium and those regions of Italy may be declared officially free of tuberculosis as regards bovine herds.(6) Belgium as regards the territory of that Member State, and Italy as regards the region of Sardinia and the provinces of Ascoli Piceno, Bergamo, Como, Lecco, Mantova, Sondrio, Trento and Varese submitted to the Commission documentation demonstrating compliance with all the conditions provided for in Directive 64/432/EEC, in order that the territory of Belgium and those regions of Italy may be declared officially free of brucellosis as regards bovine herds.(7) Italy submitted to the Commission documentation demonstrating compliance with all the conditions provided for in Directive 64/432/EEC, as regards the provinces of Ascoli Piceno, Bergamo, Brescia, Como, Lecco, Mantova, Sondrio and Varese in order that those regions may be declared officially free of enzootic bovine leukosis.(8) In the interests of clarity, the lists of Member States and regions of Member States declared officially free of tuberculosis, brucellosis and enzootic bovine leukosis, as regards bovine herds, should be set out in the same act. Accordingly, Decisions 1999/467/EEC, 1999/466/EEC and 1999/465/EEC should be repealed.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Article 1

Officially tuberculosis-free Member States and Regions of Member States

1. The Member States listed in Chapter 1 of Annex I are declared officially free of tuberculosis as regards bovine herds.

2. The regions of the Member States listed in Chapter 2 of Annex 1 are declared officially free of tuberculosis as regards bovine herds.
Article 2

Officially brucellosis-free Member States and Regions of Member States

1. The Member States listed in Chapter 1 of Annex II are declared officially free of brucellosis as regards bovine herds.

2. The regions of the Member States listed in Chapter 2 of Annex II are declared officially free of brucellosis as regards bovine herds.
Article 3

Officially enzootic-bovine-leukosis-free Member States and Regions of Member States

1. The Member States listed in Chapter 1 of Annex III are declared officially free of enzootic bovine leukosis.

2. The regions of the Member States listed in Chapter 2 of Annex III are declared officially free of enzootic bovine leukosis.
Article 4

Decisions 1999/465/EC, 1999/466/EC and 1999/467/EC are repealed.
Article 5

This Decision is addressed to the Member States.

Done at Brussels, 23 June 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ 121, 29.7.1964, p.1977/64.

(2) OJ L 179, 9.7.2002, p. 13.

(3) OJ L 181, 16.7.1999, p. 36.

(4) OJ L 6, 11.1.2001, p. 18.

(5) OJ L 181, 16.7.1999, p. 34.

(6) OJ L 66, 11.3.2003, p. 49.

(7) OJ L 181, 16.7.1999, p. 32.

(8) OJ L 70, 14.3.2003, p. 50.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine(1), as last amended by Commission Regulation (EC) No 1226/2002(2), and in particular Annex A(I)(4), Annex A(II)(7) and Annex D(I)(E) thereto,Whereas:(1) Directive 64/432/EEC provides that Member States or parts or regions thereof may be declared officially free of tuberculosis, brucellosis and enzootic bovine leukosis as regards bovine herds subject to compliance with certain conditions set out in that Directive.(2) Commission Decision 1999/467/EC(3), as last amended by Decision 2001/26/EC(4), established the official tuberculosis-free status of certain Member States and regions of Member States as regards bovine herds.(3) Commission Decision 1999/466/EC(5), as last amended by Decision 2003/164/EEC(6), established the official brucellosis-free status of certain Member States and regions of Member States as regards bovine herds.(4) Commission Decision 1999/465/EC(7), as last amended by Decision 2003/177/EEC(8), established the official enzootic-bovine-leukosis-free status of certain Member States and regions of Member States.(5) Belgium as regards the territory of that Member State, and Italy as regards the provinces of Ascoli Piceno, Bergamo, Lecco and Sondrio submitted to the Commission documentation demonstrating compliance with all the conditions provided for in Directive 64/432/EEC, in order that the territory of Belgium and those regions of Italy may be declared officially free of tuberculosis as regards bovine herds.(6) Belgium as regards the territory of that Member State, and Italy as regards the region of Sardinia and the provinces of Ascoli Piceno, Bergamo, Como, Lecco, Mantova, Sondrio, Trento and Varese submitted to the Commission documentation demonstrating compliance with all the conditions provided for in Directive 64/432/EEC, in order that the territory of Belgium and those regions of Italy may be declared officially free of brucellosis as regards bovine herds.(7) Italy submitted to the Commission documentation demonstrating compliance with all the conditions provided for in Directive 64/432/EEC, as regards the provinces of Ascoli Piceno, Bergamo, Brescia, Como, Lecco, Mantova, Sondrio and Varese in order that those regions may be declared officially free of enzootic bovine leukosis.(8) In the interests of clarity, the lists of Member States and regions of Member States declared officially free of tuberculosis, brucellosis and enzootic bovine leukosis, as regards bovine herds, should be set out in the same act. Accordingly, Decisions 1999/467/EEC, 1999/466/EEC and 1999/465/EEC should be repealed.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Officially tuberculosis-free Member States and Regions of Member States

1. The Member States listed in Chapter 1 of Annex I are declared officially free of tuberculosis as regards bovine herds.

2. The regions of the Member States listed in Chapter 2 of Annex 1 are declared officially free of tuberculosis as regards bovine herds.
Officially brucellosis-free Member States and Regions of Member States

1. The Member States listed in Chapter 1 of Annex II are declared officially free of brucellosis as regards bovine herds.

2. The regions of the Member States listed in Chapter 2 of Annex II are declared officially free of brucellosis as regards bovine herds.
Officially enzootic-bovine-leukosis-free Member States and Regions of Member States

1. The Member States listed in Chapter 1 of Annex III are declared officially free of enzootic bovine leukosis.

2. The regions of the Member States listed in Chapter 2 of Annex III are declared officially free of enzootic bovine leukosis.
Decisions 1999/465/EC, 1999/466/EC and 1999/467/EC are repealed.
This Decision is addressed to the Member States.

Done at Brussels, 23 June 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ 121, 29.7.1964, p.1977/64.

(2) OJ L 179, 9.7.2002, p. 13.

(3) OJ L 181, 16.7.1999, p. 36.

(4) OJ L 6, 11.1.2001, p. 18.

(5) OJ L 181, 16.7.1999, p. 34.

(6) OJ L 66, 11.3.2003, p. 49.

(7) OJ L 181, 16.7.1999, p. 32.

(8) OJ L 70, 14.3.2003, p. 50.

Pending: 32002D0080

                                January 15, 2026                            

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1), and in particular Article 10(1) thereof,Whereas:(1) Dried figs and pistachios and to a lesser extent hazelnuts originating in or consigned from Turkey have been found to be, in many cases, contaminated with excessive levels of aflatoxin B1 and total aflatoxin.(2) The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, causes cancer of the liver and in addition is genotoxic.(3) Commission Regulation (EC) No 194/97 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs(2), as last amended by Regulation (EC) No 1566/1999(3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. These limits have been considerably exceeded in particular in samples of dried figs originating in or consigned from Turkey.(4) This constitutes a serious threat to public health within the Community and it is therefore imperative to adopt protective measures at Community level.(5) A mission has been carried out by the European Commission’s Food and Veterinary office (FVO) in Turkey from 4 to 8 September 2000 to assess the control systems in place to prevent aflatoxin contamination in hazelnuts, pistachios and dried figs intended for export to the European Community. The mission revealed, inter alia, that the control procedures in place for hazelnut, pistachio and dried fig consignments intended for export into the European Community do not ensure that the consignments comply with the maximum levels established in EC legislation. Insufficient training of responsible officials, insufficient sampling and testing procedures and insufficient evidence that the export certificates correlate to the concerned consignment have been observed. For these commodities originating in or consigned from Turkey, non-compliance with the maximum levels for aflatoxins are continuously observed and reported through the Rapid Alert System for Food. It is therefore appropriate to subject hazelnuts, pistachios and dried figs and products derived thereof originating in or consigned from Turkey to special conditions to provide a high level of protection to public health.(6) It is necessary that dried figs, hazelnuts and pistachios and products derived thereof have been produced, sorted, handled, processed, packaged and transported following good hygiene practices. It is necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from the consignment immediately prior to leaving Turkey.(7) The Turkish authorities should provide documentary evidence to accompany each consignment of dried figs, hazelnuts and pistachios originating in or consigned from Turkey, relating to the conditions of production, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the consignment for levels of aflatoxin B1 and total aflatoxin.(8) It is necessary in order to safeguard public health that consignments of dried figs, hazelnuts and pistachios originating in or consigned from Turkey, imported into the European Community, are subjected to random sampling and analysis for their aflatoxin level by the competent authority of the importing Member State.(9) The Standing Committee for Foodstuffs has been consulted on 2 April 2001,HAS ADOPTED THIS DECISION:Article 11. Member States may not import products falling in any of the following categories, originating in or consigned from Turkey, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the General Directorate of Protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey:- figs and dried figs falling within CN code 0804 20 10 or 0804 20 90,- hazelnuts (Corylus sp) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00,- pistachios falling within CN code 0802 50 00,- mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios,- hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19.2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.4. The competent authorities in each Member State shall ensure that imported dried figs, hazelnuts and pistachios, as mentioned in paragraph 1, originating in or consigned from Turkey are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.5. Member States shall undertake at random sampling and analysis of the consignments of dried figs, hazelnuts and pistachios originating in or consigned from Turkey for aflatoxin B1 and total aflatoxin and shall inform the Commission of the results.Article 2This Decision shall be reviewed before 1 July 2002, in order to assess whether the special conditions, referred to in
Article 1

1. Member States may not import products falling in any of the following categories, originating in or consigned from Turkey, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the General Directorate of Protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey:

– figs and dried figs falling within CN code 0804 20 10 or 0804 20 90,

– hazelnuts (Corylus sp) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00,

– pistachios falling within CN code 0802 50 00,

– mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios,

– hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19.

2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.

3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.

4. The competent authorities in each Member State shall ensure that imported dried figs, hazelnuts and pistachios, as mentioned in paragraph 1, originating in or consigned from Turkey are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.

5. Member States shall undertake at random sampling and analysis of the consignments of dried figs, hazelnuts and pistachios originating in or consigned from Turkey for aflatoxin B1 and total aflatoxin and shall inform the Commission of the results.
Article 2

This Decision shall be reviewed before 1 July 2002, in order to assess whether the special conditions, referred to in Article 1, provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for the special conditions.
Article 3

Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.
Article 4

This Decision is addressed to the Member States.

Done at Brussels, 4 February 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 175, 19.7.1993, p. 1.

(2) OJ L 31, 1.2.1997, p. 48.

(3) OJ L 184, 17.7.1999, p. 17.
THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1), and in particular Article 10(1) thereof,Whereas:(1) Dried figs and pistachios and to a lesser extent hazelnuts originating in or consigned from Turkey have been found to be, in many cases, contaminated with excessive levels of aflatoxin B1 and total aflatoxin.(2) The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, causes cancer of the liver and in addition is genotoxic.(3) Commission Regulation (EC) No 194/97 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs(2), as last amended by Regulation (EC) No 1566/1999(3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. These limits have been considerably exceeded in particular in samples of dried figs originating in or consigned from Turkey.(4) This constitutes a serious threat to public health within the Community and it is therefore imperative to adopt protective measures at Community level.(5) A mission has been carried out by the European Commission’s Food and Veterinary office (FVO) in Turkey from 4 to 8 September 2000 to assess the control systems in place to prevent aflatoxin contamination in hazelnuts, pistachios and dried figs intended for export to the European Community. The mission revealed, inter alia, that the control procedures in place for hazelnut, pistachio and dried fig consignments intended for export into the European Community do not ensure that the consignments comply with the maximum levels established in EC legislation. Insufficient training of responsible officials, insufficient sampling and testing procedures and insufficient evidence that the export certificates correlate to the concerned consignment have been observed. For these commodities originating in or consigned from Turkey, non-compliance with the maximum levels for aflatoxins are continuously observed and reported through the Rapid Alert System for Food. It is therefore appropriate to subject hazelnuts, pistachios and dried figs and products derived thereof originating in or consigned from Turkey to special conditions to provide a high level of protection to public health.(6) It is necessary that dried figs, hazelnuts and pistachios and products derived thereof have been produced, sorted, handled, processed, packaged and transported following good hygiene practices. It is necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from the consignment immediately prior to leaving Turkey.(7) The Turkish authorities should provide documentary evidence to accompany each consignment of dried figs, hazelnuts and pistachios originating in or consigned from Turkey, relating to the conditions of production, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the consignment for levels of aflatoxin B1 and total aflatoxin.(8) It is necessary in order to safeguard public health that consignments of dried figs, hazelnuts and pistachios originating in or consigned from Turkey, imported into the European Community, are subjected to random sampling and analysis for their aflatoxin level by the competent authority of the importing Member State.(9) The Standing Committee for Foodstuffs has been consulted on 2 April 2001,HAS ADOPTED THIS DECISION:Article 11. Member States may not import products falling in any of the following categories, originating in or consigned from Turkey, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the General Directorate of Protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey:- figs and dried figs falling within CN code 0804 20 10 or 0804 20 90,- hazelnuts (Corylus sp) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00,- pistachios falling within CN code 0802 50 00,- mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios,- hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19.2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.4. The competent authorities in each Member State shall ensure that imported dried figs, hazelnuts and pistachios, as mentioned in paragraph 1, originating in or consigned from Turkey are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.5. Member States shall undertake at random sampling and analysis of the consignments of dried figs, hazelnuts and pistachios originating in or consigned from Turkey for aflatoxin B1 and total aflatoxin and shall inform the Commission of the results.Article 2This Decision shall be reviewed before 1 July 2002, in order to assess whether the special conditions, referred to in
1. Member States may not import products falling in any of the following categories, originating in or consigned from Turkey, which are intended for human consumption or to be used as an ingredient in foodstuffs, unless the consignment is accompanied by the results of official sampling and analysis, and by the health certificate in Annex I completed, signed and verified by a representative of the General Directorate of Protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey:

– figs and dried figs falling within CN code 0804 20 10 or 0804 20 90,

– hazelnuts (Corylus sp) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00,

– pistachios falling within CN code 0802 50 00,

– mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios,

– hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19.

2. Consignments may only be imported into the Community through one of the points of entry listed in Annex II.

3. Each consignment shall be identified with a code, which corresponds to the code on the health certificate and on the accompanying report containing the result of the official sampling and analysis referred to in paragraph 1.

4. The competent authorities in each Member State shall ensure that imported dried figs, hazelnuts and pistachios, as mentioned in paragraph 1, originating in or consigned from Turkey are subject to documentary checks to ensure that the requirement for the health certificate and sampling results referred to in paragraph 1 are complied with.

5. Member States shall undertake at random sampling and analysis of the consignments of dried figs, hazelnuts and pistachios originating in or consigned from Turkey for aflatoxin B1 and total aflatoxin and shall inform the Commission of the results.
This Decision shall be reviewed before 1 July 2002, in order to assess whether the special conditions, referred to in Article 1, provide a sufficient level of protection of public health within the Community. The review shall also assess whether there is a continuing need for the special conditions.
Member States shall take the measures necessary to comply with this Decision. They shall inform the Commission thereof.
This Decision is addressed to the Member States.

Done at Brussels, 4 February 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 175, 19.7.1993, p. 1.

(2) OJ L 31, 1.2.1997, p. 48.

(3) OJ L 184, 17.7.1999, p. 17.
>PIC FILE= “L_2002034EN.002802.TIF”>
List of points of entry through which figs, hazelnuts and pistachios and products derived thereof originating in or consigned from Turkey may be imported into the European Community

(b)	the following, as approved in advance by the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’):(i)the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;(ii)the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;(iii)the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);(iv)the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);	(i)	the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;	(ii)	the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;	(iii)	the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);	(iv)	the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);
(i)	the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;
(ii)	the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;
(iii)	the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);
(iv)	the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

	Name (and possible aliases)	Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)	Grounds for designation	Date of UN designation
1.	BLÉ GOUDÉ, Charles (alias Général; Génie de kpo, Gbapé Zadi)	d.o.b.: 1.1.1972Nationality: IvorianP.: 04LE66241 République de Côte d’Ivoire issued on 10.11.2005 valid until 9.11.2008PD.: AE/088 DH 12 République de Côte d’Ivoire issued on 20.12.2002 valid until 11.12.2005P.: 98LC39292 République de Côte d’Ivoire issued on 24.11.2000 valid until 23.11.2003Place of birth: Guibéroua (Gagnoa) or Niagbrahio/Guiberoua or GuiberouaAddress known in 2001: Yopougon Selmer, Bloc P 170; also at Hotel IvoireAddress declared in travel document No C2310421 issued by Switzerland on 15.11.2005 and valid until 31.12.2005: Abidjan, Cocody	Leader of COJEP (‘Young Patriots’) repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; intimidation of the United Nations, the International Working Group (IWG), the political opposition and independent press; sabotage of international radio stations; obstacle to the action of the IWG, the United Nations Operation in Côte d’Ivoire (UNOCI), the French forces and to the peace process as defined by resolution 1643 (2005).	7 February 2006
2.	DJUÉ, Eugène N’goran Kouadio	d.o.b.: 1.1.1966 or 20.12.1969Nationality: IvorianP.: 04 LE 017521 issued on 10 February 2005 and valid until 10 February 2008	Leader of the Union des Patriotes pour la Libération Totale de la Côte d’Ivoire (UPLTCI). Repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; obstacle to the action of IWG, UNOCI, the French forces and to the peace process as defined by resolution 1643 (2005).	7 February 2006
3.	FOFIE, Martin Kouakou	d.o.b.: 1.1.1968Nationality: IvorianPlace of birth: BOHI, Côte d’IvoireBurkina Faso Identity Card Number: 2096927 issued on 17 March 2005Burkina Faso Nationality Certificate: CNB N.076 (17 February 2003)Father’s name: Yao Koffi FOFIEMother’s name: Ama Krouama KOSSONOUCôte d’Ivoire Identity Card Number: 970860100249 issued on 5 August 1997 valid until 5 August 2007	Chief Corporal New Force Commandant, Korhogo Sector. Forces under his command engaged in recruitment of child soldiers, abductions, imposition of forced labour, sexual abuse of women, arbitrary arrests and extra-judicial killings, contrary to human rights conventions and to international humanitarian law: obstacle to the action of the IWG, UNOCI, French forces and to the peace process as defined by resolution 1643 (2005).	7 February 2006

(b)	originate in the following third countries and parts thereof:(i)in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;(ii)in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.	(i)	in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;	(ii)	in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.
(i)	in the case of meat products and treated stomachs, bladders and intestines not subject to a specific treatment as referred to in point 1(b) of Annex I, the third countries listed in Part 2 of Annex II and the parts thereof listed in Part 1 of that Annex;
(ii)	in the case of meat products and treated stomachs, bladders and intestines subject to a specific treatment as referred to in point 2(a)(ii) of Annex I, the third countries listed in Parts 2 and 3 of Annex II and the parts thereof listed in Part 1 of that Annex.

(a)	the meat products and/or treated stomachs, bladders and intestines must:(i)contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and(ii)have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;	(i)	contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and	(ii)	have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;
(i)	contain meat and/or meat products derived from a single species or animal, as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and
(ii)	have undergone at least the specific treatment required for meat of that species or animal, as set out in Part 4 of Annex II;

(b)	the meat products and/or treated stomachs, bladders and intestines must:(i)contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and(ii)have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;	(i)	contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and	(ii)	have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;
(i)	contain fresh, processed or partly processed meat of more than one species or animal, as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment, as set out in Part 4 of Annex II; and
(ii)	have undergone the final treatment referred to in (i) that must be at least as severe as the most severe treatment set out in Part 4 of Annex II for meat of the species or animals concerned, as set out under the relevant column in Parts 2 and 3 of Annex II;

(c)	the final meat products and/or treated stomachs, bladders and intestines must:(i)be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and(ii)have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.	(i)	be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and	(ii)	have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.
(i)	be prepared by mixing previously treated meat or treated stomachs, bladders and intestines of more than one species or animal; and
(ii)	have undergone the previous treatment referred to in (i) that must have been at least as severe as the relevant treatment set out in Part 4 of Annex II for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II for each meat component of the meat product and treated stomachs, bladders and intestines.

Country	Territory	Description of territory
ISO code	Version
Argentina	AR	01/2004	Whole country
AR-1	01/2004	The whole country, except the Provinces of Chubut, Santa Cruz and Tierra del Fuego for the species covered by Decision 79/542/EEC (as last amended)
AR-2	01/2004	The Provinces of Chubut, Santa Cruz and Tierra del Fuego for the species covered by Decision 79/542/EEC (as last amended)
Brazil	BR	01/2004	Whole country
BR-1	01/2005	States of Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul
BR-2	01/2005	Part of the State of Mato Grosso do Sul (except for the municipalities of Sonora, Aquidauana, Bodoqueno, Bonito, Caracol, Coxim, Jardim, Ladario, Miranda, Pedro Gomes, Porto Murtinho, Rio Negro, Rio Verde of Mato Grosso and Corumbá);State of Paraná;State of Sao Paulo;Part of the State of Minas Gerais (except the regional delegations of Oliveira, Passos, São Gonçalo de Sapucai, Setelagoas and Bambuí);State of Espíritu Santo;State of Rio Grande do Sul;State of Santa Catarina;State of Goias;Part of the State of Mato Grosso comprising:the regional unit of Cuiaba (except for the municipalities of San Antonio de Leverger, Nossa Senhora do Livramento, Pocone and Barão de Melgaço); the regional unit of Caceres (except for the municipality of Caceres); the regional unit of Lucas do Rio Verde; the regional unit of Rondonopolis (except for the municipality of Itiquiora); the regional unit of Barra do Garça and the regional unit of Barra do Burgres.
BR-3	01/2005	States of Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo
Malaysia	MY	01/2004	Whole country
MY-1	01/2004	Peninsular (Western) Malaysia only
Namibia	NA	01/2005	Whole country
NA-1	01/2005	South of the cordon fences which extend from Palgrave Point in the west to Gam in the east
South Africa	ZA	01/2005	Whole country
ZA-1	01/2005	The whole country except:the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and Northern provinces, the district of Ingwavuma in the veterinary region of Natal and in the border area with Botswana east of longitude 28°, and the district of Camperdown in the province of KwaZuluNatal.

B	=	Treatment in a hermetically sealed container to an Fovalue of three or more.
C	=	A minimum temperature of 80 °C which must be reached throughout the meat and/or stomachs, bladders and intestines during the processing of the meat product and treated stomachs, bladders and intestines.
D	=	A minimum temperature of 70 °C which must be reached throughout the meat and/or stomachs, bladders and intestines during the processing of meat products and treated stomachs, bladders and intestines, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:—Awvalue of not more than 0,93,—pH value of not more than 6,0.	—	Awvalue of not more than 0,93,	—	pH value of not more than 6,0.
—	Awvalue of not more than 0,93,
—	pH value of not more than 6,0.
E	=	In the case of ‘biltong’-type products, a treatment to achieve:—Awvalue of not more than 0,93,—pH value of not more than 6,0.	—	Awvalue of not more than 0,93,	—	pH value of not more than 6,0.
—	Awvalue of not more than 0,93,
—	pH value of not more than 6,0.
F	=	A heat treatment ensuring that a centre temperature of at least 65 °C is reached for a period of time as necessary to achieve a pasteurisation value (pv) equal to or above 40.

(8)	Therefore, Article 2(2) of Directive 2003/43/EC provides that:—up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,—after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.	—	up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,	—	after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.
—	up until 31 December 2004, Member States shall authorise imports of semen of domestic animals of bovine species collected, processed, stored before 31 December 2004 and accompanied by a certificate in accordance with the models provided for before the amendments introduced by Directive 2003/43/EC,
—	after this date, Member States shall not authorise imports of semen of domestic animals of bovine species in accordance with the provisions formerly in force unless it was collected, processed and stored before 31 December 2004.

ISO code	Country
AU	Australia
CA	Canada
CH	Switzerland
NZ	New Zealand
RO	Romania
US	United States of America

(c)	‘coastal zone’ means a zone consisting of a part of the coast or sea water or an estuary:(i)which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or(ii)which is situated between the mouths of two watercourses, or(iii)where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;	(i)	which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or	(ii)	which is situated between the mouths of two watercourses, or	(iii)	where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;
(i)	which has a precise geographical delimitation and consists of a homogeneous hydrological system or a series of such systems, or
(ii)	which is situated between the mouths of two watercourses, or
(iii)	where there are one or more farms and all farms are surrounded by appropriate buffer zones on both sides of the farm or farms;

(d)	‘continental zone’ means a zone consisting of either:(i)a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or(ii)a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.The size and the geographical situation of the continental zone must be such that the possibilities for recontamination e.g. by migrating fish are reduced to a minimum;	(i)	a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or	(ii)	a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.
(i)	a part of the territory comprising an entire catchment area from the sources of the waterways to the estuary or more than one catchment area in which fish is reared, kept or caught, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone, or
(ii)	a part of a catchment area from the sources of the waterways to a natural or artificial barrier preventing fish migrating from downstream of that barrier, as necessary surrounded by a buffer zone in which a monitoring program is carried out without the necessity of obtaining the status of an approved zone.

(e)	‘designated farm’ means either:(i)a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or(ii)an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;	(i)	a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or	(ii)	an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;
(i)	a coastal farm in a third country subject to all necessary measures to prevent the introduction of diseases and to which the water is supplied by means of a system which ensures the complete inactivation of the following pathogens: infectious salmon anaemia (ISA), viral heamorrhagic septicaemia (VHS) and infectious haemorrhagic necrosis (IHN), or
(ii)	an inland farm in a third country subject to all necessary measures to prevent the introduction of diseases. The farm is, if necessary, protected against flooding and infiltration of water, and there is a natural or artificial barrier situated down stream, which prevents fish from entering the farm. The water is supplied directly to the farm from a borehole, spring, or well, channelled through a pipe, open channel or a natural conduit, which does not constitute a source of infection for the farm and does not allow the introduction of wild fish. The water channel is under the control of the farm or of the competent authorities;

(c)	the consignment consists of consumer-ready packages of a size suitable for retail sale directly to the end consumer, like(i)vacuum packed filets,(ii)hermetically sealed or other heat-treated products,(iii)frozen blocks of fish meat,(iv)eviscerated fish frozen or placed on ice.	(i)	vacuum packed filets,	(ii)	hermetically sealed or other heat-treated products,	(iii)	frozen blocks of fish meat,	(iv)	eviscerated fish frozen or placed on ice.
(i)	vacuum packed filets,
(ii)	hermetically sealed or other heat-treated products,
(iii)	frozen blocks of fish meat,
(iv)	eviscerated fish frozen or placed on ice.