Pending: 32012D0329

January 16, 2026
26.6.2012 EN Official Journal of the European Union L 165/62
(1) On 8 December 2011, the Council adopted Decision 2011/819/CFSP(1)appointing Mr Alexander RONDOS as the European Union Special Representative (EUSR) for the Horn of Africa. The EUSR’s mandate is to expire on 30 June 2012.
(2) The mandate of the EUSR should be extended for a further period of 12 months.
(3) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,
(a) engage with all relevant stakeholders of the region, governments, existing regional authorities, international and regional organisations, civil society and diasporas, with a view to furthering the Union’s objectives and contribute to a better understanding of the role of the Union in the region;
(b) represent the Union in relevant international fora, as appropriate, and ensure visibility for Union support to crisis management and prevention;
(c) encourage and support effective political cooperation and economic integration in the region through the Union’s partnership with the African Union (AU) and sub-regional organisations;
(d) contribute to the implementation of the Union’s policy towards the Horn of Africa, in close cooperation with the European External Action Service (EEAS), Union delegations in the region and the Commission;
(e) with regard to Somalia, and working in close coordination with relevant regional and international partners, contribute actively to actions and initiatives leading to the implementation of the Djibouti Peace Agreement and its post-transition arrangements, supporting institution-building, the rule of law, and the establishment of capable governance structures at all levels; improving security; promoting justice, national reconciliation and respect for human rights; improving humanitarian access, especially in South-Central Somalia through appropriate advocacy activities regarding respect for international humanitarian law; and safeguarding compliance with the humanitarian principles of humanity, neutrality, impartiality and independence;
(f) maintain close and active cooperation with the United Nations Secretary-General Special Representative for Somalia, participate in the work of the International Contact Group for Somalia and other relevant fora, and promote a coordinated and coherent international approach towards Somalia, including, through the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia), EUNAVFOR Atalanta, EUCAP Nestor and the Union’s continued support to the African Union Mission in Somalia (AMISOM), working closely with Member States;
(g) closely follow the regional dimension of the Somali crisis, including terrorism, arms smuggling, refugee and migration flows, and maritime security, piracy and related financial flows;
(h) regarding piracy, maintain an overview of all Union actions within the EEAS, the Commission and Member States, and maintain regular high level political contacts with the countries in the region affected by piracy originating in Somalia, the regional organisations, the UN Contact Group on Piracy off the Coast of Somalia, the UN and other key actors in order to ensure a coherent and comprehensive approach to piracy and to ensure the Union’s key role in the international efforts to fight piracy. This includes the Union’s active support to regional maritime capacity-building and for the judicial treatment of pirates, and ensuring that the root causes of piracy within Somalia are adequately addressed. It also includes continued support to the ESA/IO region in the implementation of its counter piracy strategy and action plan as well as the Djibouti Code of Conduct;
(i) follow political developments in the region and contribute to the development of the Union policy towards the region, including in relation to the Ethiopia-Eritrea border issue and implementation of the Algiers Agreement, the Nile Basin initiative and other concerns in the region that impact on its security, stability and prosperity;
(j) follow closely the trans-boundary challenges affecting the Horn of Africa, including any political and security consequences of humanitarian crises;
(k) contribute to the implementation of the Union’s human rights policy in the Horn of Africa, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union’s policy on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard.
(a) advise and report on the definition of Union positions in international fora, as appropriate, in order to promote proactively the Union’s comprehensive policy approach towards the Horn of Africa;
(b) maintain an overview of all activities of the Union and cooperate closely with all relevant Union delegations;
(c) establish a presence in Mogadishu.
(a) establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;
(b) ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c) ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d) ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
(1) On 8 December 2011, the Council adopted Decision 2011/819/CFSP(1)appointing Mr Alexander RONDOS as the European Union Special Representative (EUSR) for the Horn of Africa. The EUSR’s mandate is to expire on 30 June 2012.
(2) The mandate of the EUSR should be extended for a further period of 12 months.
(3) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,
HAS ADOPTED THIS DECISION:

European Union Special Representative
Article 1
The mandate of Mr Alexander RONDOS as the EUSR for the Horn of Africa is hereby extended until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
For the purposes of the mandate of the EUSR, the Horn of Africa is defined as comprising the Republic of Djibouti, the State of Eritrea, the Federal Democratic Republic of Ethiopia, the Republic of Kenya, Somalia, the Republic of the Sudan, the Republic of South Sudan and the Republic of Uganda. For issues with broader regional implications, including piracy, the EUSR shall engage with countries and regional entities beyond the Horn of Africa, as appropriate.
In view of the need for a regional approach to the inter-related challenges facing the region, the EUSR for the Horn of Africa shall work in close consultation with the EUSR for Sudan and South Sudan who shall retain primary responsibility for those two countries.

Policy objectives
Article 2
1. The mandate of the EUSR shall be based on the policy objectives of the Union in relation to the Horn of Africa as set out in its strategic framework adopted on 14 November 2011 to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. The EUSR shall furthermore aim to enhance the quality, intensity, impact and visibility of the Union’s multi-faceted engagement in the Horn of Africa.
2. Priority shall continue to be given to Somalia, to the regional dimensions of the conflict and to piracy which has its root causes in the instability of Somalia.
3. With regard to Somalia, the Union’s policy objectives aim, through the coordinated and effective use of all its instruments, to promote a return for Somalia and its people to a path of peace and prosperity. To that end, the Union supports the role of the United Nations (UN) in facilitating a credible and inclusive Somali-led political process and will continue to contribute actively, together with regional and international partners, to the implementation of the Djibouti Peace Agreement and its post-transition arrangements.
4. Regarding piracy, the EUSR’s role shall be to contribute to developing and implementing a coherent, effective and balanced Union approach to piracy originating in Somalia, encompassing all aspects of Union action, particularly in the political, security and development areas and to be the Union’s key interlocutor on piracy for the international community, including the Eastern and Southern Africa and Indian Ocean (ESA/IO) region.

Mandate
Article 3
1. In order to achieve the Union’s policy objectives in relation to the Horn of Africa, the mandate of the EUSR shall be to:
(a)
engage with all relevant stakeholders of the region, governments, existing regional authorities, international and regional organisations, civil society and diasporas, with a view to furthering the Union’s objectives and contribute to a better understanding of the role of the Union in the region;
(b)
represent the Union in relevant international fora, as appropriate, and ensure visibility for Union support to crisis management and prevention;
(c)
encourage and support effective political cooperation and economic integration in the region through the Union’s partnership with the African Union (AU) and sub-regional organisations;
(d)
contribute to the implementation of the Union’s policy towards the Horn of Africa, in close cooperation with the European External Action Service (EEAS), Union delegations in the region and the Commission;
(e)
with regard to Somalia, and working in close coordination with relevant regional and international partners, contribute actively to actions and initiatives leading to the implementation of the Djibouti Peace Agreement and its post-transition arrangements, supporting institution-building, the rule of law, and the establishment of capable governance structures at all levels; improving security; promoting justice, national reconciliation and respect for human rights; improving humanitarian access, especially in South-Central Somalia through appropriate advocacy activities regarding respect for international humanitarian law; and safeguarding compliance with the humanitarian principles of humanity, neutrality, impartiality and independence;
(f)
maintain close and active cooperation with the United Nations Secretary-General Special Representative for Somalia, participate in the work of the International Contact Group for Somalia and other relevant fora, and promote a coordinated and coherent international approach towards Somalia, including, through the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia), EUNAVFOR Atalanta, EUCAP Nestor and the Union’s continued support to the African Union Mission in Somalia (AMISOM), working closely with Member States;
(g)
closely follow the regional dimension of the Somali crisis, including terrorism, arms smuggling, refugee and migration flows, and maritime security, piracy and related financial flows;
(h)
regarding piracy, maintain an overview of all Union actions within the EEAS, the Commission and Member States, and maintain regular high level political contacts with the countries in the region affected by piracy originating in Somalia, the regional organisations, the UN Contact Group on Piracy off the Coast of Somalia, the UN and other key actors in order to ensure a coherent and comprehensive approach to piracy and to ensure the Union’s key role in the international efforts to fight piracy. This includes the Union’s active support to regional maritime capacity-building and for the judicial treatment of pirates, and ensuring that the root causes of piracy within Somalia are adequately addressed. It also includes continued support to the ESA/IO region in the implementation of its counter piracy strategy and action plan as well as the Djibouti Code of Conduct;
(i)
follow political developments in the region and contribute to the development of the Union policy towards the region, including in relation to the Ethiopia-Eritrea border issue and implementation of the Algiers Agreement, the Nile Basin initiative and other concerns in the region that impact on its security, stability and prosperity;
(j)
follow closely the trans-boundary challenges affecting the Horn of Africa, including any political and security consequences of humanitarian crises;
(k)
contribute to the implementation of the Union’s human rights policy in the Horn of Africa, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union’s policy on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard.
2. For the purpose of the fulfilment of the mandate, the EUSR shall, inter alia:
(a)
advise and report on the definition of Union positions in international fora, as appropriate, in order to promote proactively the Union’s comprehensive policy approach towards the Horn of Africa;
(b)
maintain an overview of all activities of the Union and cooperate closely with all relevant Union delegations;
(c)
establish a presence in Mogadishu.

Implementation of the mandate
Article 4
1. The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
2. The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
3. The EUSR shall work in close coordination with the EEAS and its relevant departments.

Financing
Article 5
1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 July 2012 to 30 June 2013 shall be EUR 4 900 000.
2. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Constitution and composition of the team
Article 6
1. Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
2. Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
3. All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.

Privileges and immunities of the EUSR and the staff of the EUSR
Article 7
The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host country/countries, as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Security of EU classified information
Article 8
The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information(2).

Access to information and logistical support
Article 9
1. Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
2. The Union delegations and/or the Member States, as appropriate, shall provide logistical support in the region.

Security
Article 10
In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:
(a)
establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;
(b)
ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c)
ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d)
ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

Reporting
Article 11
1. The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
2. The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with Union delegations in the region.

Coordination
Article 12
1. The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of Union delegations and of the Commission, as well as those of other EUSRs active in the region, in particular with the EUSR for Sudan and South Sudan and the EUSR to the AU. The EUSR shall provide Member States’ missions and Union delegations in the region with regular briefings.
2. In the field, close liaison shall be maintained with the Heads of Union delegations and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the relevant Union delegations, shall provide local political guidance to the Force Commander of EUNAVFOR Atalanta, the Mission Commander of EUTM Somalia and the Head of EUCAP Nestor. The EUSR, the EU Operation Commanders and the Civilian Operation Commander shall consult each other as required.
3. The EUSR shall closely cooperate with the authorities of the countries involved, the UN, the AU, the Intergovernmental Authority on Development (IGAD), other national, regional and international stakeholders, and also with civil society in the region.

Review
Article 13
The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2012 and a comprehensive mandate implementation report at the end of the mandate.

Entry into force
Article 14
This Decision shall enter into force on the day of its adoption.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
(1) On 8 December 2011, the Council adopted Decision 2011/819/CFSP(1)appointing Mr Alexander RONDOS as the European Union Special Representative (EUSR) for the Horn of Africa. The EUSR’s mandate is to expire on 30 June 2012.
(2) The mandate of the EUSR should be extended for a further period of 12 months.
(3) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,
HAS ADOPTED THIS DECISION:

European Union Special Representative

The mandate of Mr Alexander RONDOS as the EUSR for the Horn of Africa is hereby extended until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
For the purposes of the mandate of the EUSR, the Horn of Africa is defined as comprising the Republic of Djibouti, the State of Eritrea, the Federal Democratic Republic of Ethiopia, the Republic of Kenya, Somalia, the Republic of the Sudan, the Republic of South Sudan and the Republic of Uganda. For issues with broader regional implications, including piracy, the EUSR shall engage with countries and regional entities beyond the Horn of Africa, as appropriate.
In view of the need for a regional approach to the inter-related challenges facing the region, the EUSR for the Horn of Africa shall work in close consultation with the EUSR for Sudan and South Sudan who shall retain primary responsibility for those two countries.

Policy objectives

1. The mandate of the EUSR shall be based on the policy objectives of the Union in relation to the Horn of Africa as set out in its strategic framework adopted on 14 November 2011 to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. The EUSR shall furthermore aim to enhance the quality, intensity, impact and visibility of the Union’s multi-faceted engagement in the Horn of Africa.
2. Priority shall continue to be given to Somalia, to the regional dimensions of the conflict and to piracy which has its root causes in the instability of Somalia.
3. With regard to Somalia, the Union’s policy objectives aim, through the coordinated and effective use of all its instruments, to promote a return for Somalia and its people to a path of peace and prosperity. To that end, the Union supports the role of the United Nations (UN) in facilitating a credible and inclusive Somali-led political process and will continue to contribute actively, together with regional and international partners, to the implementation of the Djibouti Peace Agreement and its post-transition arrangements.
4. Regarding piracy, the EUSR’s role shall be to contribute to developing and implementing a coherent, effective and balanced Union approach to piracy originating in Somalia, encompassing all aspects of Union action, particularly in the political, security and development areas and to be the Union’s key interlocutor on piracy for the international community, including the Eastern and Southern Africa and Indian Ocean (ESA/IO) region.

Mandate

1. In order to achieve the Union’s policy objectives in relation to the Horn of Africa, the mandate of the EUSR shall be to:
(a)
engage with all relevant stakeholders of the region, governments, existing regional authorities, international and regional organisations, civil society and diasporas, with a view to furthering the Union’s objectives and contribute to a better understanding of the role of the Union in the region;
(b)
represent the Union in relevant international fora, as appropriate, and ensure visibility for Union support to crisis management and prevention;
(c)
encourage and support effective political cooperation and economic integration in the region through the Union’s partnership with the African Union (AU) and sub-regional organisations;
(d)
contribute to the implementation of the Union’s policy towards the Horn of Africa, in close cooperation with the European External Action Service (EEAS), Union delegations in the region and the Commission;
(e)
with regard to Somalia, and working in close coordination with relevant regional and international partners, contribute actively to actions and initiatives leading to the implementation of the Djibouti Peace Agreement and its post-transition arrangements, supporting institution-building, the rule of law, and the establishment of capable governance structures at all levels; improving security; promoting justice, national reconciliation and respect for human rights; improving humanitarian access, especially in South-Central Somalia through appropriate advocacy activities regarding respect for international humanitarian law; and safeguarding compliance with the humanitarian principles of humanity, neutrality, impartiality and independence;
(f)
maintain close and active cooperation with the United Nations Secretary-General Special Representative for Somalia, participate in the work of the International Contact Group for Somalia and other relevant fora, and promote a coordinated and coherent international approach towards Somalia, including, through the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia), EUNAVFOR Atalanta, EUCAP Nestor and the Union’s continued support to the African Union Mission in Somalia (AMISOM), working closely with Member States;
(g)
closely follow the regional dimension of the Somali crisis, including terrorism, arms smuggling, refugee and migration flows, and maritime security, piracy and related financial flows;
(h)
regarding piracy, maintain an overview of all Union actions within the EEAS, the Commission and Member States, and maintain regular high level political contacts with the countries in the region affected by piracy originating in Somalia, the regional organisations, the UN Contact Group on Piracy off the Coast of Somalia, the UN and other key actors in order to ensure a coherent and comprehensive approach to piracy and to ensure the Union’s key role in the international efforts to fight piracy. This includes the Union’s active support to regional maritime capacity-building and for the judicial treatment of pirates, and ensuring that the root causes of piracy within Somalia are adequately addressed. It also includes continued support to the ESA/IO region in the implementation of its counter piracy strategy and action plan as well as the Djibouti Code of Conduct;
(i)
follow political developments in the region and contribute to the development of the Union policy towards the region, including in relation to the Ethiopia-Eritrea border issue and implementation of the Algiers Agreement, the Nile Basin initiative and other concerns in the region that impact on its security, stability and prosperity;
(j)
follow closely the trans-boundary challenges affecting the Horn of Africa, including any political and security consequences of humanitarian crises;
(k)
contribute to the implementation of the Union’s human rights policy in the Horn of Africa, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union’s policy on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard.
2. For the purpose of the fulfilment of the mandate, the EUSR shall, inter alia:
(a)
advise and report on the definition of Union positions in international fora, as appropriate, in order to promote proactively the Union’s comprehensive policy approach towards the Horn of Africa;
(b)
maintain an overview of all activities of the Union and cooperate closely with all relevant Union delegations;
(c)
establish a presence in Mogadishu.

Implementation of the mandate

1. The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
2. The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
3. The EUSR shall work in close coordination with the EEAS and its relevant departments.

Financing

1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 July 2012 to 30 June 2013 shall be EUR 4 900 000.
2. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Constitution and composition of the team

1. Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
2. Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
3. All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.

Privileges and immunities of the EUSR and the staff of the EUSR

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host country/countries, as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Security of EU classified information

The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information(2).

Access to information and logistical support

1. Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
2. The Union delegations and/or the Member States, as appropriate, shall provide logistical support in the region.

Security

In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:
(a)
establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;
(b)
ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c)
ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d)
ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

Reporting

1. The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
2. The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with Union delegations in the region.

Coordination

1. The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of Union delegations and of the Commission, as well as those of other EUSRs active in the region, in particular with the EUSR for Sudan and South Sudan and the EUSR to the AU. The EUSR shall provide Member States’ missions and Union delegations in the region with regular briefings.
2. In the field, close liaison shall be maintained with the Heads of Union delegations and Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the relevant Union delegations, shall provide local political guidance to the Force Commander of EUNAVFOR Atalanta, the Mission Commander of EUTM Somalia and the Head of EUCAP Nestor. The EUSR, the EU Operation Commanders and the Civilian Operation Commander shall consult each other as required.
3. The EUSR shall closely cooperate with the authorities of the countries involved, the UN, the AU, the Intergovernmental Authority on Development (IGAD), other national, regional and international stakeholders, and also with civil society in the region.

Review

The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2012 and a comprehensive mandate implementation report at the end of the mandate.

Entry into force

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

Pending: 32012D0325

January 16, 2026
26.6.2012 EN Official Journal of the European Union L 165/49
(1) On 11 August 2010, the Council adopted Decision 2010/450/CFSP(1)appointing Mrs Rosalind MARSDEN as the European Union Special Representative (EUSR) for Sudan.
(2) On 1 August 2011, the Council adopted Decision 2011/499/CFSP(2)which modified the mandate and the title of the EUSR in view of the declaration of independence by South Sudan. The EUSR’s mandate is to expire on 30 June 2012.
(3) The mandate of the EUSR should be extended for a further period of 12 months.
(4) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,
(a) liaise with the Government of Sudan, the Government of South Sudan, Sudanese and South Sudanese political parties, the armed and rebel movements in Sudan and South Sudan, as well as civil society and non-governmental organisations, with the aim of pursuing the Union’s policy objectives;
(b) maintain close cooperation with the UN, including the UN Mission in South Sudan (Unmiss), the UN Interim Security Force for Abyei (UNISFA) and the UN Special Envoy, the AU and in particular the AU High-Level Implementation Panel for Sudan (AUHIP), the AU/UN hybrid operation in Darfur (Unamid), the League of Arab States (LAS), the Inter-Governmental Agency for Development (IGAD), and other leading regional and international stakeholders;
(c) represent the Union and promote its policy objectives and positions in international and public fora, as appropriate;
(d) contribute to furthering the coherence and effectiveness of Union policy towards Sudan and South Sudan while promoting a consistent international approach towards the two countries;
(e) contribute to international mediation efforts led by AUHIP to facilitate agreement between Sudan and South Sudan on outstanding post-CPA issues and to find an inclusive political solution to the ongoing conflict in Southern Kordofan and Blue Nile states;
(f) support the implementation of issues agreed under the CPA and eventual implementation of agreements on post-CPA issues;
(g) promote institution-building inside South Sudan;
(h) contribute to international efforts to facilitate a comprehensive, inclusive and durable peace agreement for Darfur and to promote the implementation of the Doha Document, working closely with the UN, the AU, the Government of Qatar and other international stakeholders, as appropriate;
(i) promote respect for human rights by maintaining regular contacts with the relevant authorities in Sudan and South Sudan, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights observers active in the region;
(j) contribute to the implementation of the Union’s human rights policy, including the EU Guidelines on human rights, in particular the EU Guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union policy regarding UN Security Council Resolution 1325 (2000) on women, peace and security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;
(k) contribute to the implementation of a comprehensive Union approach to Sudan and South Sudan as agreed by the Foreign Affairs Council on 20 June 2011;
(l) contribute, in close cooperation with the European External Action Service (EEAS), to Union engagement with all relevant stakeholders to support efforts to mitigate and eliminate the threat to civilians and stability in South Sudan and the wider region posed by the LRA;
(m) follow up and report on compliance by the Sudanese and South Sudanese parties with the relevant UN Security Council Resolutions, in particular 1556 (2004), 1564 (2004), 1590 (2005), 1591 (2005), 1593 (2005), 1612 (2005), 1663 (2006), 1672 (2006), 1679 (2006), 1769 (2007), 1778 (2007), 1881 (2009), 1882 (2009), 1891 (2009), 1919 (2010), 1990 (2011), 1996 (2011), 2024 (2011), 2046 (2012).
(a) establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;
(b) ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c) ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d) ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
(1) On 11 August 2010, the Council adopted Decision 2010/450/CFSP(1)appointing Mrs Rosalind MARSDEN as the European Union Special Representative (EUSR) for Sudan.
(2) On 1 August 2011, the Council adopted Decision 2011/499/CFSP(2)which modified the mandate and the title of the EUSR in view of the declaration of independence by South Sudan. The EUSR’s mandate is to expire on 30 June 2012.
(3) The mandate of the EUSR should be extended for a further period of 12 months.
(4) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,
HAS ADOPTED THIS DECISION:

European Union Special Representative
Article 1
The mandate of Mrs Rosalind MARSDEN as the EUSR for Sudan and South Sudan is hereby extended until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).

Policy objectives
Article 2
The mandate of the EUSR shall be based on the policy objectives of the Union in relation to Sudan and South Sudan, working with their Governments, the African Union (AU) and the United Nations (UN) and other national, regional and international stakeholders, to achieve a peaceful coexistence between Sudan and South Sudan based on the principle of two viable, peaceful, and prosperous States. The Union’s policy objectives include actively contributing to the resolution of outstanding Comprehensive Peace Agreement (CPA) and post-CPA issues and helping the parties to implement what has been agreed; supporting efforts to stabilise the volatile north-south border area; promoting institution building and fostering stability, security and development in South Sudan; facilitating a political solution to the conflict in Darfur; promoting efforts to resolve the conflict in Southern Kordofan and Blue Nile states; promoting democratic governance, accountability and respect for human rights, including cooperation with the International Criminal Court; stepping up engagement in East Sudan; and improving humanitarian access throughout Sudan and South Sudan.
In addition, the mandate of the EUSR shall be based on the Union’s policy objective to contribute to the mitigation and elimination of threats to the stability of South Sudan and the wider region posed by the Lord’s Resistance Army (LRA).

Mandate
Article 3
In order to achieve the policy objectives, the EUSR’s mandate shall be to:
(a)
liaise with the Government of Sudan, the Government of South Sudan, Sudanese and South Sudanese political parties, the armed and rebel movements in Sudan and South Sudan, as well as civil society and non-governmental organisations, with the aim of pursuing the Union’s policy objectives;
(b)
maintain close cooperation with the UN, including the UN Mission in South Sudan (Unmiss), the UN Interim Security Force for Abyei (UNISFA) and the UN Special Envoy, the AU and in particular the AU High-Level Implementation Panel for Sudan (AUHIP), the AU/UN hybrid operation in Darfur (Unamid), the League of Arab States (LAS), the Inter-Governmental Agency for Development (IGAD), and other leading regional and international stakeholders;
(c)
represent the Union and promote its policy objectives and positions in international and public fora, as appropriate;
(d)
contribute to furthering the coherence and effectiveness of Union policy towards Sudan and South Sudan while promoting a consistent international approach towards the two countries;
(e)
contribute to international mediation efforts led by AUHIP to facilitate agreement between Sudan and South Sudan on outstanding post-CPA issues and to find an inclusive political solution to the ongoing conflict in Southern Kordofan and Blue Nile states;
(f)
support the implementation of issues agreed under the CPA and eventual implementation of agreements on post-CPA issues;
(g)
promote institution-building inside South Sudan;
(h)
contribute to international efforts to facilitate a comprehensive, inclusive and durable peace agreement for Darfur and to promote the implementation of the Doha Document, working closely with the UN, the AU, the Government of Qatar and other international stakeholders, as appropriate;
(i)
promote respect for human rights by maintaining regular contacts with the relevant authorities in Sudan and South Sudan, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights observers active in the region;
(j)
contribute to the implementation of the Union’s human rights policy, including the EU Guidelines on human rights, in particular the EU Guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union policy regarding UN Security Council Resolution 1325 (2000) on women, peace and security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;
(k)
contribute to the implementation of a comprehensive Union approach to Sudan and South Sudan as agreed by the Foreign Affairs Council on 20 June 2011;
(l)
contribute, in close cooperation with the European External Action Service (EEAS), to Union engagement with all relevant stakeholders to support efforts to mitigate and eliminate the threat to civilians and stability in South Sudan and the wider region posed by the LRA;
(m)
follow up and report on compliance by the Sudanese and South Sudanese parties with the relevant UN Security Council Resolutions, in particular 1556 (2004), 1564 (2004), 1590 (2005), 1591 (2005), 1593 (2005), 1612 (2005), 1663 (2006), 1672 (2006), 1679 (2006), 1769 (2007), 1778 (2007), 1881 (2009), 1882 (2009), 1891 (2009), 1919 (2010), 1990 (2011), 1996 (2011), 2024 (2011), 2046 (2012).

Implementation of the mandate
Article 4
1. The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
2. The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
3. The EUSR shall work in close coordination with the EEAS and its relevant departments.

Financing
Article 5
1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 July 2012 to 30 June 2013 shall be EUR 1 900 000.
2. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Constitution and composition of the team
Article 6
1. Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
2. Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
3. All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.

Privileges and immunities of the EUSR and the staff of the EUSR
Article 7
The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host country/countries, as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Security of EU classified information
Article 8
The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information(3).

Access to information and logistical support
Article 9
1. Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
2. The Union delegations and/or the Member States, as appropriate, shall provide logistical support in the region.

Security
Article 10
In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the EUSR’s mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:
(a)
establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;
(b)
ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c)
ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d)
ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

Reporting
Article 11
1. The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
2. The EUSR shall regularly report to the PSC on the situation in Darfur and on the situation in Sudan and South Sudan.

Coordination
Article 12
1. The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region. The EUSR shall provide Member States’ missions and Union delegations in the region with regular briefings.
2. In the field, close liaison shall be maintained with the Heads of Union delegations, including in Khartoum, Juba, Addis Ababa and New York and with Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
3. The EUSR, in close coordination with the Head of Union delegation in Juba, shall provide local political guidance to the Head of Mission of EUAVSEC-South Sudan. The EUSR and the Civilian Operation Commander shall consult each other as required.

Review
Article 13
The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2012 and a comprehensive mandate implementation report at the end of the mandate.

Entry into force
Article 14
This Decision shall enter into force on the day of its adoption.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
(1) On 11 August 2010, the Council adopted Decision 2010/450/CFSP(1)appointing Mrs Rosalind MARSDEN as the European Union Special Representative (EUSR) for Sudan.
(2) On 1 August 2011, the Council adopted Decision 2011/499/CFSP(2)which modified the mandate and the title of the EUSR in view of the declaration of independence by South Sudan. The EUSR’s mandate is to expire on 30 June 2012.
(3) The mandate of the EUSR should be extended for a further period of 12 months.
(4) The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,
HAS ADOPTED THIS DECISION:

European Union Special Representative

The mandate of Mrs Rosalind MARSDEN as the EUSR for Sudan and South Sudan is hereby extended until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).

Policy objectives

The mandate of the EUSR shall be based on the policy objectives of the Union in relation to Sudan and South Sudan, working with their Governments, the African Union (AU) and the United Nations (UN) and other national, regional and international stakeholders, to achieve a peaceful coexistence between Sudan and South Sudan based on the principle of two viable, peaceful, and prosperous States. The Union’s policy objectives include actively contributing to the resolution of outstanding Comprehensive Peace Agreement (CPA) and post-CPA issues and helping the parties to implement what has been agreed; supporting efforts to stabilise the volatile north-south border area; promoting institution building and fostering stability, security and development in South Sudan; facilitating a political solution to the conflict in Darfur; promoting efforts to resolve the conflict in Southern Kordofan and Blue Nile states; promoting democratic governance, accountability and respect for human rights, including cooperation with the International Criminal Court; stepping up engagement in East Sudan; and improving humanitarian access throughout Sudan and South Sudan.
In addition, the mandate of the EUSR shall be based on the Union’s policy objective to contribute to the mitigation and elimination of threats to the stability of South Sudan and the wider region posed by the Lord’s Resistance Army (LRA).

Mandate

In order to achieve the policy objectives, the EUSR’s mandate shall be to:
(a)
liaise with the Government of Sudan, the Government of South Sudan, Sudanese and South Sudanese political parties, the armed and rebel movements in Sudan and South Sudan, as well as civil society and non-governmental organisations, with the aim of pursuing the Union’s policy objectives;
(b)
maintain close cooperation with the UN, including the UN Mission in South Sudan (Unmiss), the UN Interim Security Force for Abyei (UNISFA) and the UN Special Envoy, the AU and in particular the AU High-Level Implementation Panel for Sudan (AUHIP), the AU/UN hybrid operation in Darfur (Unamid), the League of Arab States (LAS), the Inter-Governmental Agency for Development (IGAD), and other leading regional and international stakeholders;
(c)
represent the Union and promote its policy objectives and positions in international and public fora, as appropriate;
(d)
contribute to furthering the coherence and effectiveness of Union policy towards Sudan and South Sudan while promoting a consistent international approach towards the two countries;
(e)
contribute to international mediation efforts led by AUHIP to facilitate agreement between Sudan and South Sudan on outstanding post-CPA issues and to find an inclusive political solution to the ongoing conflict in Southern Kordofan and Blue Nile states;
(f)
support the implementation of issues agreed under the CPA and eventual implementation of agreements on post-CPA issues;
(g)
promote institution-building inside South Sudan;
(h)
contribute to international efforts to facilitate a comprehensive, inclusive and durable peace agreement for Darfur and to promote the implementation of the Doha Document, working closely with the UN, the AU, the Government of Qatar and other international stakeholders, as appropriate;
(i)
promote respect for human rights by maintaining regular contacts with the relevant authorities in Sudan and South Sudan, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights observers active in the region;
(j)
contribute to the implementation of the Union’s human rights policy, including the EU Guidelines on human rights, in particular the EU Guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union policy regarding UN Security Council Resolution 1325 (2000) on women, peace and security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;
(k)
contribute to the implementation of a comprehensive Union approach to Sudan and South Sudan as agreed by the Foreign Affairs Council on 20 June 2011;
(l)
contribute, in close cooperation with the European External Action Service (EEAS), to Union engagement with all relevant stakeholders to support efforts to mitigate and eliminate the threat to civilians and stability in South Sudan and the wider region posed by the LRA;
(m)
follow up and report on compliance by the Sudanese and South Sudanese parties with the relevant UN Security Council Resolutions, in particular 1556 (2004), 1564 (2004), 1590 (2005), 1591 (2005), 1593 (2005), 1612 (2005), 1663 (2006), 1672 (2006), 1679 (2006), 1769 (2007), 1778 (2007), 1881 (2009), 1882 (2009), 1891 (2009), 1919 (2010), 1990 (2011), 1996 (2011), 2024 (2011), 2046 (2012).

Implementation of the mandate

1. The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
2. The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
3. The EUSR shall work in close coordination with the EEAS and its relevant departments.

Financing

1. The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 July 2012 to 30 June 2013 shall be EUR 1 900 000.
2. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.

Constitution and composition of the team

1. Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
2. Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
3. All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.

Privileges and immunities of the EUSR and the staff of the EUSR

The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host country/countries, as appropriate. Member States and the Commission shall grant all necessary support to such effect.

Security of EU classified information

The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information(3).

Access to information and logistical support

1. Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
2. The Union delegations and/or the Member States, as appropriate, shall provide logistical support in the region.

Security

In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the EUSR’s mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:
(a)
establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;
(b)
ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;
(c)
ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;
(d)
ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

Reporting

1. The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
2. The EUSR shall regularly report to the PSC on the situation in Darfur and on the situation in Sudan and South Sudan.

Coordination

1. The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region. The EUSR shall provide Member States’ missions and Union delegations in the region with regular briefings.
2. In the field, close liaison shall be maintained with the Heads of Union delegations, including in Khartoum, Juba, Addis Ababa and New York and with Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
3. The EUSR, in close coordination with the Head of Union delegation in Juba, shall provide local political guidance to the Head of Mission of EUAVSEC-South Sudan. The EUSR and the Civilian Operation Commander shall consult each other as required.

Review

The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2012 and a comprehensive mandate implementation report at the end of the mandate.

Entry into force

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

Pending: 32012D0210

January 16, 2026
24.4.2012 EN Official Journal of the European Union L 110/42
(1) Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17, 18 and Annex V to Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7b, 7c and Annex IV to Directive 98/70/EC.
(2) Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1), points (a), (b) and (c), Member States shall require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) by Directive 2009/28/EC.
(3) Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help create efficient solutions for proving compliance with these sustainability criteria.
(4) The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive.
(5) The Commission may recognise such a voluntary scheme for a period of five years.
(6) When an economic operator provides proof or data obtained in accordance with a scheme that has been recognised by the Commission, to the extent covered by that recognition decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria.
(7) The ‘Ensus voluntary scheme under RED for Ensus bioethanol production’ (hereafter ‘Ensus scheme’) was submitted on 21 November 2011 to the Commission with the request for recognition. This scheme covers bioethanol from EU feed wheat produced by the Ensus One plant. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.
(8) Assessment of the Ensus scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.
(9) The evaluation of the Ensus scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC,
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC(1), and in particular Article 18(6) thereof,
Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels(2), as amended by Directive 2009/30/EC(3), and in particular Article 7c(6) thereof,
After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,
(1) Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17, 18 and Annex V to Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7b, 7c and Annex IV to Directive 98/70/EC.
(2) Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1), points (a), (b) and (c), Member States shall require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) by Directive 2009/28/EC.
(3) Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help create efficient solutions for proving compliance with these sustainability criteria.
(4) The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive.
(5) The Commission may recognise such a voluntary scheme for a period of five years.
(6) When an economic operator provides proof or data obtained in accordance with a scheme that has been recognised by the Commission, to the extent covered by that recognition decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria.
(7) The ‘Ensus voluntary scheme under RED for Ensus bioethanol production’ (hereafter ‘Ensus scheme’) was submitted on 21 November 2011 to the Commission with the request for recognition. This scheme covers bioethanol from EU feed wheat produced by the Ensus One plant. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.
(8) Assessment of the Ensus scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.
(9) The evaluation of the Ensus scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC,
HAS ADOPTED THIS DECISION:

Article 1
The voluntary scheme ‘Ensus voluntary scheme under RED for Ensus bioethanol production’ for which the request for recognition was submitted to the Commission on 21 November 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3), 17(4) and 17(5) of Directive 2009/28/EC and Article 7b(3), 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of Directive 98/70/EC.

Article 2
1. The Decision is valid for a period of five years after it enters into force. If the scheme, after adoption of the Commission decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission will assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.
2. If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if a severe and structural breach of those elements has taken place, the Commission may revoke its Decision.

Article 3
This Decision shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC(1), and in particular Article 18(6) thereof,
Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels(2), as amended by Directive 2009/30/EC(3), and in particular Article 7c(6) thereof,
After consulting the Advisory Committee established by Article 25, paragraph 2 of Directive 2009/28/EC,
(1) Directives 2009/28/EC and 2009/30/EC both lay down sustainability criteria for biofuels. When reference is made to the provisions of Articles 17, 18 and Annex V to Directive 2009/28/EC this should be construed as the reference also to the similar provisions of Articles 7b, 7c and Annex IV to Directive 98/70/EC.
(2) Where biofuels and bioliquids are to be taken into account for the purposes referred to in Article 17(1), points (a), (b) and (c), Member States shall require economic operators to show the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) by Directive 2009/28/EC.
(3) Recital 76 of Directive 2009/28/EC states that the imposition of an unreasonable burden on industry should be avoided and voluntary schemes can help create efficient solutions for proving compliance with these sustainability criteria.
(4) The Commission may decide that a voluntary national or international scheme demonstrates that consignments of biofuel comply with the sustainability criteria set out in Article 17(3) to (5) of Directive 2009/28/EC or that a voluntary national or international scheme to measure greenhouse gas emission savings contains accurate data for the purposes of Article 17(2) of this Directive.
(5) The Commission may recognise such a voluntary scheme for a period of five years.
(6) When an economic operator provides proof or data obtained in accordance with a scheme that has been recognised by the Commission, to the extent covered by that recognition decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria.
(7) The ‘Ensus voluntary scheme under RED for Ensus bioethanol production’ (hereafter ‘Ensus scheme’) was submitted on 21 November 2011 to the Commission with the request for recognition. This scheme covers bioethanol from EU feed wheat produced by the Ensus One plant. The recognised scheme will be made available at the transparency platform established under Directive 2009/28/EC. The Commission will take into account considerations of commercial sensitivity and may decide to only partially publish the scheme.
(8) Assessment of the Ensus scheme found it to adequately cover the sustainability criteria of Directive 2009/28/EC, as well as applying a mass balance methodology in line with the requirements of Article 18(1) of Directive 2009/28/EC.
(9) The evaluation of the Ensus scheme found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex V to Directive 2009/28/EC,
HAS ADOPTED THIS DECISION:
The voluntary scheme ‘Ensus voluntary scheme under RED for Ensus bioethanol production’ for which the request for recognition was submitted to the Commission on 21 November 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3), 17(4) and 17(5) of Directive 2009/28/EC and Article 7b(3), 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also contains accurate data for purposes of Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
Furthermore, it may be used for demonstrating compliance with Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of Directive 98/70/EC.
1. The Decision is valid for a period of five years after it enters into force. If the scheme, after adoption of the Commission decision, undergoes changes to its contents in a way that might affect the basis of this Decision, such changes shall be notified to the Commission without delay. The Commission will assess the notified changes with a view to establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.
2. If it has been clearly demonstrated that the scheme has not implemented elements considered to be decisive for this Decision and if a severe and structural breach of those elements has taken place, the Commission may revoke its Decision.
This Decision shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

Pending: 32012D0181

January 16, 2026
30.3.2012 EN Official Journal of the European Union L 92/26
(1) By letter registered with the Commission on 30 August 2011, Romania requested authorisation to introduce a special measure derogating from point 18 of Article 287 of Directive 2006/112/EC in order to exempt taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 65 000 at the conversion rate on the day of Romania’s accession to the European Union. The measure would release those taxable persons from certain or all of the value added tax (VAT) obligations referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.
(2) In accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States by letter dated 8 November 2011 of the request made by Romania. By letter dated 9 November 2011, the Commission notified Romania that it had all the information necessary to consider the request.
(3) A special scheme for small enterprises is an option which is already available to Member States under Title XII of Directive 2006/112/EC. The measure derogates from Title XII of Directive 2006/112/EC only in so far as the taxable person’s annual turnover threshold for the scheme is higher than that allowed for Romania under point 18 of Article 287 of Directive 2006/112/EC, which is EUR 35 000.
(4) A higher threshold for the special scheme for small enterprises is a simplification measure as it may significantly reduce the VAT obligations of the smallest businesses, whilst that special scheme is optional for taxable persons. Overall, it is expected that the measure will improve the general level of VAT compliance.
(5) In its proposal of 29 October 2004 for a Directive amending Council Directive 77/388/EEC with a view to simplifying value added tax obligations, the Commission included provisions aimed at allowing Member States to set the annual turnover ceiling for the VAT exemption scheme at up to EUR 100 000 or the equivalent in national currency, with the possibility of updating this amount each year. The request made by Romania is in line with that proposal.
(6) The measure has no impact on the Union’s own resources accruing from VAT and only a negligible effect on the overall amount of the tax revenue of Romania collected at the stage of final consumption,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax(1), and in particular Article 395(1) thereof,
Having regard to the proposal from the European Commission,
(1) By letter registered with the Commission on 30 August 2011, Romania requested authorisation to introduce a special measure derogating from point 18 of Article 287 of Directive 2006/112/EC in order to exempt taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 65 000 at the conversion rate on the day of Romania’s accession to the European Union. The measure would release those taxable persons from certain or all of the value added tax (VAT) obligations referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.
(2) In accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States by letter dated 8 November 2011 of the request made by Romania. By letter dated 9 November 2011, the Commission notified Romania that it had all the information necessary to consider the request.
(3) A special scheme for small enterprises is an option which is already available to Member States under Title XII of Directive 2006/112/EC. The measure derogates from Title XII of Directive 2006/112/EC only in so far as the taxable person’s annual turnover threshold for the scheme is higher than that allowed for Romania under point 18 of Article 287 of Directive 2006/112/EC, which is EUR 35 000.
(4) A higher threshold for the special scheme for small enterprises is a simplification measure as it may significantly reduce the VAT obligations of the smallest businesses, whilst that special scheme is optional for taxable persons. Overall, it is expected that the measure will improve the general level of VAT compliance.
(5) In its proposal of 29 October 2004 for a Directive amending Council Directive 77/388/EEC with a view to simplifying value added tax obligations, the Commission included provisions aimed at allowing Member States to set the annual turnover ceiling for the VAT exemption scheme at up to EUR 100 000 or the equivalent in national currency, with the possibility of updating this amount each year. The request made by Romania is in line with that proposal.
(6) The measure has no impact on the Union’s own resources accruing from VAT and only a negligible effect on the overall amount of the tax revenue of Romania collected at the stage of final consumption,
HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from point 18 of Article 287 of Directive 2006/112/EC, Romania is authorised to exempt from VAT taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 65 000 at the conversion rate on the day of its accession to the European Union.

Article 2
This Decision shall take effect on the day of its notification.
It shall apply until the date of entry into force of a Directive amending the amounts of the annual turnover ceilings below which taxable persons may qualify for VAT exemption or until 31 December 2014, whichever date is earlier.

Article 3
This Decision is addressed to Romania.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax(1), and in particular Article 395(1) thereof,
Having regard to the proposal from the European Commission,
(1) By letter registered with the Commission on 30 August 2011, Romania requested authorisation to introduce a special measure derogating from point 18 of Article 287 of Directive 2006/112/EC in order to exempt taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 65 000 at the conversion rate on the day of Romania’s accession to the European Union. The measure would release those taxable persons from certain or all of the value added tax (VAT) obligations referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.
(2) In accordance with the second subparagraph of Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States by letter dated 8 November 2011 of the request made by Romania. By letter dated 9 November 2011, the Commission notified Romania that it had all the information necessary to consider the request.
(3) A special scheme for small enterprises is an option which is already available to Member States under Title XII of Directive 2006/112/EC. The measure derogates from Title XII of Directive 2006/112/EC only in so far as the taxable person’s annual turnover threshold for the scheme is higher than that allowed for Romania under point 18 of Article 287 of Directive 2006/112/EC, which is EUR 35 000.
(4) A higher threshold for the special scheme for small enterprises is a simplification measure as it may significantly reduce the VAT obligations of the smallest businesses, whilst that special scheme is optional for taxable persons. Overall, it is expected that the measure will improve the general level of VAT compliance.
(5) In its proposal of 29 October 2004 for a Directive amending Council Directive 77/388/EEC with a view to simplifying value added tax obligations, the Commission included provisions aimed at allowing Member States to set the annual turnover ceiling for the VAT exemption scheme at up to EUR 100 000 or the equivalent in national currency, with the possibility of updating this amount each year. The request made by Romania is in line with that proposal.
(6) The measure has no impact on the Union’s own resources accruing from VAT and only a negligible effect on the overall amount of the tax revenue of Romania collected at the stage of final consumption,
HAS ADOPTED THIS DECISION:
By way of derogation from point 18 of Article 287 of Directive 2006/112/EC, Romania is authorised to exempt from VAT taxable persons whose annual turnover is no higher than the equivalent in national currency of EUR 65 000 at the conversion rate on the day of its accession to the European Union.
This Decision shall take effect on the day of its notification.
It shall apply until the date of entry into force of a Directive amending the amounts of the annual turnover ceilings below which taxable persons may qualify for VAT exemption or until 31 December 2014, whichever date is earlier.
This Decision is addressed to Romania.

Pending: 32012D0138

January 16, 2026
3.3.2012 EN Official Journal of the European Union L 64/38
(1) The experience gained from the implementation of Commission Decision 2008/840/EC of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community ofAnoplophora chinensis(Forster)(2)in general, taking into account recent outbreaks and findings reported by Germany, Italy, the Netherlands and the United Kingdom in particular and experiences relating to their eradication, has shown a need to modify the measures provided for in that Decision. In the interest of clarity, in view of the extent of those modifications and of earlier modifications, it is appropriate to replace Decision 2008/840/EC.
(2) In Section I of Part A of Annex I to Directive 2000/29/EC,Anoplophora chinensis(Thomson) andAnoplophora malasiaca(Forster) are listed, though both denominations cover one single species which for the purposes of this Decision is designated asAnoplophora chinensis(Forster), hereinafter ‘the specified organism’, as in Decision 2008/840/EC.
(3) Taking into account the experience gained, certain plant species which were not covered by Decision 2008/840/EC should be included in the scope while others which were previously covered should be excluded. Plants and scions whose stem or root collar is below a certain diameter should fall outside the scope. Certain definitions should be included to improve clarity and readability.
(4) As regards imports, provisions should take into account the phytosanitary status of the specified organism in the country of origin.
(5) Given the experience with infested consignments originating in China, special provisions should govern imports from that country. As most of the interceptions on specified plants imported from China have been reported on plants ofAcerspp., it is appropriate to maintain a ban on their import, until 30 April 2012 as previously laid down.
(6) The movement of plants within the Union should be provided for.
(7) Member States should conduct annual surveys and notify their results to the Commission and the other Member States. Provision should be made for notification in cases where the specified organism appears in a Member State or in a part of a Member State, in which its presence was previously unknown or it was considered to have been eradicated. A deadline of 5 days for the notification of the presence of the specified organism by the Member State should be set to allow for swift action at Union level, if appropriate.
(8) To eradicate the specified organism and prevent its spread, Member States should establish demarcated areas and take the necessary measures. As part of their measures, Member States should carry out activities to increase public awareness to the threat posed by the specified organism. They should further set specific time periods for the implementation of these measures. In cases where eradication of the specified organism is no longer possible, Member States should take measures to contain it.
(9) In specified circumstances, Member States should have the possibility to decide not to establish demarcated areas and to limit the measures to the destruction of the infested material, carrying out intensified monitoring and the tracing of plants associated with the case of infestation concerned.
(10) Member States should report to the Commission and the other Member States on the measures they have taken or intend to take, as well as on the reasons for not establishing demarcated areas. They should annually communicate to the Commission and the other Member States an updated version of that report giving an effective overview of the situation.
(11) Decision 2008/840/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
(a) ‘specified plants’ means plants for planting that have a stem or root collar diameter of 1 cm or more at their thickest point, other than seeds, ofAcerspp.,Aesculus hippocastanum, Alnusspp.,Betulaspp.,Carpinusspp.,Citrusspp.,Cornusspp.,Corylusspp.,Cotoneaster spp.,Crataegusspp.,Fagusspp.,Lagerstroemiaspp.,Malusspp.,Platanusspp.,Populusspp.,Prunus laurocerasus,Pyrusspp.,Rosaspp.,Salixspp. andUlmusspp.;
(b) ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures (hereinafter ‘ISPM’) No 5(3);
(c) ‘specified organism’ meansAnoplophora chinensis(Forster).
(a) they comply with the specific import requirements, as set out in point 1 of Section 1(A) of Annex I;
(b) on entry into the Union they are inspected by the responsible official body in accordance with point 2 of Section 1(A) of Annex I for the presence of the specified organism, and no signs of that organism have been found.
(a) they comply with the specific import requirements as set out in point 1 of Section 1(B) of Annex I;
(b) on entry into the Union they are inspected by the responsible official body in accordance with point 2 of Section 1(B) of Annex I for the presence of the specified organism, and no signs of that organism have been found;
(c) the place of production of those plants:(i)is designated by a unique registration number assigned by the national plant protection organisation of China;(ii)is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3;(iii)has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and(iv)has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or paragraph 5. (i) is designated by a unique registration number assigned by the national plant protection organisation of China; (ii) is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3; (iii) has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and (iv) has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or paragraph 5.
(i) is designated by a unique registration number assigned by the national plant protection organisation of China;
(ii) is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3;
(iii) has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and
(iv) has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or paragraph 5.
(i) is designated by a unique registration number assigned by the national plant protection organisation of China;
(ii) is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3;
(iii) has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and
(iv) has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or paragraph 5.
1. Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries, other than China, where the specified organism is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional Declaration’:(a)that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or(b)that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or(c)that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). (a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or (b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (i) which is registered and supervised by the national plant protection organisation in the country of origin; and (ii) which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (c) that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). (i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; (ii) the grafted plants have been inspected in accordance with point (b)(iv).
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (i) which is registered and supervised by the national plant protection organisation in the country of origin; and (ii) which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). (i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; (ii) the grafted plants have been inspected in accordance with point (b)(iv).
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv).
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (i) which is registered and supervised by the national plant protection organisation in the country of origin; and (ii) which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). (i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; (ii) the grafted plants have been inspected in accordance with point (b)(iv).
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv).
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv).
2. Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC(1). Inspection methods applied shall ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.
1. Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in China shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional Declaration’:(a)that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or(b)that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or(c)that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv);(d)the registration number of the place of production. (a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or (b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (i) which is registered and supervised by the national plant protection organisation of China; and (ii) which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (c) that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv); (i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; (ii) the grafted plants have been inspected in accordance with point (b)(iv); (d) the registration number of the place of production.
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (i) which is registered and supervised by the national plant protection organisation of China; and (ii) which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) which is registered and supervised by the national plant protection organisation of China; and
(ii) which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv); (i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; (ii) the grafted plants have been inspected in accordance with point (b)(iv);
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv);
(d) the registration number of the place of production.
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or (i) which is registered and supervised by the national plant protection organisation of China; and (ii) which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and (iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and (iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) which is registered and supervised by the national plant protection organisation of China; and
(ii) which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) which is registered and supervised by the national plant protection organisation of China; and
(ii) which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and — with complete physical protection against the introduction of Anoplophora chinensis (Forster), or — with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv); (i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; (ii) the grafted plants have been inspected in accordance with point (b)(iv);
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv);
(i) at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) the grafted plants have been inspected in accordance with point (b)(iv);
(d) the registration number of the place of production.
2. Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place of destination established in accordance with Directive 2004/103/EC. Inspection methods applied, including targeted destructive sampling on each lot, shall ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.The destructive sampling referred to in the first paragraph shall be carried out at the level set out in the following table:Number of plants in the lotLevel of destructive sampling (number of plants to be cut)1 – 4 50010 % of lot size> 4 500450 Number of plants in the lot Level of destructive sampling (number of plants to be cut) 1 – 4 500 10 % of lot size > 4 500 450
Number of plants in the lot Level of destructive sampling (number of plants to be cut)
1 – 4 500 10 % of lot size
> 4 500 450
Number of plants in the lot Level of destructive sampling (number of plants to be cut)
1 – 4 500 10 % of lot size
> 4 500 450
1. Specified plants originating(2)in demarcated areas within the Union may be moved within the Union only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(3)and have been grown during a period of at least 2 years prior to movement in a place of production:(i)which is registered according to Commission Directive 92/90/EEC(4); and(ii)which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and(iii)which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.Rootstocks which meet the requirements of the first paragraph may be grafted with scions which have not been grown under these conditions, but which are no more than 1 cm in diameter at their thickest point. (i) which is registered according to Commission Directive 92/90/EEC(4); and (ii) which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and (iii) which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found. — with complete physical protection against the introduction of the specified organism, or — with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
(i) which is registered according to Commission Directive 92/90/EEC(4); and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and
(iii) which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found. — with complete physical protection against the introduction of the specified organism, or — with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
— with complete physical protection against the introduction of the specified organism, or
— with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
(i) which is registered according to Commission Directive 92/90/EEC(4); and
(ii) which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and
(iii) which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found. — with complete physical protection against the introduction of the specified organism, or — with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
— with complete physical protection against the introduction of the specified organism, or
— with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
— with complete physical protection against the introduction of the specified organism, or
— with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
2. Specified plants not originating(5)in demarcated areas, but introduced into a place of production in such areas, may be moved within the Union on condition that this place of production complies with the requirements set out in point 1(iii) and only if the plants are accompanied by a plant passport prepared and issued in accordance with Directive 92/105/EEC.
3. Specified plants imported from third countries where the specified organism is known to be present in accordance with Section 1 may be moved within the Union only if they are accompanied by the plant passport referred to in point 1.
1. Demarcated areas shall consist of the following zones:(a)an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and(b)a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone. (a) an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and (b) a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone.
(a) an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and
(b) a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone.
(a) an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and
(b) a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone.
2. The exact delimitation of the zones shall be based on sound scientific principles, the biology of the specified organism, the level of infestation, the particular distribution of the host plants in the area concerned and evidence of establishment of the specified organism. In cases where the responsible official body concludes that eradication of the specified organism is possible, taking into account the circumstances of the outbreak, the results of a specific investigation or the immediate application of eradication measures, the radius of the buffer zone may be reduced to not less than 1 km beyond the boundary of the infested zone. In cases where eradication of the specified organism is no longer possible the radius cannot be reduced below 2 km.
3. If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the infested zone and buffer zone shall be reviewed and changed accordingly.
4. Where in a demarcated area, based on the surveys referred to in Article 5(1) and on the monitoring referred to in point 1(h) of Section 3 of Annex II, the specified organism is not detected for a period that includes at least one life cycle and 1 additional year but in any case is not less than 4 consecutive years, this demarcation may be lifted. The exact length of a life cycle depends on evidence that is available for the area concerned or similar climate zone. The demarcation may also be lifted in cases where, following further investigation, the conditions set out in point 1 of Section 2 are found to be satisfied.
1. In accordance with Article 6(2) Member States need not establish a demarcated area, as provided for in Article 6(1), where the following conditions are satisfied:(a)there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and(b)it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined. (a) there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and (b) it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined.
(a) there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and
(b) it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined.
(a) there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and
(b) it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined.
2. Where the conditions set out in point 1 are satisfied, Member States need not establish demarcated areas, provided that they take the following measures:(a)immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread;(b)monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive;(c)the destruction of any infested plant material;(d)tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;(e)activities to raise public awareness concerning the threat of that organism;(f)any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).The measures referred to in points (a) to (f) shall be presented in the form of a report referred to in Article 7. (a) immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread; (b) monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive; (c) the destruction of any infested plant material; (d) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling; (e) activities to raise public awareness concerning the threat of that organism; (f) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).
(a) immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread;
(b) monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive;
(c) the destruction of any infested plant material;
(d) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;
(e) activities to raise public awareness concerning the threat of that organism;
(f) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).
(a) immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread;
(b) monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive;
(c) the destruction of any infested plant material;
(d) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;
(e) activities to raise public awareness concerning the threat of that organism;
(f) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).
1. In demarcated areas Member States shall take the following measures to eradicate the specified organism:(a)the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7;(b)the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants;(c)removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling;(d)prevention of any movement of potentially infested material out of the demarcated area;(e)tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;(f)where appropriate, replacement of specified plants by other plants;(g)prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I;(h)intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;(i)activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;(j)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;(k)any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).The measures referred to in points (a) to (k) shall be presented in the form of a report referred to in Article 7. (a) the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7; (b) the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants; (c) removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling; (d) prevention of any movement of potentially infested material out of the demarcated area; (e) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling; (f) where appropriate, replacement of specified plants by other plants; (g) prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I; (h) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7; (i) activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6; (j) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them; (k) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).
(a) the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7;
(b) the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants;
(c) removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling;
(d) prevention of any movement of potentially infested material out of the demarcated area;
(e) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;
(f) where appropriate, replacement of specified plants by other plants;
(g) prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I;
(h) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;
(i) activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;
(j) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;
(k) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).
(a) the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7;
(b) the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants;
(c) removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling;
(d) prevention of any movement of potentially infested material out of the demarcated area;
(e) tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;
(f) where appropriate, replacement of specified plants by other plants;
(g) prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I;
(h) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;
(i) activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;
(j) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;
(k) any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).
2. When the results of the surveys referred to in Article 5 during more than 4 consecutive years have confirmed the presence of the specified organism in an area and in case there is evidence that the specified organism can no longer be eradicated, Member States can limit the measures to the containment of the specified organism within that area. Such measures shall include at least the following:(a)felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7;(b)removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling;(c)prevention of any movement of potentially infested material out of the demarcated area;(d)where appropriate, replacement of specified plants by other plants;(e)prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I;(f)intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;(g)activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;(h)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;(i)any other measure, which may contribute to the containment of the specified organism.The measures referred to in points (a) to (i) shall be presented in the form of a report referred to in Article 7. (a) felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7; (b) removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling; (c) prevention of any movement of potentially infested material out of the demarcated area; (d) where appropriate, replacement of specified plants by other plants; (e) prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I; (f) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7; (g) activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6; (h) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them; (i) any other measure, which may contribute to the containment of the specified organism.
(a) felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7;
(b) removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling;
(c) prevention of any movement of potentially infested material out of the demarcated area;
(d) where appropriate, replacement of specified plants by other plants;
(e) prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I;
(f) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;
(g) activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;
(h) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;
(i) any other measure, which may contribute to the containment of the specified organism.
(a) felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7;
(b) removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling;
(c) prevention of any movement of potentially infested material out of the demarcated area;
(d) where appropriate, replacement of specified plants by other plants;
(e) prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I;
(f) intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;
(g) activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;
(h) where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;
(i) any other measure, which may contribute to the containment of the specified organism.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the fourth sentence of Article 16(3), thereof,
(1) The experience gained from the implementation of Commission Decision 2008/840/EC of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community ofAnoplophora chinensis(Forster)(2)in general, taking into account recent outbreaks and findings reported by Germany, Italy, the Netherlands and the United Kingdom in particular and experiences relating to their eradication, has shown a need to modify the measures provided for in that Decision. In the interest of clarity, in view of the extent of those modifications and of earlier modifications, it is appropriate to replace Decision 2008/840/EC.
(2) In Section I of Part A of Annex I to Directive 2000/29/EC,Anoplophora chinensis(Thomson) andAnoplophora malasiaca(Forster) are listed, though both denominations cover one single species which for the purposes of this Decision is designated asAnoplophora chinensis(Forster), hereinafter ‘the specified organism’, as in Decision 2008/840/EC.
(3) Taking into account the experience gained, certain plant species which were not covered by Decision 2008/840/EC should be included in the scope while others which were previously covered should be excluded. Plants and scions whose stem or root collar is below a certain diameter should fall outside the scope. Certain definitions should be included to improve clarity and readability.
(4) As regards imports, provisions should take into account the phytosanitary status of the specified organism in the country of origin.
(5) Given the experience with infested consignments originating in China, special provisions should govern imports from that country. As most of the interceptions on specified plants imported from China have been reported on plants ofAcerspp., it is appropriate to maintain a ban on their import, until 30 April 2012 as previously laid down.
(6) The movement of plants within the Union should be provided for.
(7) Member States should conduct annual surveys and notify their results to the Commission and the other Member States. Provision should be made for notification in cases where the specified organism appears in a Member State or in a part of a Member State, in which its presence was previously unknown or it was considered to have been eradicated. A deadline of 5 days for the notification of the presence of the specified organism by the Member State should be set to allow for swift action at Union level, if appropriate.
(8) To eradicate the specified organism and prevent its spread, Member States should establish demarcated areas and take the necessary measures. As part of their measures, Member States should carry out activities to increase public awareness to the threat posed by the specified organism. They should further set specific time periods for the implementation of these measures. In cases where eradication of the specified organism is no longer possible, Member States should take measures to contain it.
(9) In specified circumstances, Member States should have the possibility to decide not to establish demarcated areas and to limit the measures to the destruction of the infested material, carrying out intensified monitoring and the tracing of plants associated with the case of infestation concerned.
(10) Member States should report to the Commission and the other Member States on the measures they have taken or intend to take, as well as on the reasons for not establishing demarcated areas. They should annually communicate to the Commission and the other Member States an updated version of that report giving an effective overview of the situation.
(11) Decision 2008/840/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Definitions
Article 1
For the purposes of this Decision, the following definitions shall apply:
(a)
‘specified plants’ means plants for planting that have a stem or root collar diameter of 1 cm or more at their thickest point, other than seeds, ofAcerspp.,Aesculus hippocastanum, Alnusspp.,Betulaspp.,Carpinusspp.,Citrusspp.,Cornusspp.,Corylusspp.,Cotoneaster spp.,Crataegusspp.,Fagusspp.,Lagerstroemiaspp.,Malusspp.,Platanusspp.,Populusspp.,Prunus laurocerasus,Pyrusspp.,Rosaspp.,Salixspp. andUlmusspp.;
(b)
‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures (hereinafter ‘ISPM’) No 5(3);
(c)
‘specified organism’ meansAnoplophora chinensis(Forster).

Import of the specified plants originating in third countries except China
Article 2
As regards imports originating in third countries where the specified organism is known to be present, other than China, specified plants may only be introduced into the Union if they fulfil the following conditions:
(a)
they comply with the specific import requirements, as set out in point 1 of Section 1(A) of Annex I;
(b)
on entry into the Union they are inspected by the responsible official body in accordance with point 2 of Section 1(A) of Annex I for the presence of the specified organism, and no signs of that organism have been found.

Import of the specified plants originating in China
Article 3
1. As regards imports originating in China, specified plants may only be introduced into the Union if they fulfil the following conditions:
(a)
they comply with the specific import requirements as set out in point 1 of Section 1(B) of Annex I;
(b)
on entry into the Union they are inspected by the responsible official body in accordance with point 2 of Section 1(B) of Annex I for the presence of the specified organism, and no signs of that organism have been found;
(c)
the place of production of those plants:
(i)
is designated by a unique registration number assigned by the national plant protection organisation of China;
(ii)
is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3;
(iii)
has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and
(iv)
has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or paragraph 5.
2. However, plants ofAcerspp. shall not be introduced into the Union until 30 April 2012.
From 1 May 2012, paragraph 1 shall apply to plants ofAcerspp.
3. The Commission shall communicate to the Member States the register of places of production in China which its national plant protection organisation has established as in compliance with point 1(b) of Section 1(B) of Annex I.
Where that organisation updates the register by removing a place of production either because that organisation has found that that place of production no longer complies with point 1(b) of Section 1(B) of Annex I or because the Commission has informed China of evidence of the presence of the specified organism at import of specified plants from that place of production, and China makes the updated version of the register available to the Commission, the Commission shall communicate the updated version of the register to the Member States.
Where that organisation updates the register by including a place of production because that organisation has found that that place of production complies with point 1(b) of Section 1(B) of Annex I and China makes the updated version of the register available to the Commission as well as the necessary explanatory information, the Commission shall communicate that updated version and, where appropriate, that explanatory information to the Member States.
Through Internet based information pages, the Commission shall make the register and its updates available to the public.
4. Where during an inspection at a registered place of production, as set out in points (ii), (iii) and (iv) of point 1(b) of Section 1(B) of Annex I, the Chinese plant protection organisation finds evidence of the presence of the specified organism and the Commission is notified of that finding by China, the Commission shall immediately communicate that finding to the Member States.
Through Internet based information pages, the Commission shall also make this information available to the public.
5. Where the Commission has evidence from sources other than those referred to in paragraphs 3 and 4 that a place of production listed in the register does not comply with point 1(b) of Section 1(B) of Annex I or that the specified organism has been found on specified plants imported from such a place of production, it shall communicate the information concerning that place of production to the Member States.
Through Internet based information pages, the Commission shall also make this information available to the public.

Movement of specified plants within the Union
Article 4
Specified plants originating in demarcated areas within the Union established in accordance with Article 6 may be moved within the Union only if they meet the conditions set out in point 1 of Section 2 of Annex I.
Specified plants which have not been grown in demarcated areas but are introduced into such areas may be moved within the Union only if they meet the conditions set out in point 2 of Section 2 of Annex I.
Specified plants imported in accordance with Articles 2 and 3 from third countries where the specified organism is known to be present may be moved within the Union only if they meet the conditions set out in point 3 of Section 2 of Annex I.

Surveys and notifications of the specified organism
Article 5
1. Member States shall conduct official annual surveys for the presence of the specified organism and for evidence of infestation by that organism on host plants in their territory.
Without prejudice to Article 16(1) of Directive 2000/29/EC, Member States shall notify the results of those surveys to the Commission and the other Member States by 30 April of each year.
2. Without prejudice to Article 16(1) of Directive 2000/29/EC, Member States shall, within 5 days and in writing, notify the Commission and the other Member States of the presence of the specified organism in an area within their territory where that presence was previously unknown or the specified organism was considered to have been eradicated or where the infestation was detected on a plant species previously not known to be a host plant.

Demarcated areas
Article 6
1. Where the results of the surveys referred to in Article 5(1) confirm the presence of the specified organism in an area, or there is evidence of the presence of that organism by other means, the Member State concerned shall without delay establish a demarcated area, which shall consist of an infested zone and a buffer zone, in accordance with Section 1 of Annex II.
2. Member States need not establish demarcated areas, as provided for in paragraph 1, if the conditions, as set out in point 1 of Section 2 of Annex II are satisfied. In such a case, Member States shall take the measures as set out in point 2 of that Section.
3. Member States shall take measures in the demarcated areas, as set out in Section 3 of Annex II.
4. Member States shall set time periods for the implementation of the measures provided for in paragraphs 2 and 3.

Reporting on measures
Article 7
1. Member States shall, within 30 days of the notification referred to in Article 5(2), report to the Commission and the other Member States on the measures they have taken or intend to take in accordance with Article 6.
The report shall also include the description of a demarcated area, where established, and information on its location with a map showing its delimitation and information on the current pest status as well as measures to comply with the requirements concerning the movement of specified plants within the Union set out in Article 4.
It shall describe the evidence and criteria on which the measures are based.
In cases where Member States decide not to establish a demarcated area under Article 6(2), the report shall include justifying data and reasons.
2. Member States shall by 30 April of each year communicate to the Commission and the other Member States a report including an up-to-date list of all demarcated areas established under Article 6, including information on their description and location with maps showing their delimitation, and measures that Member States have taken or intend to take.

Compliance
Article 8
Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Repeal
Article 9
Decision 2008/840/EC is repealed.

Review
Article 10
This Decision shall be reviewed by 31 May 2013 at the latest.

Addressees
Article 11
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the fourth sentence of Article 16(3), thereof,
(1) The experience gained from the implementation of Commission Decision 2008/840/EC of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community ofAnoplophora chinensis(Forster)(2)in general, taking into account recent outbreaks and findings reported by Germany, Italy, the Netherlands and the United Kingdom in particular and experiences relating to their eradication, has shown a need to modify the measures provided for in that Decision. In the interest of clarity, in view of the extent of those modifications and of earlier modifications, it is appropriate to replace Decision 2008/840/EC.
(2) In Section I of Part A of Annex I to Directive 2000/29/EC,Anoplophora chinensis(Thomson) andAnoplophora malasiaca(Forster) are listed, though both denominations cover one single species which for the purposes of this Decision is designated asAnoplophora chinensis(Forster), hereinafter ‘the specified organism’, as in Decision 2008/840/EC.
(3) Taking into account the experience gained, certain plant species which were not covered by Decision 2008/840/EC should be included in the scope while others which were previously covered should be excluded. Plants and scions whose stem or root collar is below a certain diameter should fall outside the scope. Certain definitions should be included to improve clarity and readability.
(4) As regards imports, provisions should take into account the phytosanitary status of the specified organism in the country of origin.
(5) Given the experience with infested consignments originating in China, special provisions should govern imports from that country. As most of the interceptions on specified plants imported from China have been reported on plants ofAcerspp., it is appropriate to maintain a ban on their import, until 30 April 2012 as previously laid down.
(6) The movement of plants within the Union should be provided for.
(7) Member States should conduct annual surveys and notify their results to the Commission and the other Member States. Provision should be made for notification in cases where the specified organism appears in a Member State or in a part of a Member State, in which its presence was previously unknown or it was considered to have been eradicated. A deadline of 5 days for the notification of the presence of the specified organism by the Member State should be set to allow for swift action at Union level, if appropriate.
(8) To eradicate the specified organism and prevent its spread, Member States should establish demarcated areas and take the necessary measures. As part of their measures, Member States should carry out activities to increase public awareness to the threat posed by the specified organism. They should further set specific time periods for the implementation of these measures. In cases where eradication of the specified organism is no longer possible, Member States should take measures to contain it.
(9) In specified circumstances, Member States should have the possibility to decide not to establish demarcated areas and to limit the measures to the destruction of the infested material, carrying out intensified monitoring and the tracing of plants associated with the case of infestation concerned.
(10) Member States should report to the Commission and the other Member States on the measures they have taken or intend to take, as well as on the reasons for not establishing demarcated areas. They should annually communicate to the Commission and the other Member States an updated version of that report giving an effective overview of the situation.
(11) Decision 2008/840/EC should therefore be repealed.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Definitions

For the purposes of this Decision, the following definitions shall apply:
(a)
‘specified plants’ means plants for planting that have a stem or root collar diameter of 1 cm or more at their thickest point, other than seeds, ofAcerspp.,Aesculus hippocastanum, Alnusspp.,Betulaspp.,Carpinusspp.,Citrusspp.,Cornusspp.,Corylusspp.,Cotoneaster spp.,Crataegusspp.,Fagusspp.,Lagerstroemiaspp.,Malusspp.,Platanusspp.,Populusspp.,Prunus laurocerasus,Pyrusspp.,Rosaspp.,Salixspp. andUlmusspp.;
(b)
‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures (hereinafter ‘ISPM’) No 5(3);
(c)
‘specified organism’ meansAnoplophora chinensis(Forster).

Import of the specified plants originating in third countries except China

As regards imports originating in third countries where the specified organism is known to be present, other than China, specified plants may only be introduced into the Union if they fulfil the following conditions:
(a)
they comply with the specific import requirements, as set out in point 1 of Section 1(A) of Annex I;
(b)
on entry into the Union they are inspected by the responsible official body in accordance with point 2 of Section 1(A) of Annex I for the presence of the specified organism, and no signs of that organism have been found.

Import of the specified plants originating in China

1. As regards imports originating in China, specified plants may only be introduced into the Union if they fulfil the following conditions:
(a)
they comply with the specific import requirements as set out in point 1 of Section 1(B) of Annex I;
(b)
on entry into the Union they are inspected by the responsible official body in accordance with point 2 of Section 1(B) of Annex I for the presence of the specified organism, and no signs of that organism have been found;
(c)
the place of production of those plants:
(i)
is designated by a unique registration number assigned by the national plant protection organisation of China;
(ii)
is included in the most recent version of the register communicated by the Commission to the Member States in accordance with paragraph 3;
(iii)
has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with paragraph 3; and
(iv)
has not, within the previous 2 years, been the subject of a communication by the Commission to the Member States as referred to in paragraph 4 or paragraph 5.
2. However, plants ofAcerspp. shall not be introduced into the Union until 30 April 2012.
From 1 May 2012, paragraph 1 shall apply to plants ofAcerspp.
3. The Commission shall communicate to the Member States the register of places of production in China which its national plant protection organisation has established as in compliance with point 1(b) of Section 1(B) of Annex I.
Where that organisation updates the register by removing a place of production either because that organisation has found that that place of production no longer complies with point 1(b) of Section 1(B) of Annex I or because the Commission has informed China of evidence of the presence of the specified organism at import of specified plants from that place of production, and China makes the updated version of the register available to the Commission, the Commission shall communicate the updated version of the register to the Member States.
Where that organisation updates the register by including a place of production because that organisation has found that that place of production complies with point 1(b) of Section 1(B) of Annex I and China makes the updated version of the register available to the Commission as well as the necessary explanatory information, the Commission shall communicate that updated version and, where appropriate, that explanatory information to the Member States.
Through Internet based information pages, the Commission shall make the register and its updates available to the public.
4. Where during an inspection at a registered place of production, as set out in points (ii), (iii) and (iv) of point 1(b) of Section 1(B) of Annex I, the Chinese plant protection organisation finds evidence of the presence of the specified organism and the Commission is notified of that finding by China, the Commission shall immediately communicate that finding to the Member States.
Through Internet based information pages, the Commission shall also make this information available to the public.
5. Where the Commission has evidence from sources other than those referred to in paragraphs 3 and 4 that a place of production listed in the register does not comply with point 1(b) of Section 1(B) of Annex I or that the specified organism has been found on specified plants imported from such a place of production, it shall communicate the information concerning that place of production to the Member States.
Through Internet based information pages, the Commission shall also make this information available to the public.

Movement of specified plants within the Union

Specified plants originating in demarcated areas within the Union established in accordance with Article 6 may be moved within the Union only if they meet the conditions set out in point 1 of Section 2 of Annex I.
Specified plants which have not been grown in demarcated areas but are introduced into such areas may be moved within the Union only if they meet the conditions set out in point 2 of Section 2 of Annex I.
Specified plants imported in accordance with Articles 2 and 3 from third countries where the specified organism is known to be present may be moved within the Union only if they meet the conditions set out in point 3 of Section 2 of Annex I.

Surveys and notifications of the specified organism

1. Member States shall conduct official annual surveys for the presence of the specified organism and for evidence of infestation by that organism on host plants in their territory.
Without prejudice to Article 16(1) of Directive 2000/29/EC, Member States shall notify the results of those surveys to the Commission and the other Member States by 30 April of each year.
2. Without prejudice to Article 16(1) of Directive 2000/29/EC, Member States shall, within 5 days and in writing, notify the Commission and the other Member States of the presence of the specified organism in an area within their territory where that presence was previously unknown or the specified organism was considered to have been eradicated or where the infestation was detected on a plant species previously not known to be a host plant.

Demarcated areas

1. Where the results of the surveys referred to in Article 5(1) confirm the presence of the specified organism in an area, or there is evidence of the presence of that organism by other means, the Member State concerned shall without delay establish a demarcated area, which shall consist of an infested zone and a buffer zone, in accordance with Section 1 of Annex II.
2. Member States need not establish demarcated areas, as provided for in paragraph 1, if the conditions, as set out in point 1 of Section 2 of Annex II are satisfied. In such a case, Member States shall take the measures as set out in point 2 of that Section.
3. Member States shall take measures in the demarcated areas, as set out in Section 3 of Annex II.
4. Member States shall set time periods for the implementation of the measures provided for in paragraphs 2 and 3.

Reporting on measures

1. Member States shall, within 30 days of the notification referred to in Article 5(2), report to the Commission and the other Member States on the measures they have taken or intend to take in accordance with Article 6.
The report shall also include the description of a demarcated area, where established, and information on its location with a map showing its delimitation and information on the current pest status as well as measures to comply with the requirements concerning the movement of specified plants within the Union set out in Article 4.
It shall describe the evidence and criteria on which the measures are based.
In cases where Member States decide not to establish a demarcated area under Article 6(2), the report shall include justifying data and reasons.
2. Member States shall by 30 April of each year communicate to the Commission and the other Member States a report including an up-to-date list of all demarcated areas established under Article 6, including information on their description and location with maps showing their delimitation, and measures that Member States have taken or intend to take.

Compliance

Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.

Repeal

Decision 2008/840/EC is repealed.

Review

This Decision shall be reviewed by 31 May 2013 at the latest.

Addressees

This Decision is addressed to the Member States.

1.   Specific import requirements

ANNEX IA. Imports originating in third countries except China

| 1. | Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries, other than China, where the specified organism is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional Declaration’:(a)that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or(b)that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or(c)that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). | (a) | that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or | (b) | that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or | (i) | which is registered and supervised by the national plant protection organisation in the country of origin; and | (ii) | which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and | (iii) | where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | (iv) | where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or | (c) | that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). | (i) | at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; | (ii) | the grafted plants have been inspected in accordance with point (b)(iv).
(a) | that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation in the country of origin and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) | that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation in the country of origin; and(ii)which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or | (i) | which is registered and supervised by the national plant protection organisation in the country of origin; and | (ii) | which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and | (iii) | where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | (iv) | where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) | which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) | which has been subjected annually to at least two official meticulous inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) | where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) | where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, for the presence of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) | that the plants have been grown from rootstocks which meet the requirements of point (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv). | (i) | at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; | (ii) | the grafted plants have been inspected in accordance with point (b)(iv).
(i) | at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) | the grafted plants have been inspected in accordance with point (b)(iv).
| 2. | Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC(1). Inspection methods applied shall ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. This inspection shall include targeted destructive sampling. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.B. Imports originating in China

| 1. | Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in China shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional Declaration’:(a)that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or(b)that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or(c)that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv);(d)the registration number of the place of production. | (a) | that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or | (b) | that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or | (i) | which is registered and supervised by the national plant protection organisation of China; and | (ii) | which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and | (iii) | where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | (iv) | where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or | (c) | that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv); | (i) | at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; | (ii) | the grafted plants have been inspected in accordance with point (b)(iv); | (d) | the registration number of the place of production.
(a) | that the plants have been grown throughout their life in a place of production which is registered and supervised by the national plant protection organisation of China and situated in a pest-free area established by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or
(b) | that the plants have been grown, during a period of at least 2 years prior to export, in a place of production established as free fromAnoplophora chinensis(Forster) in accordance with International Standards for Phytosanitary Measures:(i)which is registered and supervised by the national plant protection organisation of China; and(ii)which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and(iii)where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and(iv)where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or | (i) | which is registered and supervised by the national plant protection organisation of China; and | (ii) | which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and | (iii) | where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | (iv) | where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(i) | which is registered and supervised by the national plant protection organisation of China; and
(ii) | which has been subjected annually to at least two official inspections for any sign ofAnoplophora chinensis(Forster) carried out at appropriate times and no signs of the organism have been found; and
(iii) | where the plants have been grown in a site:—with complete physical protection against the introduction of Anoplophora chinensis (Forster), or—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and | — | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or | — | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
— | with complete physical protection against the introduction of Anoplophora chinensis (Forster), or
— | with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least 2 km where official surveys for the presence or signs ofAnoplophora chinensis(Forster) are carried out annually at appropriate times. In case signs ofAnoplophora chinensis(Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) | where immediately prior to export consignments of the plants have been subjected to an official meticulous inspection, including targeted destructive sampling on each lot, for the presence ofAnoplophora chinensis(Forster), in particular in roots and stems of the plants.The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; or
(c) | that the plants have been grown from rootstocks which meet the requirements of (b), grafted with scions which meet the following requirements:(i)at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;(ii)the grafted plants have been inspected in accordance with point (b)(iv); | (i) | at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point; | (ii) | the grafted plants have been inspected in accordance with point (b)(iv);
(i) | at the time of export, the grafted scions are no more than 1 cm in diameter at their thickest point;
(ii) | the grafted plants have been inspected in accordance with point (b)(iv);
(d) | the registration number of the place of production.
| 2. | Specified plants imported in accordance with point 1 shall be meticulously inspected at the point of entry or the place of destination established in accordance with Directive 2004/103/EC. Inspection methods applied, including targeted destructive sampling on each lot, shall ensure the detection of any sign of the specified organism, in particular in roots and stems of the plants. The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.The destructive sampling referred to in the first paragraph shall be carried out at the level set out in the following table:Number of plants in the lotLevel of destructive sampling (number of plants to be cut)1 – 4 50010 % of lot size> 4 500450 | Number of plants in the lot | Level of destructive sampling (number of plants to be cut) | 1 – 4 500 | 10 % of lot size | > 4 500 | 450
Number of plants in the lot | Level of destructive sampling (number of plants to be cut)
1 – 4 500 | 10 % of lot size
> 4 500 | 4502. Conditions for movement

| 1. | Specified plants originating(2)in demarcated areas within the Union may be moved within the Union only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC(3)and have been grown during a period of at least 2 years prior to movement in a place of production:(i)which is registered according to Commission Directive 92/90/EEC(4); and(ii)which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and(iii)which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.Rootstocks which meet the requirements of the first paragraph may be grafted with scions which have not been grown under these conditions, but which are no more than 1 cm in diameter at their thickest point. | (i) | which is registered according to Commission Directive 92/90/EEC(4); and | (ii) | which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and | (iii) | which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found. | — | with complete physical protection against the introduction of the specified organism, or | — | with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
(i) | which is registered according to Commission Directive 92/90/EEC(4); and
(ii) | which has been subjected annually to at least two official meticulous inspections for any sign of the specified organism carried out at appropriate times and no signs of the specified organism have been found; where appropriate, this inspection shall include targeted destructive sampling of the roots and stems of plants; the size of the sample for inspection shall be such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %; and
(iii) | which is located in a demarcated area where the plants have been grown in a site:—with complete physical protection against the introduction of the specified organism, or—with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found. | — | with complete physical protection against the introduction of the specified organism, or | — | with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
— | with complete physical protection against the introduction of the specified organism, or
— | with the application of appropriate preventive treatments or where targeted destructive sampling is carried out on each lot of specified plants prior to movement at the level set out in the table in point 2 of Part B of Section 1 and, in any case, where official surveys for the presence or signs of the specified organism are carried out annually within a radius of at least 1 km around the site at appropriate times and no specified organism or signs of it were found.
| 2. | Specified plants not originating(5)in demarcated areas, but introduced into a place of production in such areas, may be moved within the Union on condition that this place of production complies with the requirements set out in point 1(iii) and only if the plants are accompanied by a plant passport prepared and issued in accordance with Directive 92/105/EEC.
| 3. | Specified plants imported from third countries where the specified organism is known to be present in accordance with Section 1 may be moved within the Union only if they are accompanied by the plant passport referred to in point 1.
(1)
OJ L 313, 12.10.2004, p. 16.
(2) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 and Phytosanitary certificates — Reference Standard ISPM No 12 by the Secretariat of the International Plant Protection Convention, Rome.
(3)
OJ L 4, 8.1.1993, p. 22.
(4)
OJ L 344, 26.11.1992, p. 38.
(5) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 and Phytosanitary certificates — Reference Standard ISPM No 12 by the Secretariat of the International Plant Protection Convention, Rome.

ESTABLISHMENT OF DEMARCATED AREAS AND MEASURES, AS PROVIDED FOR IN ARTICLE 6

ANNEX II1. Establishment of demarcated areas

| 1. | Demarcated areas shall consist of the following zones:(a)an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and(b)a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone. | (a) | an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and | (b) | a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone.
(a) | an infested zone which is the zone where the presence of the specified organism has been confirmed, and which includes all plants showing symptoms caused by the specified organism and, where appropriate, all plants belonging to the same lot at the time of planting; and
(b) | a buffer zone with a radius of at least 2 km beyond the boundary of the infested zone.
| 2. | The exact delimitation of the zones shall be based on sound scientific principles, the biology of the specified organism, the level of infestation, the particular distribution of the host plants in the area concerned and evidence of establishment of the specified organism. In cases where the responsible official body concludes that eradication of the specified organism is possible, taking into account the circumstances of the outbreak, the results of a specific investigation or the immediate application of eradication measures, the radius of the buffer zone may be reduced to not less than 1 km beyond the boundary of the infested zone. In cases where eradication of the specified organism is no longer possible the radius cannot be reduced below 2 km.
| 3. | If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the infested zone and buffer zone shall be reviewed and changed accordingly.
| 4. | Where in a demarcated area, based on the surveys referred to in Article 5(1) and on the monitoring referred to in point 1(h) of Section 3 of Annex II, the specified organism is not detected for a period that includes at least one life cycle and 1 additional year but in any case is not less than 4 consecutive years, this demarcation may be lifted. The exact length of a life cycle depends on evidence that is available for the area concerned or similar climate zone. The demarcation may also be lifted in cases where, following further investigation, the conditions set out in point 1 of Section 2 are found to be satisfied.2. Conditions under which no demarcated area need be established

| 1. | In accordance with Article 6(2) Member States need not establish a demarcated area, as provided for in Article 6(1), where the following conditions are satisfied:(a)there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and(b)it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined. | (a) | there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and | (b) | it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined.
(a) | there is evidence either that the specified organism has been introduced into the area with the plants on which it was found and there is an indication that those plants were infested before their introduction into the area concerned, or that it is an isolated finding, immediately associated with a specified plant or not, not expected to lead to establishment; and
(b) | it is ascertained that there is no establishment of the specified organism and that the spread and successful breeding of the specified organism is not possible due to its biology and taking into account the results of a specific investigation and eradication measures that may consist of precautionary felling and disposal of specified plants including their roots after they have been examined.
| 2. | Where the conditions set out in point 1 are satisfied, Member States need not establish demarcated areas, provided that they take the following measures:(a)immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread;(b)monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive;(c)the destruction of any infested plant material;(d)tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;(e)activities to raise public awareness concerning the threat of that organism;(f)any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).The measures referred to in points (a) to (f) shall be presented in the form of a report referred to in Article 7. | (a) | immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread; | (b) | monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive; | (c) | the destruction of any infested plant material; | (d) | tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling; | (e) | activities to raise public awareness concerning the threat of that organism; | (f) | any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).
(a) | immediate measures to ensure the prompt eradication of the specified organism and to exclude the possibility of its spread;
(b) | monitoring during the period covering at least one life cycle of the specified organism and 1 additional year including monitoring in at least 4 consecutive years, in a radius of at least 1 km around the infested plants or the place where the specified organism was found; for the first year at least monitoring shall be regular and intensive;
(c) | the destruction of any infested plant material;
(d) | tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned as far as possible and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;
(e) | activities to raise public awareness concerning the threat of that organism;
(f) | any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(1)and applying an integrated approach according to the principles set out in ISPM No 14(2).3. Measures to be taken in demarcated areas

| 1. | In demarcated areas Member States shall take the following measures to eradicate the specified organism:(a)the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7;(b)the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants;(c)removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling;(d)prevention of any movement of potentially infested material out of the demarcated area;(e)tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;(f)where appropriate, replacement of specified plants by other plants;(g)prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I;(h)intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;(i)activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;(j)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;(k)any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).The measures referred to in points (a) to (k) shall be presented in the form of a report referred to in Article 7. | (a) | the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7; | (b) | the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants; | (c) | removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling; | (d) | prevention of any movement of potentially infested material out of the demarcated area; | (e) | tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling; | (f) | where appropriate, replacement of specified plants by other plants; | (g) | prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I; | (h) | intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7; | (i) | activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6; | (j) | where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them; | (k) | any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).
(a) | the immediate felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to Article 7;
(b) | the felling of all specified plants within a radius of 100 m around infested plants and the examination of those specified plants for any sign of infestation; in exceptional cases where a responsible official body concludes that such felling is inappropriate, the individual detailed examination for any sign of infestation of all these specified plants within that radius which are not to be felled, and the application, where appropriate, of measures to prevent any possible spread of the specified organism from those plants;
(c) | removal, examination and disposal of plants felled in accordance with points (a) and (b) and of their roots; taking of all necessary precautions to avoid spreading of the specified organism during and after felling;
(d) | prevention of any movement of potentially infested material out of the demarcated area;
(e) | tracing back to the origin of the infestation and tracing of plants associated with the case of infestation concerned, as far as possible, and the examination thereof for any sign of infestation; the examination shall include targeted destructive sampling;
(f) | where appropriate, replacement of specified plants by other plants;
(g) | prohibition of planting of new specified plants in the open air in an area referred to in point 1(b) of Section 3 of Annex II, except for places of production referred to in Section 2 of Annex I;
(h) | intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, with specific focus on the buffer zone, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;
(i) | activities to raise public awareness concerning the threat of that organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;
(j) | where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay eradication, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;
(k) | any other measure, which may contribute to the eradication of the specified organism, taking account of ISPM No 9(3)and applying an integrated approach according to the principles set out in ISPM No 14(4).
| 2. | When the results of the surveys referred to in Article 5 during more than 4 consecutive years have confirmed the presence of the specified organism in an area and in case there is evidence that the specified organism can no longer be eradicated, Member States can limit the measures to the containment of the specified organism within that area. Such measures shall include at least the following:(a)felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7;(b)removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling;(c)prevention of any movement of potentially infested material out of the demarcated area;(d)where appropriate, replacement of specified plants by other plants;(e)prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I;(f)intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;(g)activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;(h)where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;(i)any other measure, which may contribute to the containment of the specified organism.The measures referred to in points (a) to (i) shall be presented in the form of a report referred to in Article 7. | (a) | felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7; | (b) | removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling; | (c) | prevention of any movement of potentially infested material out of the demarcated area; | (d) | where appropriate, replacement of specified plants by other plants; | (e) | prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I; | (f) | intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7; | (g) | activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6; | (h) | where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them; | (i) | any other measure, which may contribute to the containment of the specified organism.
(a) | felling of infested plants and plants with symptoms caused by the specified organism, and the complete removal of their roots; felling activities shall start immediately, however in cases where the infested plants were found outside the flying period of the specified organism the felling and removal shall be carried out before the start of the next flying period; in exceptional cases where a responsible official body concludes that such felling is inappropriate an alternative eradication measure may be applied offering the same level of protection against the spread of the specified organism; the reasons for that conclusion and the description of the measure shall be notified to the Commission in the report referred to in Article 7;
(b) | removal, examination and disposal of plants felled and of their roots; taking of necessary precautions to avoid spreading of the specified organism after felling;
(c) | prevention of any movement of potentially infested material out of the demarcated area;
(d) | where appropriate, replacement of specified plants by other plants;
(e) | prohibition of planting of new specified plants in the open air in an infested area referred to in point 1(a) of Section 1 of Annex II except for places of production referred to in Section 2 of Annex I;
(f) | intensive monitoring for the presence of the specified organism by annual inspections at appropriate times on host plants, including where appropriate targeted destructive sampling; the number of samples shall be indicated in the report referred to in Article 7;
(g) | activities to raise public awareness concerning the threat of the specified organism and the measures adopted to prevent its introduction into and spread within the Union including the conditions regarding movement of specified plants from the demarcated area established under Article 6;
(h) | where necessary, specific measures to address any particularity or complication that could reasonably be expected to prevent, hinder or delay containment, in particular those related to the accessibility and adequate eradication of all plants that are infested or suspected of infestation, irrespective of their location, public or private ownership or the person or entity responsible for them;
(i) | any other measure, which may contribute to the containment of the specified organism.
(1) Guidelines for pest eradication programmes — Reference Standard ISPM No 9 by the Secretariat of the International Plant Protection Convention, Rome.
(2) The use of integrated measures in a systems approach for pest risk management — Reference Standard ISPM No 14 by the Secretariat of the International Plant Protection Convention, Rome.
(3) Guidelines for pest eradication programmes — Reference Standard ISPM No 9 by the Secretariat of the International Plant Protection Convention, Rome.
(4) The use of integrated measures in a systems approach for pest risk management — Reference Standard ISPM No 14 by the Secretariat of the International Plant Protection Convention, Rome.

Pending: 32012D0081

January 16, 2026
14.2.2012 EN Official Journal of the European Union L 40/10
(1) On 31 March 2008, Bayer CropScience AG submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from A5547-127 soybean (‘the application’).
(2) The application also covers the placing on the market of products other than food and feed containing or consisting of A5547-127 soybean for the same uses as any other soybean with the exception of cultivation. Therefore, in accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(3) On 10 May 2011, the European Food Safety Authority (EFSA) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It concluded that soybean A5547-127, as described in the application, is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment(3).
(4) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regulation.
(5) In particular, EFSA concluded that soybean A5547-127 is compositionally and agronomically not different from its non-genetically modified counterpart and equivalent to commercial varieties, except for the introduced trait and as a consequence, that animal safety studies with the whole food/feed (e.g. a 90-day toxicity study in rats) are not needed.
(6) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(7) Taking into account those considerations, authorisation should be granted for the products containing, consisting of, or produced from A5547-127 soybean as described in the application (‘the products’).
(8) A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(4).
(9) On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from A5547-127 soybean. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.
(10) Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC(5), lays down in Article 4(6) labelling requirements for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(11) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council(6). The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and point (c) of Article 15(2) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(7).
(14) The applicant has been consulted on the measures provided for in this Decision.
(15) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
(a) foods and food ingredients containing, consisting of, or produced from ACS-GMØØ6-4 soybean;
(b) feed containing, consisting of, or produced from ACS-GMØØ6-4 soybean;
(c) products other than food and feed containing or consisting of ACS-GMØØ6-4 soybean for the same uses as any other soybean with the exception of cultivation.
Name : Bayer CropScience AG
Address : Alfred-Nobel-Strasse 50, 40789 Monheim am Rhein, GERMANY
(1) Foods and food ingredients containing, consisting of, or produced from ACS-GMØØ6-4 soybean.
(2) Feed containing, consisting of, or produced from ACS-GMØØ6-4 soybean.
(3) Products other than food and feed containing or consisting of ACS-GMØØ6-4 soybean for the same uses as any other soybean with the exception of cultivation.
(1) For the purposes of the specific labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
(2) The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of ACS-GMØØ6-4 soybean referred to in Article 2(b) and (c) of this Decision.
— Event-specific real-time PCR-based method for the quantification of ACS-GMØØ6-4 soybean,
— validated by the European Union Reference Laboratory established under Regulation (EC) No 1829/2003, published at http://gmo-crl.jrc.ec.europa.eu/statusofdoss.htm
— reference material: AOCS 0707-C3 and 0707-A2 accessible via the American Oil Chemists Society at http://www.aocs.org/tech/crm
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Article 7(3) and Article 19(3) thereof,
(1) On 31 March 2008, Bayer CropScience AG submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from A5547-127 soybean (‘the application’).
(2) The application also covers the placing on the market of products other than food and feed containing or consisting of A5547-127 soybean for the same uses as any other soybean with the exception of cultivation. Therefore, in accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(3) On 10 May 2011, the European Food Safety Authority (EFSA) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It concluded that soybean A5547-127, as described in the application, is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment(3).
(4) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regulation.
(5) In particular, EFSA concluded that soybean A5547-127 is compositionally and agronomically not different from its non-genetically modified counterpart and equivalent to commercial varieties, except for the introduced trait and as a consequence, that animal safety studies with the whole food/feed (e.g. a 90-day toxicity study in rats) are not needed.
(6) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(7) Taking into account those considerations, authorisation should be granted for the products containing, consisting of, or produced from A5547-127 soybean as described in the application (‘the products’).
(8) A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(4).
(9) On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from A5547-127 soybean. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.
(10) Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC(5), lays down in Article 4(6) labelling requirements for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(11) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council(6). The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and point (c) of Article 15(2) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(7).
(14) The applicant has been consulted on the measures provided for in this Decision.
(15) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier
Article 1
Genetically modified soybean A5547-127, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier ACS-GMØØ6-4, as provided for in Regulation (EC) No 65/2004.

Authorisation
Article 2
The following products are authorised for the purposes of Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:
(a)
foods and food ingredients containing, consisting of, or produced from ACS-GMØØ6-4 soybean;
(b)
feed containing, consisting of, or produced from ACS-GMØØ6-4 soybean;
(c)
products other than food and feed containing or consisting of ACS-GMØØ6-4 soybean for the same uses as any other soybean with the exception of cultivation.

Labelling
Article 3
1. For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
2. The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of ACS-GMØØ6-4 soybean referred to in points (b) and (c) of Article 2.

Monitoring for environmental effects
Article 4
1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with the Decision 2009/770/EC.

Community register
Article 5
The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holder
Article 6
The authorisation holder shall be Bayer CropScience AG.

Validity
Article 7
This Decision shall apply for a period of 10 years from the date of its notification.

Addressee
Article 8
This Decision is addressed to Bayer CropScience AG, Alfred-Nobel-Strasse 50, 40789 Monheim am Rhein, GERMANY.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Article 7(3) and Article 19(3) thereof,
(1) On 31 March 2008, Bayer CropScience AG submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from A5547-127 soybean (‘the application’).
(2) The application also covers the placing on the market of products other than food and feed containing or consisting of A5547-127 soybean for the same uses as any other soybean with the exception of cultivation. Therefore, in accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(3) On 10 May 2011, the European Food Safety Authority (EFSA) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It concluded that soybean A5547-127, as described in the application, is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment(3).
(4) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regulation.
(5) In particular, EFSA concluded that soybean A5547-127 is compositionally and agronomically not different from its non-genetically modified counterpart and equivalent to commercial varieties, except for the introduced trait and as a consequence, that animal safety studies with the whole food/feed (e.g. a 90-day toxicity study in rats) are not needed.
(6) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products.
(7) Taking into account those considerations, authorisation should be granted for the products containing, consisting of, or produced from A5547-127 soybean as described in the application (‘the products’).
(8) A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(4).
(9) On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from A5547-127 soybean. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.
(10) Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC(5), lays down in Article 4(6) labelling requirements for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(11) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council(6). The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and point (c) of Article 15(2) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(7).
(14) The applicant has been consulted on the measures provided for in this Decision.
(15) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chairman. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The appeal committee did not deliver an opinion,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier

Genetically modified soybean A5547-127, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier ACS-GMØØ6-4, as provided for in Regulation (EC) No 65/2004.

Authorisation

The following products are authorised for the purposes of Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:
(a)
foods and food ingredients containing, consisting of, or produced from ACS-GMØØ6-4 soybean;
(b)
feed containing, consisting of, or produced from ACS-GMØØ6-4 soybean;
(c)
products other than food and feed containing or consisting of ACS-GMØØ6-4 soybean for the same uses as any other soybean with the exception of cultivation.

Labelling

1. For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
2. The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of ACS-GMØØ6-4 soybean referred to in points (b) and (c) of Article 2.

Monitoring for environmental effects

1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with the Decision 2009/770/EC.

Community register

The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holder

The authorisation holder shall be Bayer CropScience AG.

Validity

This Decision shall apply for a period of 10 years from the date of its notification.

Addressee

This Decision is addressed to Bayer CropScience AG, Alfred-Nobel-Strasse 50, 40789 Monheim am Rhein, GERMANY.

(a)   Applicant and authorisation holder

ANNEX
Name | : | Bayer CropScience AG
Address | : | Alfred-Nobel-Strasse 50, 40789 Monheim am Rhein, GERMANY(b) Designation and specification of the products

(1) | Foods and food ingredients containing, consisting of, or produced from ACS-GMØØ6-4 soybean.
(2) | Feed containing, consisting of, or produced from ACS-GMØØ6-4 soybean.
(3) | Products other than food and feed containing or consisting of ACS-GMØØ6-4 soybean for the same uses as any other soybean with the exception of cultivation.The genetically modified ACS-GMØØ6-4 soybean, as described in the application, expresses the PAT protein which confers tolerance to the glufosinate-ammonium herbicide.
(c) Labelling

(1) | For the purposes of the specific labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘soybean’.
(2) | The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of ACS-GMØØ6-4 soybean referred to in Article 2(b) and (c) of this Decision.(d) Method for detection

— | Event-specific real-time PCR-based method for the quantification of ACS-GMØØ6-4 soybean,
— | validated by the European Union Reference Laboratory established under Regulation (EC) No 1829/2003, published at http://gmo-crl.jrc.ec.europa.eu/statusofdoss.htm
— | reference material: AOCS 0707-C3 and 0707-A2 accessible via the American Oil Chemists Society at http://www.aocs.org/tech/crm(e) Unique identifier
ACS-GMØØ6-4
(f) Information required under Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity
Biosafety Clearing House, Record ID: see [to be completed when notified].
(g) Conditions or restrictions on the placing on the market, use or handling of the products
Not required.
(h) Monitoring plan
Monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
[Link:plan published on the Internet]
(i) Post-market monitoring requirements for the use of the food for human consumption
Not required.
Note:Links to relevant documents may need to be modified over time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.

Pending: 32012D0044

January 16, 2026
27.1.2012 EN Official Journal of the European Union L 24/14
(1) Directives 91/496/EEC and 97/78/EC detail specific requirements for veterinary checks on each consignment of live animals and products of animal origin coming from a third country and destined to the Union in a Union approved border inspection post (BIP).
(2) Article 13 of Directive 91/496/EEC permits special rules for checks to be carried out on live animals imported for slaughter and intended for local consumption and of breeding or production animals, for use in remote parts of Member States. These rules require that plans describing the nature of the checks to be carried out have to be submitted to the Commission. These plans must specify the checks carried out to prevent animals introduced into the remote regions concerned or products derived from those animals being dispatched under any circumstances to other parts of Union territory.
(3) Article 18 of Directive 97/78/EC permits special rules for checks to be carried out on products of animal origin imported for local use in remote parts of, amongst others, the French Republic. These rules require that plans describing the nature of the checks to be carried out have to be submitted to the Commission. These plans must specify the checks carried out to prevent products of animal origin being introduced into the remote regions concerned being dispatched under any circumstances to other parts of Union territory.
(4) Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(3)and Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(4)are detailing the procedures for notification of and the veterinary checks on products of animal origin and live animals and the Common Veterinary Entry Documents (CVEDs), which have to be used to document the results of the veterinary checks on such consignments.
(5) The French authorities have submitted respective plans to the Commission for certain entry points located in the French overseas departments Guadeloupe, Martinique and French Guiana.
(6) The French plans demonstrate that all consignments of live animals or products of animal origin are required be presented for import at designated entry points in the departments, where they are subject to veterinary checks. The plans demonstrate that when implemented the dispatch of consignments into other parts of Union territory, which do not comply with the requirements of relevant Union legislation, is effectively prevented. This is achieved by the stamping on the CVEDs of live animals or products of animal origin approved for import into the departments that they are restricted for use only in the territory of the relevant department. Importers are informed that it is not possible to dispatch these live animals, products derived from them, or products of animal origin to other parts of Union territory and the competent authorities of the French overseas departments monitor this requirement when approving intra-trade certificates.
(7) The French plans detail as well the infrastructure of the facilities with sufficient large premises allowing for hygienic sampling and the equipment necessary to carry out the veterinary checks required to verify that Union public and animal health requirements for live animals and products of animal origin are being met. In addition, there are premises and cold stores for storage of consignments sampled, detained or inspected in place and additionally, for live animals, appropriate facilities to house them pending the results of any checks carried out.
(8) The French plans detail that sufficient numbers of veterinary and technical staff are available to carry out the veterinary checks as provided for by Articles 4 of Directives 91/496/EEC and 97/78/EC and in accordance with provisions set out in Annex I to Regulation (EC) No 136/2004 and in Regulation (EC) No 282/2004.
(9) While in general veterinary checks have to be carried out on all consignments of products of animal origin, Article 10 of Directive 97/78/EC allows for the reduction of the frequency of physical checks on certain products of animal origin, which are listed together with the relevant frequency for physical checks in Annexes I and II to Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC(5). To be consistent with the veterinary checks at Union borders, these reduced frequencies may be applied for the veterinary consignments destined to the three French overseas departments.
(10) The Union’s Trade Control and Expert System (Traces) set up by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system(6)provides that Member States are to introduce and start using Traces in particular for consignments of live animals and products of animal origin coming from non-Union countries.
(11) The use of the Traces system for imports of live animals and products of animal origin requires the issue of a CVED for each consignment presented for introduction. These documents should be used to ensure that such imported consignments of live animals, or products of animal origin are not dispatched to other parts of the Union territory and are for local use only.
(12) The entry points in the French overseas departments Guadeloupe, Martinique and French Guiana should thus be identified and the requirements for their operation should be specified in this Decision.
(13) 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) notify the competent authority responsible for the entry point before the physical arrival of the consignment of products using the first part of the CVED in accordance with Article 2 of Regulation (EC) No 136/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;
(2) give one working day’s notice to the competent authority where live animals are to be presented specifying the number, nature and estimated time of arrival and using the first part of the CVED in accordance with Article 1 of Regulation (EC) No 282/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;
(3) keep a register approved by the competent authority showing the quantities of products or animals imported and the name and address of the purchaser(s);
(4) inform the purchaser(s) that the products derived from the animals or products of animal origin imported are for local consumption only and for breeding and production animals they must not be dispatched under any circumstances to other territories of the Union;
(5) inform the purchaser(s) that, in the case of resale, the purchaser(s) must inform the new purchaser(s) where the latter is a commercial operator that the products are for local consumption only and for breeding and production animals they must not under any circumstances be dispatched to other parts of the Union territory.
1 2 3 4 5
Guadeloupe — port de Baie-Mahault FR09600 P HC, NHC
Guadeloupe — aéroport des Abymes FR09600 A HC, NHC-NT
Martinique — port de Fort-de-France FR09700 P HC, NHC-T(CH), NHC-NT
Martinique — aéroport Aimé Césaire FR09700 A HC-T(CH), HC-NT, NHC-T(CH), NHC-NT O, E
French Guiana — St Georges de l’Oyapock FR09800 R HC, NHC O
1 = Name
2 = Traces Code of the Local Veterinary Unit
3 = Type: A = Airport, P = Port, R = Road
4 = Products:HC=All products for human consumptionNHC=Other products not for human consumptionNT=No temperature requirementsT=Frozen/Chilled productsT(FR)=Frozen productsT(CH)=Chilled products HC = All products for human consumption NHC = Other products not for human consumption NT = No temperature requirements T = Frozen/Chilled products T(FR) = Frozen products T(CH) = Chilled products
HC = All products for human consumption
NHC = Other products not for human consumption
NT = No temperature requirements
T = Frozen/Chilled products
T(FR) = Frozen products
T(CH) = Chilled products
5 = Live animals:E=Registered equidae as defined in Directive 90/426/EEC(1)O=Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds) E = Registered equidae as defined in Directive 90/426/EEC(1) O = Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds)
E = Registered equidae as defined in Directive 90/426/EEC(1)
O = Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds)
HC = All products for human consumption
NHC = Other products not for human consumption
NT = No temperature requirements
T = Frozen/Chilled products
T(FR) = Frozen products
T(CH) = Chilled products
E = Registered equidae as defined in Directive 90/426/EEC(1)
O = Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 13 thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 18 thereof,
(1) Directives 91/496/EEC and 97/78/EC detail specific requirements for veterinary checks on each consignment of live animals and products of animal origin coming from a third country and destined to the Union in a Union approved border inspection post (BIP).
(2) Article 13 of Directive 91/496/EEC permits special rules for checks to be carried out on live animals imported for slaughter and intended for local consumption and of breeding or production animals, for use in remote parts of Member States. These rules require that plans describing the nature of the checks to be carried out have to be submitted to the Commission. These plans must specify the checks carried out to prevent animals introduced into the remote regions concerned or products derived from those animals being dispatched under any circumstances to other parts of Union territory.
(3) Article 18 of Directive 97/78/EC permits special rules for checks to be carried out on products of animal origin imported for local use in remote parts of, amongst others, the French Republic. These rules require that plans describing the nature of the checks to be carried out have to be submitted to the Commission. These plans must specify the checks carried out to prevent products of animal origin being introduced into the remote regions concerned being dispatched under any circumstances to other parts of Union territory.
(4) Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(3)and Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(4)are detailing the procedures for notification of and the veterinary checks on products of animal origin and live animals and the Common Veterinary Entry Documents (CVEDs), which have to be used to document the results of the veterinary checks on such consignments.
(5) The French authorities have submitted respective plans to the Commission for certain entry points located in the French overseas departments Guadeloupe, Martinique and French Guiana.
(6) The French plans demonstrate that all consignments of live animals or products of animal origin are required be presented for import at designated entry points in the departments, where they are subject to veterinary checks. The plans demonstrate that when implemented the dispatch of consignments into other parts of Union territory, which do not comply with the requirements of relevant Union legislation, is effectively prevented. This is achieved by the stamping on the CVEDs of live animals or products of animal origin approved for import into the departments that they are restricted for use only in the territory of the relevant department. Importers are informed that it is not possible to dispatch these live animals, products derived from them, or products of animal origin to other parts of Union territory and the competent authorities of the French overseas departments monitor this requirement when approving intra-trade certificates.
(7) The French plans detail as well the infrastructure of the facilities with sufficient large premises allowing for hygienic sampling and the equipment necessary to carry out the veterinary checks required to verify that Union public and animal health requirements for live animals and products of animal origin are being met. In addition, there are premises and cold stores for storage of consignments sampled, detained or inspected in place and additionally, for live animals, appropriate facilities to house them pending the results of any checks carried out.
(8) The French plans detail that sufficient numbers of veterinary and technical staff are available to carry out the veterinary checks as provided for by Articles 4 of Directives 91/496/EEC and 97/78/EC and in accordance with provisions set out in Annex I to Regulation (EC) No 136/2004 and in Regulation (EC) No 282/2004.
(9) While in general veterinary checks have to be carried out on all consignments of products of animal origin, Article 10 of Directive 97/78/EC allows for the reduction of the frequency of physical checks on certain products of animal origin, which are listed together with the relevant frequency for physical checks in Annexes I and II to Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC(5). To be consistent with the veterinary checks at Union borders, these reduced frequencies may be applied for the veterinary consignments destined to the three French overseas departments.
(10) The Union’s Trade Control and Expert System (Traces) set up by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system(6)provides that Member States are to introduce and start using Traces in particular for consignments of live animals and products of animal origin coming from non-Union countries.
(11) The use of the Traces system for imports of live animals and products of animal origin requires the issue of a CVED for each consignment presented for introduction. These documents should be used to ensure that such imported consignments of live animals, or products of animal origin are not dispatched to other parts of the Union territory and are for local use only.
(12) The entry points in the French overseas departments Guadeloupe, Martinique and French Guiana should thus be identified and the requirements for their operation should be specified in this Decision.
(13) 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
For the purposes of Article 13 of Directive 91/496/EEC and Article 18 of Directive 97/78/EC, the authorised entry points in the French overseas departments Guadeloupe, Martinique and French Guiana shall be as listed in the Annex to this Decision.

Article 2
1. Each entry point listed in the Annex shall be under the responsibility of a competent authority with official veterinarians and designated technicians at its disposal, if necessary.
2. Each entry point shall have all the facilities, equipment and staff necessary to carry out veterinary checks on consignments of live animals or products of animal origin they are designated to receive.

Article 3
The importer or his representative must:
(1)
notify the competent authority responsible for the entry point before the physical arrival of the consignment of products using the first part of the CVED in accordance with Article 2 of Regulation (EC) No 136/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;
(2)
give one working day’s notice to the competent authority where live animals are to be presented specifying the number, nature and estimated time of arrival and using the first part of the CVED in accordance with Article 1 of Regulation (EC) No 282/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;
(3)
keep a register approved by the competent authority showing the quantities of products or animals imported and the name and address of the purchaser(s);
(4)
inform the purchaser(s) that the products derived from the animals or products of animal origin imported are for local consumption only and for breeding and production animals they must not be dispatched under any circumstances to other territories of the Union;
(5)
inform the purchaser(s) that, in the case of resale, the purchaser(s) must inform the new purchaser(s) where the latter is a commercial operator that the products are for local consumption only and for breeding and production animals they must not under any circumstances be dispatched to other parts of the Union territory.

Article 4
1. The official veterinarian, assisted by designated technicians shall carry out the checks at the entry points listed in the Annex to this Decision in accordance with Articles 4 of Directive 91/496/EEC and 97/78/EC and in accordance with provisions set out in Annex I to Regulation (EC) No 136/2004 and in Regulation (EC) No 282/2004.
2. Physical checks may be carried out on certain products of animal origin in the frequency set out in Annexes I and II to Decision 94/360/EC.
3. The official veterinarians shall ensure that all data contained in the CVED for live animals and products of animal origin presented for import is entered into the Traces system in accordance with Article 3(2) of Decision 2004/292/EC.
4. The official veterinarians shall ensure that after the veterinary checks are carried out, the relevant CVED issued is stamped to indicate that the animals or products of animal origin may only be for local use and must not under any circumstances be dispatched to other parts of the Union territory.
5. The official veterinarian shall make regular inspections of the places of housing/storage of the imported animals or products of animal origin to verify that public and animal health requirements are maintained and the consignments are not dispatched to other parts of the Union territory.

Article 5
The provisions laid down in Directive 91/496/EEC, except those in Article 6, and in Directive 97/78/EC, except those in Article 6, shall continue to apply.

Article 6
The French authorities shall take the appropriate administrative or penal measures against any infringements of this Decision committed by a natural or legal person.

Article 7
This Decision shall enter into force on the 1 March 2012.

Article 8
The Decision is addressed to the French Republic.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 13 thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 18 thereof,
(1) Directives 91/496/EEC and 97/78/EC detail specific requirements for veterinary checks on each consignment of live animals and products of animal origin coming from a third country and destined to the Union in a Union approved border inspection post (BIP).
(2) Article 13 of Directive 91/496/EEC permits special rules for checks to be carried out on live animals imported for slaughter and intended for local consumption and of breeding or production animals, for use in remote parts of Member States. These rules require that plans describing the nature of the checks to be carried out have to be submitted to the Commission. These plans must specify the checks carried out to prevent animals introduced into the remote regions concerned or products derived from those animals being dispatched under any circumstances to other parts of Union territory.
(3) Article 18 of Directive 97/78/EC permits special rules for checks to be carried out on products of animal origin imported for local use in remote parts of, amongst others, the French Republic. These rules require that plans describing the nature of the checks to be carried out have to be submitted to the Commission. These plans must specify the checks carried out to prevent products of animal origin being introduced into the remote regions concerned being dispatched under any circumstances to other parts of Union territory.
(4) Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(3)and Commission Regulation (EC) No 282/2004 of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community(4)are detailing the procedures for notification of and the veterinary checks on products of animal origin and live animals and the Common Veterinary Entry Documents (CVEDs), which have to be used to document the results of the veterinary checks on such consignments.
(5) The French authorities have submitted respective plans to the Commission for certain entry points located in the French overseas departments Guadeloupe, Martinique and French Guiana.
(6) The French plans demonstrate that all consignments of live animals or products of animal origin are required be presented for import at designated entry points in the departments, where they are subject to veterinary checks. The plans demonstrate that when implemented the dispatch of consignments into other parts of Union territory, which do not comply with the requirements of relevant Union legislation, is effectively prevented. This is achieved by the stamping on the CVEDs of live animals or products of animal origin approved for import into the departments that they are restricted for use only in the territory of the relevant department. Importers are informed that it is not possible to dispatch these live animals, products derived from them, or products of animal origin to other parts of Union territory and the competent authorities of the French overseas departments monitor this requirement when approving intra-trade certificates.
(7) The French plans detail as well the infrastructure of the facilities with sufficient large premises allowing for hygienic sampling and the equipment necessary to carry out the veterinary checks required to verify that Union public and animal health requirements for live animals and products of animal origin are being met. In addition, there are premises and cold stores for storage of consignments sampled, detained or inspected in place and additionally, for live animals, appropriate facilities to house them pending the results of any checks carried out.
(8) The French plans detail that sufficient numbers of veterinary and technical staff are available to carry out the veterinary checks as provided for by Articles 4 of Directives 91/496/EEC and 97/78/EC and in accordance with provisions set out in Annex I to Regulation (EC) No 136/2004 and in Regulation (EC) No 282/2004.
(9) While in general veterinary checks have to be carried out on all consignments of products of animal origin, Article 10 of Directive 97/78/EC allows for the reduction of the frequency of physical checks on certain products of animal origin, which are listed together with the relevant frequency for physical checks in Annexes I and II to Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC(5). To be consistent with the veterinary checks at Union borders, these reduced frequencies may be applied for the veterinary consignments destined to the three French overseas departments.
(10) The Union’s Trade Control and Expert System (Traces) set up by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system(6)provides that Member States are to introduce and start using Traces in particular for consignments of live animals and products of animal origin coming from non-Union countries.
(11) The use of the Traces system for imports of live animals and products of animal origin requires the issue of a CVED for each consignment presented for introduction. These documents should be used to ensure that such imported consignments of live animals, or products of animal origin are not dispatched to other parts of the Union territory and are for local use only.
(12) The entry points in the French overseas departments Guadeloupe, Martinique and French Guiana should thus be identified and the requirements for their operation should be specified in this Decision.
(13) 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:
For the purposes of Article 13 of Directive 91/496/EEC and Article 18 of Directive 97/78/EC, the authorised entry points in the French overseas departments Guadeloupe, Martinique and French Guiana shall be as listed in the Annex to this Decision.
1. Each entry point listed in the Annex shall be under the responsibility of a competent authority with official veterinarians and designated technicians at its disposal, if necessary.
2. Each entry point shall have all the facilities, equipment and staff necessary to carry out veterinary checks on consignments of live animals or products of animal origin they are designated to receive.
The importer or his representative must:
(1)
notify the competent authority responsible for the entry point before the physical arrival of the consignment of products using the first part of the CVED in accordance with Article 2 of Regulation (EC) No 136/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;
(2)
give one working day’s notice to the competent authority where live animals are to be presented specifying the number, nature and estimated time of arrival and using the first part of the CVED in accordance with Article 1 of Regulation (EC) No 282/2004 and using the Traces system in accordance with Article 3 of Decision 2004/292/EC;
(3)
keep a register approved by the competent authority showing the quantities of products or animals imported and the name and address of the purchaser(s);
(4)
inform the purchaser(s) that the products derived from the animals or products of animal origin imported are for local consumption only and for breeding and production animals they must not be dispatched under any circumstances to other territories of the Union;
(5)
inform the purchaser(s) that, in the case of resale, the purchaser(s) must inform the new purchaser(s) where the latter is a commercial operator that the products are for local consumption only and for breeding and production animals they must not under any circumstances be dispatched to other parts of the Union territory.
1. The official veterinarian, assisted by designated technicians shall carry out the checks at the entry points listed in the Annex to this Decision in accordance with Articles 4 of Directive 91/496/EEC and 97/78/EC and in accordance with provisions set out in Annex I to Regulation (EC) No 136/2004 and in Regulation (EC) No 282/2004.
2. Physical checks may be carried out on certain products of animal origin in the frequency set out in Annexes I and II to Decision 94/360/EC.
3. The official veterinarians shall ensure that all data contained in the CVED for live animals and products of animal origin presented for import is entered into the Traces system in accordance with Article 3(2) of Decision 2004/292/EC.
4. The official veterinarians shall ensure that after the veterinary checks are carried out, the relevant CVED issued is stamped to indicate that the animals or products of animal origin may only be for local use and must not under any circumstances be dispatched to other parts of the Union territory.
5. The official veterinarian shall make regular inspections of the places of housing/storage of the imported animals or products of animal origin to verify that public and animal health requirements are maintained and the consignments are not dispatched to other parts of the Union territory.
The provisions laid down in Directive 91/496/EEC, except those in Article 6, and in Directive 97/78/EC, except those in Article 6, shall continue to apply.
The French authorities shall take the appropriate administrative or penal measures against any infringements of this Decision committed by a natural or legal person.
This Decision shall enter into force on the 1 March 2012.
The Decision is addressed to the French Republic.

LIST OF AUTHORISED ENTRY POINTS

ANNEX
1 | 2 | 3 | 4 | 5
Guadeloupe — port de Baie-Mahault | FR09600 | P | HC, NHC |
Guadeloupe — aéroport des Abymes | FR09600 | A | HC, NHC-NT |
Martinique — port de Fort-de-France | FR09700 | P | HC, NHC-T(CH), NHC-NT |
Martinique — aéroport Aimé Césaire | FR09700 | A | HC-T(CH), HC-NT, NHC-T(CH), NHC-NT | O, E
French Guiana — St Georges de l’Oyapock | FR09800 | R | HC, NHC | O
Notes and abbreviations:

1 | = | Name
2 | = | Traces Code of the Local Veterinary Unit
3 | = | Type: A = Airport, P = Port, R = Road
4 | = | Products:HC=All products for human consumptionNHC=Other products not for human consumptionNT=No temperature requirementsT=Frozen/Chilled productsT(FR)=Frozen productsT(CH)=Chilled products | HC | = | All products for human consumption | NHC | = | Other products not for human consumption | NT | = | No temperature requirements | T | = | Frozen/Chilled products | T(FR) | = | Frozen products | T(CH) | = | Chilled products
HC | = | All products for human consumption
NHC | = | Other products not for human consumption
NT | = | No temperature requirements
T | = | Frozen/Chilled products
T(FR) | = | Frozen products
T(CH) | = | Chilled products
5 | = | Live animals:E=Registered equidae as defined in Directive 90/426/EEC(1)O=Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds) | E | = | Registered equidae as defined in Directive 90/426/EEC(1) | O | = | Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds)
E | = | Registered equidae as defined in Directive 90/426/EEC(1)
O | = | Other live animals (including zoo animals) than E and U (Ungulates such as cattle, pigs, sheep, goats, wild and domestic solipeds)
(1) Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae (OJ L 224, 18.8.1990, p. 42).

Pending: 32012D0031

January 16, 2026
24.1.2012 EN Official Journal of the European Union L 21/1
(1) Directive 91/496/EEC provides for veterinary checks in respect of animals from third countries entering the Union to be carried out by the Member States in accordance with that Directive.
(2) Directive 97/78/EC provides for veterinary checks on certain products of animal origin and certain plant products introduced into the Union from third countries.
(3) Those Directives provide that the customs authorities of the Member States are not to allow the importation into the Union of the animals and products concerned unless those veterinary checks have been carried out with satisfactory results at border inspection posts.
(4) Commission Decision 2007/275/EC(3)provides that the animals and products of animal origin listed in Annex I thereto are to be subjected to veterinary checks at border inspection posts in accordance with Directives 91/496/EEC and 97/78/EC (the veterinary checks).
(5) The animals and products required to undergo the veterinary checks should be clearly identifiable. Accordingly, the list set out in Annex I to Decision 2007/275/EC should be brought into line with the terminology and references laid down in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(4)and Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(5).
(6) The list set out in Annex I to Decision 2007/275/EC sets out animals and products according to the Combined Nomenclature (CN), as provided for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(6), as a first reference to select consignments that are to be submitted to the veterinary checks.
(7) The CN codes laid down in that Regulation have been updated several times since the date of adoption of Decision 2007/275/EC. Considerable changes were introduced to CN codes for products of animal origin. In addition, Annex I to Regulation (EEC) No 2658/87, as amended by Commission Regulation (EU) No 1228/2010(7)introduced CN codes for the movements of specific goods, such as for ship supply. As those CN codes might concern products of animal origin, they should be added to the list set out in Annex I to Decision 2007/275/EC.
(8) The Union’s Trade Control and Expert System (Traces) set up by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC(8)initially identified animals and products of animal origin with the four digit headings of the CN. Traces has subsequently been updated and certain animals and products of animal origin can be identified by their six or eight digit subheadings of the CN codes to avoid misclassification of goods. Relevant references in the list set out in Annex I to Decision 2007/275/EC should be amended accordingly.
(9) For certain CN codes, Decision 2007/275/EC is only concerned with a fraction of the scope of the relevant Chapter or heading of the CN. In such cases, column 3 of the list set out in Annex I to that Decision refers to the applicable Union veterinary legislation and provides details of the animals and products which are to be subjected to veterinary checks. Taking account of the terminology and references now provided for in Regulation (EC) No 1069/2009 and in Regulation (EU) No 142/2011, those references in Decision 2007/275/EC should be updated to take account of current Union legislation.
(10) In the interest of consistency of Union legislation, the list set out in Annex I to Decision 2007/275/EC should be updated to take account of the recent amendments to the CN codes and to the necessary references in column 3 of the list.
(11) The list set out in Annex I to Decision 2007/275/EC should therefore be replaced by the list in the Annex to this Decision. Decision 2007/275/EC should therefore be amended accordingly.
(12) 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 chapter covers all live animals, except:(a)fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301 , 0306 , 0307 or 0308 ;(b)cultures of micro-organisms and other products of heading 3002 and(c)animals of heading 9508 . (a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301 , 0306 , 0307 or 0308 ; (b) cultures of micro-organisms and other products of heading 3002 and (c) animals of heading 9508 .
(a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301 , 0306 , 0307 or 0308 ;
(b) cultures of micro-organisms and other products of heading 3002 and
(c) animals of heading 9508 .
(a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301 , 0306 , 0307 or 0308 ;
(b) cultures of micro-organisms and other products of heading 3002 and
(c) animals of heading 9508 .
(A) Mammals(1)Primates.(2)Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia).(3)Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels, zebras, rabbits, hares, deer, antelope, chamois, foxes, mink, and other animals for fur farms). (1) Primates. (2) Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia). (3) Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels, zebras, rabbits, hares, deer, antelope, chamois, foxes, mink, and other animals for fur farms).
(1) Primates.
(2) Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia).
(3) Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels, zebras, rabbits, hares, deer, antelope, chamois, foxes, mink, and other animals for fur farms).
(1) Primates.
(2) Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia).
(3) Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels, zebras, rabbits, hares, deer, antelope, chamois, foxes, mink, and other animals for fur farms).
(B) Reptiles(including snakes and turtles)
(C) Birds(1)Birds of Prey.(2)Psittaciformes (including parrots, parakeets, macaws and cockatoos).(3)Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105 ). (1) Birds of Prey. (2) Psittaciformes (including parrots, parakeets, macaws and cockatoos). (3) Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105 ).
(1) Birds of Prey.
(2) Psittaciformes (including parrots, parakeets, macaws and cockatoos).
(3) Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105 ).
(1) Birds of Prey.
(2) Psittaciformes (including parrots, parakeets, macaws and cockatoos).
(3) Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105 ).
(D) Other, such as bees (whether or not travelling in boxes or cages or hives), other insects, frogs.
CN code Description Qualification and explanation
(1) (2) (3)
0101 Live horses, asses, mules and hinnies All
0102 Live bovine animals All
0103 Live swine All
0104 10 Live sheep All
0104 20 Live goats All
0105 Live poultry, that is to say, fowls of the speciesGallus domesticus, ducks, geese, turkeys and guinea fowls All
0106 Other live animals All, covers all animals from the following subheadings:0106 11 00 (primates)0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia)0106 13 00 (camels and other camelids (Camelidae))0106 14 10 (domestic rabbits)0106 14 90 (other rabbits and hares than domestic rabbits)0106 19 00 (other): mammals other than those of heading 0101 , 0102 , 0103 , 0104 , 0106 11 , 0106 12 , 0106 13 and 0106 14 ; covers dogs and cats0106 20 00 (reptiles, including snakes and turtles)0106 31 00 (birds: birds of prey)0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos)0106 33 00 (ostriches; emus (dromaius novaehollandiae)0106 39 (other): covers birds, other than those of heading 0105 , 0106 31 , 0106 32 and 0106 33 , including pigeons.0106 41 00 (bees)0106 49 00 (other insects than bees)0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, birds and reptiles. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this heading. 0106 11 00 (primates) 0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia) 0106 13 00 (camels and other camelids (Camelidae)) 0106 14 10 (domestic rabbits) 0106 14 90 (other rabbits and hares than domestic rabbits) 0106 19 00 (other): mammals other than those of heading 0101 , 0102 , 0103 , 0104 , 0106 11 , 0106 12 , 0106 13 and 0106 14 ; covers dogs and cats 0106 20 00 (reptiles, including snakes and turtles) 0106 31 00 (birds: birds of prey) 0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos) 0106 33 00 (ostriches; emus (dromaius novaehollandiae) 0106 39 (other): covers birds, other than those of heading 0105 , 0106 31 , 0106 32 and 0106 33 , including pigeons. 0106 41 00 (bees) 0106 49 00 (other insects than bees) 0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, birds and reptiles. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this heading.
0106 11 00 (primates)
0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia)
0106 13 00 (camels and other camelids (Camelidae))
0106 14 10 (domestic rabbits)
0106 14 90 (other rabbits and hares than domestic rabbits)
0106 19 00 (other): mammals other than those of heading 0101 , 0102 , 0103 , 0104 , 0106 11 , 0106 12 , 0106 13 and 0106 14 ; covers dogs and cats
0106 20 00 (reptiles, including snakes and turtles)
0106 31 00 (birds: birds of prey)
0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos)
0106 33 00 (ostriches; emus (dromaius novaehollandiae)
0106 39 (other): covers birds, other than those of heading 0105 , 0106 31 , 0106 32 and 0106 33 , including pigeons.
0106 41 00 (bees)
0106 49 00 (other insects than bees)
0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, birds and reptiles. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this heading.
0106 11 00 (primates)
0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia)
0106 13 00 (camels and other camelids (Camelidae))
0106 14 10 (domestic rabbits)
0106 14 90 (other rabbits and hares than domestic rabbits)
0106 19 00 (other): mammals other than those of heading 0101 , 0102 , 0103 , 0104 , 0106 11 , 0106 12 , 0106 13 and 0106 14 ; covers dogs and cats
0106 20 00 (reptiles, including snakes and turtles)
0106 31 00 (birds: birds of prey)
0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos)
0106 33 00 (ostriches; emus (dromaius novaehollandiae)
0106 39 (other): covers birds, other than those of heading 0105 , 0106 31 , 0106 32 and 0106 33 , including pigeons.
0106 41 00 (bees)
0106 49 00 (other insects than bees)
0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, birds and reptiles. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this heading.
1. This chapter does not cover:(a)Products of a kind described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption;(b)guts, bladders or stomachs of animals (heading 0504 ) or animal blood (heading 0511 or 3002 ); or(c)animal fat, other than the products of heading 0209 (Chapter 15). (a) Products of a kind described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption; (b) guts, bladders or stomachs of animals (heading 0504 ) or animal blood (heading 0511 or 3002 ); or (c) animal fat, other than the products of heading 0209 (Chapter 15).
(a) Products of a kind described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption;
(b) guts, bladders or stomachs of animals (heading 0504 ) or animal blood (heading 0511 or 3002 ); or
(c) animal fat, other than the products of heading 0209 (Chapter 15).
(a) Products of a kind described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption;
(b) guts, bladders or stomachs of animals (heading 0504 ) or animal blood (heading 0511 or 3002 ); or
(c) animal fat, other than the products of heading 0209 (Chapter 15).
CN code Description Qualification and explanation
(1) (2) (3)
0201 Meat of bovine animals, fresh or chilled All
0202 Meat of bovine animals, frozen All
0203 Meat of swine, fresh, chilled or frozen All
0204 Meat of sheep or goats, fresh, chilled or frozen All
0205 00 Meat of horses, asses, mules or hinnies, fresh, chilled or frozen All
0206 Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen All
0207 Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen All
0208 Other meat and edible meat offal, fresh, chilled or frozen All, excludes: raw material not intended/suitable for human consumption.This covers other raw material for the production of gelatine or collagen for human consumption.Covers all meat and edible meat offal from the following subheadings:0208 10 (of rabbits or hares)0208 30 00 (of primates)0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia))0208 50 00 (of reptiles, including snakes and turtles)0208 60 00 (of camels and other camelids (Camelidae))0208 90 (other: of domestic pigeons, of game other than of rabbits or hares): covers meat of quails, reindeer or any other mammal species. Covers frogs’ legs under CN code 0208 90 70 . 0208 10 (of rabbits or hares) 0208 30 00 (of primates) 0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia)) 0208 50 00 (of reptiles, including snakes and turtles) 0208 60 00 (of camels and other camelids (Camelidae)) 0208 90 (other: of domestic pigeons, of game other than of rabbits or hares): covers meat of quails, reindeer or any other mammal species. Covers frogs’ legs under CN code 0208 90 70 .
0208 10 (of rabbits or hares)
0208 30 00 (of primates)
0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia))
0208 50 00 (of reptiles, including snakes and turtles)
0208 60 00 (of camels and other camelids (Camelidae))
0208 90 (other: of domestic pigeons, of game other than of rabbits or hares): covers meat of quails, reindeer or any other mammal species. Covers frogs’ legs under CN code 0208 90 70 .
0209 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked. All, covers both fat and processed fat as described in column 2.
0210 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal. All, covers meat, meat products and other products of animal origin.Covers processed animal protein and dried pigs ears for human consumption.Bones for human consumption are covered under heading 0506 .Sausages are covered under heading 1601 .Greaves are covered under heading 2301 .
0208 10 (of rabbits or hares)
0208 30 00 (of primates)
0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia))
0208 50 00 (of reptiles, including snakes and turtles)
0208 60 00 (of camels and other camelids (Camelidae))
0208 90 (other: of domestic pigeons, of game other than of rabbits or hares): covers meat of quails, reindeer or any other mammal species. Covers frogs’ legs under CN code 0208 90 70 .
1. This chapter does not cover:(a)mammals of heading 0106 ;(b)meat of mammals of heading 0106 (heading 0208 or 0210 );(c)fish (including livers and roes thereof) or crustaceans molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301 ); or(d)caviar or caviar substitutes prepared from fish eggs (heading 1604 ). (a) mammals of heading 0106 ; (b) meat of mammals of heading 0106 (heading 0208 or 0210 ); (c) fish (including livers and roes thereof) or crustaceans molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301 ); or (d) caviar or caviar substitutes prepared from fish eggs (heading 1604 ).
(a) mammals of heading 0106 ;
(b) meat of mammals of heading 0106 (heading 0208 or 0210 );
(c) fish (including livers and roes thereof) or crustaceans molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301 ); or
(d) caviar or caviar substitutes prepared from fish eggs (heading 1604 ).
(a) mammals of heading 0106 ;
(b) meat of mammals of heading 0106 (heading 0208 or 0210 );
(c) fish (including livers and roes thereof) or crustaceans molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301 ); or
(d) caviar or caviar substitutes prepared from fish eggs (heading 1604 ).
CN code Description Qualification and explanation
(1) (2) (3)
0301 Live fish All: covers trout, eels, carp, or any other species or any fish imported for breeding or reproduction.Live fish imported for immediate human consumption are treated for veterinary checks purposes as if they were products.Covers ornamental fish in subheading 0301 10 .
0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 All; covers livers and roes, fresh or chilled, in CN code 0302 90 00 .
0303 Fish, frozen, excluding fish fillets and other fish meat of heading 0304 All; covers livers and roes, frozen, in subheading 0303 90 .
0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen. All
0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption. All, covers other fishery products such as flours, meals and pellets fit for human consumption made from fish, covers fish heads, tails and maws and other fishery products.
0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption. All: live crustaceans imported for immediate human consumption are considered and treated for veterinary checks purposes as if they were products.Covers ornamental sea monkeys and their cysts for use as pet animals; and all live ornamental crustaceans as provided for by Commission Regulation (EC) No 1251/2008(4).
0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption. This covers molluscs that may have been cooked and then smoked. Other cooked molluscs are covered in heading 1605 .Covers live ornamental molluscs as provided for by Regulation (EC) No 1251/2008.Live molluscs imported for immediate human consumption are considered and treated for veterinary checks purposes as if they were products.Covers all from the subheadings 0307 11 to 0307 99 , such as the following examples:0307 60 (snails other than sea snails): covers terrestrial gastropods of the species Helix pomatia, Helix aspersa, Helix lucorum and species of the family Achatinidae. Covers live snails (including fresh water snails) for immediate human consumption and also snail meat for human consumption. Covers lightly pre cooked or pre-processed snails. Further processed products are covered in heading 1605 .0307 91 00 (live, fresh, or chilled other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones; but including flours, meals and pellets thereof; fit for human consumption): covers meat of sea water snail species, whether in shell or not.0307 99 (other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones other than live, fresh or chilled; but including flours, meals and pellets thereof; fit for human consumption). 0307 60 (snails other than sea snails): covers terrestrial gastropods of the species Helix pomatia, Helix aspersa, Helix lucorum and species of the family Achatinidae. Covers live snails (including fresh water snails) for immediate human consumption and also snail meat for human consumption. Covers lightly pre cooked or pre-processed snails. Further processed products are covered in heading 1605 . 0307 91 00 (live, fresh, or chilled other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones; but including flours, meals and pellets thereof; fit for human consumption): covers meat of sea water snail species, whether in shell or not. 0307 99 (other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones other than live, fresh or chilled; but including flours, meals and pellets thereof; fit for human consumption).
0307 60 (snails other than sea snails): covers terrestrial gastropods of the species Helix pomatia, Helix aspersa, Helix lucorum and species of the family Achatinidae. Covers live snails (including fresh water snails) for immediate human consumption and also snail meat for human consumption. Covers lightly pre cooked or pre-processed snails. Further processed products are covered in heading 1605 .
0307 91 00 (live, fresh, or chilled other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones; but including flours, meals and pellets thereof; fit for human consumption): covers meat of sea water snail species, whether in shell or not.
0307 99 (other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones other than live, fresh or chilled; but including flours, meals and pellets thereof; fit for human consumption).
0308 Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process; flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption. All
0307 60 (snails other than sea snails): covers terrestrial gastropods of the species Helix pomatia, Helix aspersa, Helix lucorum and species of the family Achatinidae. Covers live snails (including fresh water snails) for immediate human consumption and also snail meat for human consumption. Covers lightly pre cooked or pre-processed snails. Further processed products are covered in heading 1605 .
0307 91 00 (live, fresh, or chilled other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones; but including flours, meals and pellets thereof; fit for human consumption): covers meat of sea water snail species, whether in shell or not.
0307 99 (other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones other than live, fresh or chilled; but including flours, meals and pellets thereof; fit for human consumption).
1. The expression “milk” means full-cream milk or partially or completely skimmed milk.
2. For the purposes of heading 0405 :(a)the term “butter” means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 % or more but not more than 95 % by weight, a maximum milk solids-not-fat content of 2 % by weight and a maximum water content of 16 % by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-acid-producing bacteria;(b)the expression “dairy spreads” means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 % or more but less than 80 % by weight. (a) the term “butter” means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 % or more but not more than 95 % by weight, a maximum milk solids-not-fat content of 2 % by weight and a maximum water content of 16 % by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-acid-producing bacteria; (b) the expression “dairy spreads” means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 % or more but less than 80 % by weight.
(a) the term “butter” means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 % or more but not more than 95 % by weight, a maximum milk solids-not-fat content of 2 % by weight and a maximum water content of 16 % by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-acid-producing bacteria;
(b) the expression “dairy spreads” means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 % or more but less than 80 % by weight.
(a) the term “butter” means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 % or more but not more than 95 % by weight, a maximum milk solids-not-fat content of 2 % by weight and a maximum water content of 16 % by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-acid-producing bacteria;
(b) the expression “dairy spreads” means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 % or more but less than 80 % by weight.
3. Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics:(a)a milkfat content, by weight of the dry matter, of 5 % or more;(b)a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and(c)they are moulded or capable of being moulded. (a) a milkfat content, by weight of the dry matter, of 5 % or more; (b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and (c) they are moulded or capable of being moulded.
(a) a milkfat content, by weight of the dry matter, of 5 % or more;
(b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and
(c) they are moulded or capable of being moulded.
(a) a milkfat content, by weight of the dry matter, of 5 % or more;
(b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and
(c) they are moulded or capable of being moulded.
4. This chapter does not cover:(a)products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702 ); or(b)albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502 ) or globulins (heading 3504 ). (a) products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702 ); or (b) albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502 ) or globulins (heading 3504 ).
(a) products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702 ); or
(b) albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502 ) or globulins (heading 3504 ).
(a) products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702 ); or
(b) albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502 ) or globulins (heading 3504 ).
(a) Oil of egg yolk (heading 1506 ).
(b) Egg preparations containing seasoning, spices or other additives (heading 2106 ).
(c) Lecithin (heading 2923 ).
(d) Separate egg white (egg albumin) (heading 3502 ).
(a) turtles eggs.
(b) salanganes’ nests (“birds nests”).
CN code Description Qualification and explanation
(1) (2) (3)
0401 Milk and cream, not concentrated nor containing added sugar or other sweetening matter. All: milk covers milk that is raw, pasteurised, or thermised, including frozen.Covers fractions of milk.Milk for animal feed is covered under this heading, whereas animal feed containing milk is covered in heading 2309 .Milk for therapeutic/prophylactic uses is covered in heading 3001 .
0402 Milk and cream, concentrated or containing added sugar or other sweetening matter. All, including milk for infants.
0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa. All, covers cream, flavoured or containing fruits, frozen and fermented milk, for human consumption.Ice cream is covered in heading 2105 .Beverages containing milk flavoured with cocoa or other substances are covered in heading 2202 .
0404 Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included. All, covers milk products for infants.Covers in CN code 0404 10 48 bovine colostrum, in liquid form, defatted and de-caseinated, for human consumption, and in CN code 0404 90 21 spray-dried, reduced-fat colostrum powder which has not been de-caseinated, for human consumption.
0405 Butter and other fats and oils derived from milk; dairy spreads. All: covers dairy spreads.
0406 Cheese and curd All
0407 Birds’ eggs, in shell, fresh, preserved or cooked. All, covers hatching eggs and specified pathogen free eggs (SPF), fertilised eggs for incubation (0407 11 and 0407 19 ).Covers fresh eggs (0407 21 to 0407 29 ) and other eggs (0407 90 ), not fit and fit for human consumption.Covers “100 year old eggs”.Egg albumin not fit and fit for human consumption is covered in heading 3502 .
0408 Birds’ eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter. All: this heading covers egg products whether or not heat treated and products not fit for human consumption.
0409 00 00 Natural honey All
0410 00 00 Edible products of animal origin, not elsewhere specified or included. AllThis heading covers “royal jelly” and propolis (used in manufacture for pharmaceutical products and food supplements) and other animal derived material for human consumption, except bones (which are covered in 0506 ).Insects or insect eggs for human consumption are covered in this CN code.
Row 7: pig bristles
Row 8: untreated hair
Row 9: treated feathers and parts of feathers.
1. This chapter does not cover:(a)edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried);(b)hides or skins (including furskins), other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43);(c)animal textile materials, other than horsehair and horsehair waste (Section XI); or(d)prepared knots or tufts for broom or brush making (heading 9603 ). (a) edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried); (b) hides or skins (including furskins), other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43); (c) animal textile materials, other than horsehair and horsehair waste (Section XI); or (d) prepared knots or tufts for broom or brush making (heading 9603 ).
(a) edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried);
(b) hides or skins (including furskins), other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43);
(c) animal textile materials, other than horsehair and horsehair waste (Section XI); or
(d) prepared knots or tufts for broom or brush making (heading 9603 ).
(a) edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried);
(b) hides or skins (including furskins), other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43);
(c) animal textile materials, other than horsehair and horsehair waste (Section XI); or
(d) prepared knots or tufts for broom or brush making (heading 9603 ).
3. Throughout the nomenclature, elephant, hippopotamus, walrus, narwhal and wild boar tusks, rhinoceros horns and the teeth of all animals are regarded as “ivory”.
4. Throughout the nomenclature, the expression “horsehair” means hair of the manes or tails of equine or bovine animals.
(1) Skins and other parts of birds (e.g., heads, wings) with their feathers or down, and
(2) Feathers and parts of feathers (whether or not with trimmed edges), and down,
CN code Description Qualification and explanation
(1) (2) (3)
0502 10 00 Pigs’, hogs’ or boars’ bristles and hair and waste thereof. All, treated and untreated.Untreated pigs bristles means pig bristles that have not undergone factory washing, been obtained from tanning, or been treated by some other method to ensure that no pathogens remain.
0504 00 00 Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked. All: covers stomachs, bladders and intestines cleaned salted dried or heated of bovine, porcine, ovine, caprine, or of poultry origin.
Ex 0505 Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers. All: including game trophies of birds, but excluding treated decorative feathers, treated feathers carried by travellers for their private use or consignments of treated feathers sent to private individuals for non-industrial purposes.Article 25(1)(b) of Regulation (EU) No 142/2011 prohibits the importation into and transit through the Union of untreated feathers and parts of feathers and down.Veterinary checks are applicable for feathers independent from their treatment as referred to in point C of Chapter VII of Annex XIII to Regulation (EU) No 142/2011.Further specific requirements for game trophies are laid down in Section 5 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Section 6 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 covers feathers used for stuffing, down, raw or other feathers.
0506 Bones and horn-cores, un-worked, defatted, simply prepared (but not cut to shape), treated with acid or de-gelatinised; powder and waste of these products. Covers bones for production of gelatine, or collagen if derived from carcases that have been slaughtered for human consumption and bone flour for human consumption.Specific requirements for such products not intended for human consumption are laid down in Row 6 (game trophies) and in Row 11 (bones and bone products (excluding bone meal), horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) for uses other than as feed material, organic fertiliser or soil improver) of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0507 Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, un-worked or simply prepared but not cut to shape; powder and waste of these products. Specific requirements for game trophies are laid down in Row 6 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Covers treated game trophies from birds and ungulates being solely bones, horns, hooves, claws, antlers, teeth, hides or skins from third countries.
Ex 0508 00 00 Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof. Empty shells for food use and use as raw material for glucosamine.In addition, shells containing soft tissue and flesh used for different purposes are covered under Article 10(k)(i) of Regulation (EC) No 1069/2009.
Ex 0510 00 00 Ambergris, castoreum, civet and musk, cantharides, bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved Specific requirements are laid down in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 for animal by-products for the manufacture of petfood other than raw petfood and of derived products for uses outside the feed chain (for pharmaceuticals and other technical products).Glands, other animal products and bile are covered by this code.Dried glands and products are covered by heading 3001 .
0511 Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption. All, covers subheadings 0511 10 to 0511 99 .Covers genetic material (semen and embryos of animal origin such as bovine, ovine, caprine, equine and porcine species) and animal by-products of Categories 1 and 2 materials.The following are examples of animal products falling in subheadings 0511 10 to 0511 99 :0511 10 00 (bovine semen)0511 91 (products of fish or crustaceans, molluscs or other aquatic invertebrates): all, covers fish eggs for hatching, dead animals, animal by-products for the manufacture of petfood and for pharmaceuticals and other technical products. Covers dead animals of Chapter 3, inedible or classed unfit for human consumption, for example, daphnids, known as water fleas, and other ostracoda or phyllopods, dried, for feeding aquarium fish; covers fish bait.0511 99 10 (sinews or tendons; parings and similar waste of raw hides and skins)0511 99 31 (raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.0511 99 39 (other than raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.0511 99 85 (other animal products not elsewhere specified or included; dead animals of Chapter 1, unfit for human consumption): all: embryos, ova, semen and genetic material not covered in 0511 10 and of species other than bovine fall under this heading. Covers animal by-products for the manufacture of petfood or other technological products.Covers untreated horsehair, apiculture products other than waxes for apiculture or technical use, spermaceti for technical use, dead animals of Chapter 1 which are inedible or not for human consumption (for example dogs, cats, insects), animal material where the essential characteristics have not been changed, and edible animal blood not derived from fish, for human consumption. 0511 10 00 (bovine semen) 0511 91 (products of fish or crustaceans, molluscs or other aquatic invertebrates): all, covers fish eggs for hatching, dead animals, animal by-products for the manufacture of petfood and for pharmaceuticals and other technical products. Covers dead animals of Chapter 3, inedible or classed unfit for human consumption, for example, daphnids, known as water fleas, and other ostracoda or phyllopods, dried, for feeding aquarium fish; covers fish bait. 0511 99 10 (sinews or tendons; parings and similar waste of raw hides and skins) 0511 99 31 (raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. 0511 99 39 (other than raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. 0511 99 85 (other animal products not elsewhere specified or included; dead animals of Chapter 1, unfit for human consumption): all: embryos, ova, semen and genetic material not covered in 0511 10 and of species other than bovine fall under this heading. Covers animal by-products for the manufacture of petfood or other technological products.
0511 10 00 (bovine semen)
0511 91 (products of fish or crustaceans, molluscs or other aquatic invertebrates): all, covers fish eggs for hatching, dead animals, animal by-products for the manufacture of petfood and for pharmaceuticals and other technical products. Covers dead animals of Chapter 3, inedible or classed unfit for human consumption, for example, daphnids, known as water fleas, and other ostracoda or phyllopods, dried, for feeding aquarium fish; covers fish bait.
0511 99 10 (sinews or tendons; parings and similar waste of raw hides and skins)
0511 99 31 (raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0511 99 39 (other than raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0511 99 85 (other animal products not elsewhere specified or included; dead animals of Chapter 1, unfit for human consumption): all: embryos, ova, semen and genetic material not covered in 0511 10 and of species other than bovine fall under this heading. Covers animal by-products for the manufacture of petfood or other technological products.
0511 10 00 (bovine semen)
0511 91 (products of fish or crustaceans, molluscs or other aquatic invertebrates): all, covers fish eggs for hatching, dead animals, animal by-products for the manufacture of petfood and for pharmaceuticals and other technical products. Covers dead animals of Chapter 3, inedible or classed unfit for human consumption, for example, daphnids, known as water fleas, and other ostracoda or phyllopods, dried, for feeding aquarium fish; covers fish bait.
0511 99 10 (sinews or tendons; parings and similar waste of raw hides and skins)
0511 99 31 (raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0511 99 39 (other than raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0511 99 85 (other animal products not elsewhere specified or included; dead animals of Chapter 1, unfit for human consumption): all: embryos, ova, semen and genetic material not covered in 0511 10 and of species other than bovine fall under this heading. Covers animal by-products for the manufacture of petfood or other technological products.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 1212 99 95 Bee pollen All
Ex 1213 00 00 Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets. Covers only straw.
Ex 1214 90 Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale lupines vetches and similar forage products whether or not in the form of pellets: Other than Lucerne (alfalfa) meal and pellets. Covers only hay.
1. rendered fats and fish oils in Row 3 of Table 1 of Section 1 of Chapter I;
2. rendered fats from Category 2 materials for certain purposes outside the feed chain for farmed animals (for example oleo chemical purposes) in Row 17 of Table 2 of Section 1 of Chapter II;
3. fat derivatives in Row 18 of Table 2 of Section 1 of Chapter II.Fat derivatives include first stage products derived from fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.Derivatives mixed with other materials are subjected to veterinary checks.
1. This chapter does not cover:(a)pig fat or poultry fat on heading 0209 ;(b)cocoa butter, fat and oil (heading 1804 );(c)edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21);(d)greaves (heading 2301 ) or residues of headings 2304 to 2306 ;… (a) pig fat or poultry fat on heading 0209 ; (b) cocoa butter, fat and oil (heading 1804 ); (c) edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21); (d) greaves (heading 2301 ) or residues of headings 2304 to 2306 ;
(a) pig fat or poultry fat on heading 0209 ;
(b) cocoa butter, fat and oil (heading 1804 );
(c) edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21);
(d) greaves (heading 2301 ) or residues of headings 2304 to 2306 ;
(a) pig fat or poultry fat on heading 0209 ;
(b) cocoa butter, fat and oil (heading 1804 );
(c) edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21);
(d) greaves (heading 2301 ) or residues of headings 2304 to 2306 ;
3. Heading 1518 does not cover fats or oils or their fractions, merely denatured, which are classified in the heading appropriate to the corresponding undenatured fats and oils and their fractions.
4. Soap stocks, oil foots and dregs, stearin pitch, glycerol pitch and wool grease residues fall in heading 1522 .
CN code Description Qualification and explanation
(1) (2) (3)
1501 Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503 . All
1502 Fats of bovine animals, sheep or goats, other than those of heading 1503 . All
1503 00 Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared. All
1504 Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified. All, fish oils — and oils from fishery products and marine mammals.Miscellaneous edible preparations are covered in Chapter 21.
1505 00 Wool grease and fatty substances derived therefrom (including lanolin). All, import without restrictions may be possible for treated wool as referred to in point B of Chapter VII of Annex XIII to Regulation (EU) No 142/2011, if in compliance with the rules referred to in Article 41 of Regulation (EC) No 1069/2009.
1506 00 00 Other animal fats and oils and their fractions, whether or not refined, but not chemically modified. AllUnsplit fats or oils, and also their initial fractions produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.
1516 10 Animal fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared. All: animal fats and oils.For veterinary checks fat derivatives include first stage products derived from animal fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.
Ex 1517 Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 . Containing animal fats and oils only.
Ex 1518 00 91 Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 . Animal fats and oils only, rendered.Fat derivatives produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.Specific requirements are set out in Row 17 (rendered fats) and Row 18 (fat derivatives) of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
1518 00 95 Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions. All: fats and oil preparations derived from animals.Fat derivatives produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.
Ex 1518 00 99 Other Only if fat from animals is contained.
1521 90 91 Raw beeswax and other insect waxes. All, covers waxes in natural combs, raw beeswax for apiculture or technical purposes.Article 25(1)(c) of Regulation (EU) No 142/2011 prohibits the importation into and transit through the Union of beeswax in the form of honeycomb.Specific requirements for apiculture by-products are set out in Row 10 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
1521 90 99 Beeswax and other insect waxes, whether or not refined or coloured, other than raw. All, covers waxes, processed or refined, whether or not bleached or coloured, for apiculture or technical purposes.Specific requirements for apiculture by-products are set out in Row 10 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Apiculture by-products other than beeswaxes must be submitted for veterinary checks under CN code 0511 99 85 “Other”.
Ex 1522 00 Degras; residues resulting from the treatment of fatty substances or animal and vegetable waxes. Animal origin only.
1. This chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates prepared or preserved by the process specified in Chapter 2 or 3 or heading 0504 .
2. Food preparations fall in this chapter provided that they contain more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof. In cases where the preparation contains two or more of the products mentioned above, it is classified in the heading of Chapter 16 corresponding to the component or components which predominate by weight. These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103 or 2104 .For preparations containing liver, the provisions of the second sentence shall not apply in determining the subheadings within heading 1601 or 1602 .
CN code Description Qualification and explanation
(1) (2) (3)
1601 00 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products. All, covers preserved meat in various forms.
1602 Other prepared or preserved meat, meat offal or blood. All, covers preserved meat in various forms.
1603 00 Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates. All, covers fish protein in gel form whether chilled or frozen.
1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs; fish whole or in pieces, but not minced. All, cooked or pre-cooked culinary preparations containing or mixed with fish or fishery products.Covers surimi in CN code 1604 20 05 .Covers canned fish and canned caviar in airtight containers, and also sushi (provided they are not to be classified in Chapter 19).Pasta stuffed with fish products are covered in heading 1902 .So-called fish skewers (raw fishmeat/shrimps with vegetables presented on a wooden stick) are classified in CN code 1604 19 97 .
1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved. All, including fully prepared or pre-prepared snails.Covers canned crustaceans, or other aquatic invertebrates.
1. This chapter does not cover:…(b)chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940 ;… (b) chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940 ;
(b) chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940 ;
(b) chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940 ;
CN code Description Qualification and explanation
(1) (2) (3)
1702 11 00 Lactose and lactose syrup, containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter. All, covers artificial honey and mixtures of natural and artificial honey.
1. This chapter does not cover:(a)except in the case of stuffed products of heading 1902 , food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);… (a) except in the case of stuffed products of heading 1902 , food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);
(a) except in the case of stuffed products of heading 1902 , food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);
(a) except in the case of stuffed products of heading 1902 , food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);
CN code Description Qualification and explanation
(1) (2) (3)
1901 Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less that 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included. All.Culinary preparations are covered in Chapters 16 and 21.
1902 11 00 Uncooked pasta, not stuffed or otherwise prepared, containing eggs. All
1902 20 10 Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates. All
1902 20 30 Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin. All
Ex 1902 20 91 Cooked stuffed pasta. Containing animal products.
Ex 1902 20 99 Other [other stuffed pasta, not cooked]. Containing animal products.
Ex 1902 30 Other pasta than pasta of subheadings 1902 11 , 1902 19 and 1902 20 . Containing animal products.
Ex 1902 40 Couscous. Containing animal products.Covers prepared couscous, for example, couscous put up with meat, vegetables and other ingredients, provided that the meat content does not exceed 20 % by weight of the preparation.
Ex 1904 90 10 Prepared food obtained from rice. Containing animal products, for example, sushi (provided they are not to be classified in Chapter 16).
Ex 1905 Patisseries. Covers those preparations containing meat or other animal products.
1. This chapter does not cover:…(b)food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).… (b) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).
(b) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).
(b) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).
CN code Description Qualification and explanation
(1) (2) (3)
Ex 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 . Covers those preparations containing animal products.
Ex 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 . Covers those preparations containing animal products.
1. This chapter does not cover:…(e)food preparations, other than products described in 2103 or 2104 , containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).… (e) food preparations, other than products described in 2103 or 2104 , containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).
(e) food preparations, other than products described in 2103 or 2104 , containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).
(e) food preparations, other than products described in 2103 or 2104 , containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).
3. For the purposes of heading 2104 , the expression “homogenised composite food preparations” means preparations consisting of a finely homogenised mixture of two or more basic ingredients such as meat, fish, vegetables, fruits or nuts, put up for retail sale as infant food or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible pieces of ingredients.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 2103 90 90 Sauces and preparations therefore; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard. — Other Covers those preparations containing animal products.
Ex 2104 Soups and broths and preparations therefore; homogenised composite food preparations. Covers those preparations containing animal products.
Ex 2105 00 Ice cream and other edible ice, whether or not containing cocoa. Covers those preparations containing raw or processed milk.
Ex 2106 10 Protein concentrates and textured protein substances. Covers those preparations containing animal products as set out for composite products in Articles 4 to 6 of Decision 2007/275/EC.
Ex 2106 90 92 Other food preparations not elsewhere specified or included, containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch. Covers those preparations containing animal products, for example, food supplements, cheese fondues, chondroitin, animal oils or other animal products in capsules, with or without other substances.
Ex 2106 90 98 Other food preparations not elsewhere specified or included. Covers those preparations containing animal products, for example, food supplements, cheese fondues, chondroitin, animal oils or other animal products in capsules, with or without other substances.
3. For the purposes of heading 2202 , the term “non-alcoholic beverages” means beverages of an alcoholic strength by volume not exceeding 0,5 % vol. Alcoholic beverages are classified in headings 2203 to 2206 or heading 2208 as appropriate.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 2202 90 Other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 . Containing products or fat of products of heading 0401 to 0404 .
1. Heading 2309 includes products of a kind used in animal feeding, not elsewhere specified or included, obtained by processing vegetable or animal materials to such an extent that they have lost the essential characteristics of the original material, other than vegetable waste, vegetable residues and by-products of such processing.
CN code Description Qualification and explanation
(1) (2) (3)
2301 Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves. All, covers processed animal protein not for human consumption, meat meal not for human consumption, and greaves, whether or not for human consumption.Feather meal is covered in heading 0505 .Specific requirements for processed animal protein are set out in Row 1 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
Ex 2309 Preparations of a kind used in animal feeding. All, except subheadings 2309 90 20 . and 2309 90 91 .Covers, among other things, dog or cat food, put up for retail sale (subheading 2309 10 ), containing animal products and fish or marine mammal solubles (CN code 2309 90 10 ). Products for animal feeding purposes, including mixtures of meals (such as hoof and horn).This heading covers liquid milk, colostrum and products containing milk products, colostrum, and/or carbohydrates, all not for human consumption but for animal feeding.Covers petfood, dogchews and mixtures of meals, mixtures can include dead insects.Specific requirements for petfood including dogchews are set out in Row 12 of Table 2 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.Covers egg products not for human consumption and other processed products of animal origin not for human consumption.Specific requirements for egg products are set out in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 2835 25 00 Calcium hydrogenorthophosphate (“dicalcium phosphate”). Only of animal origin.Specific requirements for dicalcium phosphate are set out in Row 6 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
Ex 2835 26 00 Other phosphates of calcium. Tricalcium phospate of animal origin only.Specific requirements for tricalcium phosphate are set out in Row 7 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 2932 99 00 Other heterocyclic compounds with oxygen hetero-atom(s) only. Only of animal origin, for example, glucosamine-sulphat.
1. Row 2 of Table 2 of Section 1 of Chapter II for blood products for technical products excluding from equidae, and
2. Row 3 of Table 2 of Section 1 of Chapter II for blood and blood products from equidae, and
3. Row 14 of Table 2 of Section 1 of Chapter II for animal by-products for the manufacture of petfood other than raw petfood and of derived products for uses outside the feed chain.
CN code Description Qualification and explanation
(1) (2) (3)
3001 20 90 Extracts of glands or other organs or of their secretions, of other than human origin All; covers a product acting as a replacement for maternal colostrum and used in the feeding of calves.
3001 90 91 Animal substances prepared for therapeutic or prophylactic uses: heparin and its salts; All
3001 90 98 Other animal substances than heparin and its salts prepared for therapeutic or prophylactic uses, not elsewhere specified or included. All.In addition to the glands and other organs, this subheading covers the hypophysis, the suprarenal capsules and the thyroid gland; except those specified in Article 33 of Regulation (EC) No 1069/2009.
Ex 3002 10 10 Antisera, whether or not modified or obtained by means of biotechnological processes. Antisera of animal origin only.Excludes finished medicinal products for the final consumer.Under heading 3002 , specific requirements are set out for animal by-products covered by Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 and specified in the following Rows:Row 2: blood products other than from equidae;Row 3: blood and blood products from equidae. Row 2: blood products other than from equidae; Row 3: blood and blood products from equidae.
Row 2: blood products other than from equidae;
Row 3: blood and blood products from equidae.
Ex 3002 10 91 Haemoglobin, blood globulines and serum globulins, whether or not modified or obtained by means of biotechnological processes. Only animal derived material.
Ex 3002 10 99 Other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes, of other than human origin. Only animal derived material.
3002 90 30 Animal blood prepared for therapeutic, prophylactic or diagnostic uses. All
Ex 3002 90 50 Cultures of micro organisms. Pathogens and cultures of pathogens.
Ex 3002 90 90 Other. Pathogens and cultures of pathogens.
Ex 3006 92 00 Waste pharmaceuticals. Only animal derived material.Pharmaceutical waste, pharmaceutical products which are unfit for their original intended purpose.
Row 2: blood products other than from equidae;
Row 3: blood and blood products from equidae.
1. This chapter does not cover:(a)animal blood of heading 0511 ;… (a) animal blood of heading 0511 ;
(a) animal blood of heading 0511 ;
(a) animal blood of heading 0511 ;
CN code Description Qualification and explanation
(1) (2) (3)
Ex 3101 00 00 Animal fertilisers, whether or not mixed together or chemically treated; fertilisers produced by mixing or chemical treatment of animal or vegetable products. Only animal derived products in an un-adulterated form.Covers guano, manure, but manure–chemical mixtures used as fertilisers are excluded (for example, heading 3105 ).Covers manure mixed with processed animal protein, if used as fertiliser.Specific requirements for manure, processed manure or processed manure products are set out in Row 1 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 3501 Casein, caseinates and other casein derivatives; casein glues. Casein for human consumption, animal feeding or technical purposes.Specific requirements for milk, milk-based products and colostrum not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
Ex 3502 Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives. Covers products derived from eggs and derived from milk whether for human consumption or not for human consumption (including animal feed purposes) as specified:Egg products and dairy products, and processed products for human consumption are as defined in Annex I to Regulation (EC) No 853/2004.Specific requirements for milk, milk-based products and colostrums not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 and for egg products not for human consumption in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Egg products and dairy products, and processed products for human consumption are as defined in Annex I to Regulation (EC) No 853/2004. Specific requirements for milk, milk-based products and colostrums not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 and for egg products not for human consumption in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
Egg products and dairy products, and processed products for human consumption are as defined in Annex I to Regulation (EC) No 853/2004.
Specific requirements for milk, milk-based products and colostrums not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 and for egg products not for human consumption in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
Ex 3503 00 Gelatine (including gelatine in rectangular [including square] sheets, whether or not surface-worked or coloured) and gelatine derivatives; isinglass; other glues of animal origin, excluding casein glues of heading 3501 . Covers gelatine for human consumption and for the food industry.Gelatine classified in heading 9602 , (worked, unhardened gelatin and articles of unhardened gelatin (for example, empty capsules)) are excluded from veterinary checks.Specific requirements are set out in Row 5 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 for gelatine and hydrolysed protein not for human consumption and in Section 11 of Chapter II of Annex XIV to that Regulation for photogelatine.
Ex 3504 00 Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder whether or not chromed. Covers collagen and hydrolysed proteins for human consumption and for the food industry.Specific requirements for collagen are set out in Row 8 and for hydrolysed protein in Row 5 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.Covers protein based collagen products derived from hides, skins and tendons of animals, including bones in the case of pigs, poultry and fish.Covers hydrolysed proteins consisting of polypeptides, peptides or amino acids, and mixtures thereof, obtained by the hydrolysis of animal by-products. They are excluded from veterinary checks when they are used as additives in food preparations (heading 2106 ).Covers any milk by-products for human consumption in case they are not covered in heading 0404 .
Ex 3507 10 00 Rennet and concentrates thereof. Rennet and concentrates for human consumption, deriving from animal products only.
Egg products and dairy products, and processed products for human consumption are as defined in Annex I to Regulation (EC) No 853/2004.
Specific requirements for milk, milk-based products and colostrums not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 and for egg products not for human consumption in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 3822 00 00 Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006 ; certified reference materials. Deriving from animal products only.
Ex 3825 10 00 Municipal waste All catering waste containing animal products including used kitchen oils containing animal products (Article 2(2)(g)(iii) of Regulation (EC) No 1069/2009).
3826 00 Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals All rendered fats including oils or fats of animal origin as set out in Row 17 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 3913 90 00 Other natural polymers (except alginic acid, its salts and esters) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms. Deriving from animal products only, for example, chondroitin sulphate, glucosamine, chitosan.
Ex 3917 10 10 Artificial guts (sausage casings) of hardened protein or of cellulosic materials. Deriving from animal products only.
1. This chapter does not cover(a)parings or similar waste, of raw hides or skins (heading 0511 );(b)bird skins or parts of bird skins, with their feathers or down, of heading 0505 or 6701 ;(c)hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely, raw hides and skins with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats and kids (except Yemen, Mongolian or Tibetan goats and kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries), of reindeer, of elk, of deer, of roebucks or of dogs. (a) parings or similar waste, of raw hides or skins (heading 0511 ); (b) bird skins or parts of bird skins, with their feathers or down, of heading 0505 or 6701 ; (c) hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely, raw hides and skins with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats and kids (except Yemen, Mongolian or Tibetan goats and kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries), of reindeer, of elk, of deer, of roebucks or of dogs.
(a) parings or similar waste, of raw hides or skins (heading 0511 );
(b) bird skins or parts of bird skins, with their feathers or down, of heading 0505 or 6701 ;
(c) hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely, raw hides and skins with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats and kids (except Yemen, Mongolian or Tibetan goats and kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries), of reindeer, of elk, of deer, of roebucks or of dogs.
(a) parings or similar waste, of raw hides or skins (heading 0511 );
(b) bird skins or parts of bird skins, with their feathers or down, of heading 0505 or 6701 ;
(c) hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely, raw hides and skins with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats and kids (except Yemen, Mongolian or Tibetan goats and kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries), of reindeer, of elk, of deer, of roebucks or of dogs.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 4101 Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split. Veterinary checks only apply to fresh, chilled or treated, skins and hides, including dried, dry-salted, wet salted, or preserved by a process other than by tanning or an equivalent process.Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4101 20 80 and ex 4101 50 90 .
Ex 4102 Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not with wool on or split, other than those excluded by Note 1 (c) to this Chapter. Veterinary checks only apply to fresh, chilled or treated skins and hides, including dried, dry-salted, wet salted, or preserved by a process other than by tanning or an equivalent process.Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4102 21 00 and ex 4102 29 00 .
Ex 4103 Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split, other than those excluded by Note 1 (b) or 1 (c) to this Chapter. Veterinary checks only apply to fresh, chilled or treated skins and hides, including dried, dry-salted, wet salted, or preserved by a process other than by tanning or an equivalent process.Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4103 90 00 .
2. This chapter does not cover (amongst other products) the following of veterinary interest:(a)sterile surgical catgut or similar sterile suture materials (heading 3006 );…(ij)strings, skins for drums or the like, or other parts of musical instruments (heading 9209 ).… (a) sterile surgical catgut or similar sterile suture materials (heading 3006 ); (ij) strings, skins for drums or the like, or other parts of musical instruments (heading 9209 ).
(a) sterile surgical catgut or similar sterile suture materials (heading 3006 );
(ij) strings, skins for drums or the like, or other parts of musical instruments (heading 9209 ).
(a) sterile surgical catgut or similar sterile suture materials (heading 3006 );
(ij) strings, skins for drums or the like, or other parts of musical instruments (heading 9209 ).
CN code Description Qualification and explanation
(1) (2) (3)
Ex 4205 00 90 Other articles of leather or of composition leather. Covers material for manufacture of dogchews.
Ex 4206 00 00 Articles of gut (other than silkworm gut) of goldbeater’s skin, of bladders or of tendons. Covers material for manufacture of dogchews.
1. Throughout the nomenclature, references to “furskins”, other than raw furskins of heading 4301 , apply to hides and skins of all animals which have been tanned or dressed with the wool on.
2. This chapter does not cover:(a)bird skins or parts of bird skins, with their feathers or down (heading 0505 or 6701 );(b)raw hides or skins, with the hair or wool on, of Chapter 41 (see note 1(c) to that chapter);… (a) bird skins or parts of bird skins, with their feathers or down (heading 0505 or 6701 ); (b) raw hides or skins, with the hair or wool on, of Chapter 41 (see note 1(c) to that chapter);
(a) bird skins or parts of bird skins, with their feathers or down (heading 0505 or 6701 );
(b) raw hides or skins, with the hair or wool on, of Chapter 41 (see note 1(c) to that chapter);
(a) bird skins or parts of bird skins, with their feathers or down (heading 0505 or 6701 );
(b) raw hides or skins, with the hair or wool on, of Chapter 41 (see note 1(c) to that chapter);
CN code Description Qualification and explanation
(1) (2) (3)
Ex 4301 Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furriers’ use), other than raw hides and skins of headings 4101 , 4102 or 4103 . All, excluding furskins treated in accordance with Chapter VIII of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009.Covers the following subheadings:Ex 4301 10 00 (of mink, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Ex 4301 30 00 (of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian, or Tibetan lamb, whole, with or without the head, tail, or paws): specific requirements for hides and skins of ungulates are set out in Row 5 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Ex 4301 60 00 (of fox, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Ex 4301 80 00 (other furskins, whole, with or without head, tail or paws): other than ungulates, for example marmots, wild felines, seals, nutria. Specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Ex 4301 90 00 (heads, tails, paws and other pieces or cuttings, suitable for furriers’ use): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Ex 4301 10 00 (of mink, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Ex 4301 30 00 (of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian, or Tibetan lamb, whole, with or without the head, tail, or paws): specific requirements for hides and skins of ungulates are set out in Row 5 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Ex 4301 60 00 (of fox, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Ex 4301 80 00 (other furskins, whole, with or without head, tail or paws): other than ungulates, for example marmots, wild felines, seals, nutria. Specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Ex 4301 90 00 (heads, tails, paws and other pieces or cuttings, suitable for furriers’ use): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 10 00 (of mink, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 30 00 (of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian, or Tibetan lamb, whole, with or without the head, tail, or paws): specific requirements for hides and skins of ungulates are set out in Row 5 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 60 00 (of fox, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 80 00 (other furskins, whole, with or without head, tail or paws): other than ungulates, for example marmots, wild felines, seals, nutria. Specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 90 00 (heads, tails, paws and other pieces or cuttings, suitable for furriers’ use): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 10 00 (of mink, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 30 00 (of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian, or Tibetan lamb, whole, with or without the head, tail, or paws): specific requirements for hides and skins of ungulates are set out in Row 5 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 60 00 (of fox, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 80 00 (other furskins, whole, with or without head, tail or paws): other than ungulates, for example marmots, wild felines, seals, nutria. Specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 90 00 (heads, tails, paws and other pieces or cuttings, suitable for furriers’ use): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
1. Throughout the nomenclature:(a)“Wool” means the natural fibre grown by sheep or lambs.(b)“Fine animal hair” means the hair of alpaca, llama, vicuna, camel (including dromedary), yak, angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit, (including angora rabbit), hare, beaver, nutria or muskrat.(c)“Coarse animal hair” means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502 ) and horsehair (heading 0511 ). (a) “Wool” means the natural fibre grown by sheep or lambs. (b) “Fine animal hair” means the hair of alpaca, llama, vicuna, camel (including dromedary), yak, angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit, (including angora rabbit), hare, beaver, nutria or muskrat. (c) “Coarse animal hair” means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502 ) and horsehair (heading 0511 ).
(a) “Wool” means the natural fibre grown by sheep or lambs.
(b) “Fine animal hair” means the hair of alpaca, llama, vicuna, camel (including dromedary), yak, angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit, (including angora rabbit), hare, beaver, nutria or muskrat.
(c) “Coarse animal hair” means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502 ) and horsehair (heading 0511 ).
(a) “Wool” means the natural fibre grown by sheep or lambs.
(b) “Fine animal hair” means the hair of alpaca, llama, vicuna, camel (including dromedary), yak, angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit, (including angora rabbit), hare, beaver, nutria or muskrat.
(c) “Coarse animal hair” means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502 ) and horsehair (heading 0511 ).
CN code Description Qualification and explanation
(1) (2) (3)
Ex 5101 Wool, not carded or combed. Untreated wool.
Ex 5102 Fine or coarse animal hair, not carded or combed. Untreated hair, including coarse hair from the flanks of bovine or equine animals.
Ex 5103 Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garneted stock. Untreated wool or hair.
(A) Skins and other parts of birds with their feathers or down, feathers and down, and parts of feathers, which though not yet constituting made up articles, have undergone a process other than a simple treatment of cleaning, disinfection or preservation (see Explanatory Note to heading 0505 ); the goods of this heading may, for example, be bleached, dyed, curled or waved.
(B) Articles made of skins or of other parts of birds with their feathers or down, articles made of feathers, of down or of parts of feathers, even if the feathers or down, etc., are unworked or merely cleaned, but not including articles made of scapes or quills. The heading therefore includes:(1)Single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements.(2)Feathers assembled in the form of clusters, and feathers or down assembled by glueing or fixing on textile fabric or other base.(3)Trimmings made of birds, parts of birds, of feathers or down, for hats, boas, collars, capes or other articles of apparel or clothing accessories.(4)Fans made of ornamental feathers, with frames of any material. However, fans with frames or precious metal are classified in heading 7113 . (1) Single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements. (2) Feathers assembled in the form of clusters, and feathers or down assembled by glueing or fixing on textile fabric or other base. (3) Trimmings made of birds, parts of birds, of feathers or down, for hats, boas, collars, capes or other articles of apparel or clothing accessories. (4) Fans made of ornamental feathers, with frames of any material. However, fans with frames or precious metal are classified in heading 7113 .
(1) Single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements.
(2) Feathers assembled in the form of clusters, and feathers or down assembled by glueing or fixing on textile fabric or other base.
(3) Trimmings made of birds, parts of birds, of feathers or down, for hats, boas, collars, capes or other articles of apparel or clothing accessories.
(4) Fans made of ornamental feathers, with frames of any material. However, fans with frames or precious metal are classified in heading 7113 .
(1) Single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements.
(2) Feathers assembled in the form of clusters, and feathers or down assembled by glueing or fixing on textile fabric or other base.
(3) Trimmings made of birds, parts of birds, of feathers or down, for hats, boas, collars, capes or other articles of apparel or clothing accessories.
(4) Fans made of ornamental feathers, with frames of any material. However, fans with frames or precious metal are classified in heading 7113 .
CN code Description Qualification and explanation
(1) (2) (3)
Ex 6701 00 00 Skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scapes). Only skins and other parts of birds with their feathers or down, feathers and down, and parts of feathers, which have undergone a process other than a simple treatment of cleaning, disinfection or preservation.Specific requirements for feathers are set out in Row 9 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Articles of unworked or merely cleaned skins, feathers or down, and parts of feathers; for example single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements, trimmings made of feathers or down, for example for hats, boas, collars; excluding treated decorative feathers, treated feathers carried by travellers for their private use or consignments of treated feathers sent to private individuals for non industrial purposes.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 9508 10 00 Travelling circuses and travelling menageries. Only with live animals.
Ex 9508 90 00 Other: fairground amusements, travelling theatres. Only with live animals.
CN code Description Qualification and explanation
(1) (2) (3)
Ex 9705 00 00 Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest. Animal derived products only.Specific requirements for game trophies are set out in Row 6 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.Excludes game trophies from ungulates or birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures and game trophies from other species than ungulates and birds (whether treated or untreated).
CN code Description Qualification and explanation
(1) (2) (3)
Ex 9930 24 00 Goods from CN Chapters 1 to 24 delivered to vessels and aircraft. Only products of animal origin destined for ship supply as provided for in Articles 12 and 13 of Directive 97/78/EC.
Ex 9930 99 00 Goods classified elsewhere than in CN Chapters 1 to 24 and 27 delivered to vessels and aircraft. Only products of animal origin destined for ship supply as provided for in Articles 12 and 13 of Directive 97/78/EC.’
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 4(5) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 3(5) thereof,
(1) Directive 91/496/EEC provides for veterinary checks in respect of animals from third countries entering the Union to be carried out by the Member States in accordance with that Directive.
(2) Directive 97/78/EC provides for veterinary checks on certain products of animal origin and certain plant products introduced into the Union from third countries.
(3) Those Directives provide that the customs authorities of the Member States are not to allow the importation into the Union of the animals and products concerned unless those veterinary checks have been carried out with satisfactory results at border inspection posts.
(4) Commission Decision 2007/275/EC(3)provides that the animals and products of animal origin listed in Annex I thereto are to be subjected to veterinary checks at border inspection posts in accordance with Directives 91/496/EEC and 97/78/EC (the veterinary checks).
(5) The animals and products required to undergo the veterinary checks should be clearly identifiable. Accordingly, the list set out in Annex I to Decision 2007/275/EC should be brought into line with the terminology and references laid down in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(4)and Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(5).
(6) The list set out in Annex I to Decision 2007/275/EC sets out animals and products according to the Combined Nomenclature (CN), as provided for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(6), as a first reference to select consignments that are to be submitted to the veterinary checks.
(7) The CN codes laid down in that Regulation have been updated several times since the date of adoption of Decision 2007/275/EC. Considerable changes were introduced to CN codes for products of animal origin. In addition, Annex I to Regulation (EEC) No 2658/87, as amended by Commission Regulation (EU) No 1228/2010(7)introduced CN codes for the movements of specific goods, such as for ship supply. As those CN codes might concern products of animal origin, they should be added to the list set out in Annex I to Decision 2007/275/EC.
(8) The Union’s Trade Control and Expert System (Traces) set up by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC(8)initially identified animals and products of animal origin with the four digit headings of the CN. Traces has subsequently been updated and certain animals and products of animal origin can be identified by their six or eight digit subheadings of the CN codes to avoid misclassification of goods. Relevant references in the list set out in Annex I to Decision 2007/275/EC should be amended accordingly.
(9) For certain CN codes, Decision 2007/275/EC is only concerned with a fraction of the scope of the relevant Chapter or heading of the CN. In such cases, column 3 of the list set out in Annex I to that Decision refers to the applicable Union veterinary legislation and provides details of the animals and products which are to be subjected to veterinary checks. Taking account of the terminology and references now provided for in Regulation (EC) No 1069/2009 and in Regulation (EU) No 142/2011, those references in Decision 2007/275/EC should be updated to take account of current Union legislation.
(10) In the interest of consistency of Union legislation, the list set out in Annex I to Decision 2007/275/EC should be updated to take account of the recent amendments to the CN codes and to the necessary references in column 3 of the list.
(11) The list set out in Annex I to Decision 2007/275/EC should therefore be replaced by the list in the Annex to this Decision. Decision 2007/275/EC should therefore be amended accordingly.
(12) 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
Annex I to Decision 2007/275/EC is replaced by the text in the Annex to this Decision.

Article 2
This Decision shall apply from 1 January 2012.

Article 3
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 4(5) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 3(5) thereof,
(1) Directive 91/496/EEC provides for veterinary checks in respect of animals from third countries entering the Union to be carried out by the Member States in accordance with that Directive.
(2) Directive 97/78/EC provides for veterinary checks on certain products of animal origin and certain plant products introduced into the Union from third countries.
(3) Those Directives provide that the customs authorities of the Member States are not to allow the importation into the Union of the animals and products concerned unless those veterinary checks have been carried out with satisfactory results at border inspection posts.
(4) Commission Decision 2007/275/EC(3)provides that the animals and products of animal origin listed in Annex I thereto are to be subjected to veterinary checks at border inspection posts in accordance with Directives 91/496/EEC and 97/78/EC (the veterinary checks).
(5) The animals and products required to undergo the veterinary checks should be clearly identifiable. Accordingly, the list set out in Annex I to Decision 2007/275/EC should be brought into line with the terminology and references laid down in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(4)and Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive(5).
(6) The list set out in Annex I to Decision 2007/275/EC sets out animals and products according to the Combined Nomenclature (CN), as provided for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(6), as a first reference to select consignments that are to be submitted to the veterinary checks.
(7) The CN codes laid down in that Regulation have been updated several times since the date of adoption of Decision 2007/275/EC. Considerable changes were introduced to CN codes for products of animal origin. In addition, Annex I to Regulation (EEC) No 2658/87, as amended by Commission Regulation (EU) No 1228/2010(7)introduced CN codes for the movements of specific goods, such as for ship supply. As those CN codes might concern products of animal origin, they should be added to the list set out in Annex I to Decision 2007/275/EC.
(8) The Union’s Trade Control and Expert System (Traces) set up by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and amending Decision 92/486/EEC(8)initially identified animals and products of animal origin with the four digit headings of the CN. Traces has subsequently been updated and certain animals and products of animal origin can be identified by their six or eight digit subheadings of the CN codes to avoid misclassification of goods. Relevant references in the list set out in Annex I to Decision 2007/275/EC should be amended accordingly.
(9) For certain CN codes, Decision 2007/275/EC is only concerned with a fraction of the scope of the relevant Chapter or heading of the CN. In such cases, column 3 of the list set out in Annex I to that Decision refers to the applicable Union veterinary legislation and provides details of the animals and products which are to be subjected to veterinary checks. Taking account of the terminology and references now provided for in Regulation (EC) No 1069/2009 and in Regulation (EU) No 142/2011, those references in Decision 2007/275/EC should be updated to take account of current Union legislation.
(10) In the interest of consistency of Union legislation, the list set out in Annex I to Decision 2007/275/EC should be updated to take account of the recent amendments to the CN codes and to the necessary references in column 3 of the list.
(11) The list set out in Annex I to Decision 2007/275/EC should therefore be replaced by the list in the Annex to this Decision. Decision 2007/275/EC should therefore be amended accordingly.
(12) 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:
Annex I to Decision 2007/275/EC is replaced by the text in the Annex to this Decision.
This Decision shall apply from 1 January 2012.
This Decision is addressed to the Member States.
ANNEX
‘ANNEX I
LIST OF ANIMALS AND PRODUCTS SUBJECT TO VETERINARY CHECKS AS REFERRED TO IN ARTICLE 3
This list sets out animals and products according to the goods nomenclature in use in the Union to determine the selection of consignments that must be submitted to veterinary checks at a border inspection post.
Notes to the table: 1. General remarks
These general remarks are added to certain chapters to clarify, which animals or products would be covered with the relevant chapter. In addition, where necessary, reference is made to the specific requirements laid down in the fourth column “import and transit conditions” of various tables set out in Annexes XIII and XIV to Regulation (EU) No 142/2011, similar as in Column (3) of this list. 2. Note to Chapter
These chapter notes are explanations, where necessary extracted, from the Notes to the individual Chapters of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87. 3. Extract from the Harmonised System Explanatory Notes
Additional information on the different Chapters has been extracted, where necessary, from the Harmonised System Explanatory Notes of the World Customs Organisation from 2007. 4. Column (1) — CN code
This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the international Harmonised Commodity Description and Coding System (HS) drawn up by the Customs Cooperation Council, now the World Customs Organisation (WCO), adopted by the International Convention, concluded in Brussels on 14 June 1983 and approved on behalf of the European Economic Community by Council Decision 87/369/EEC (1) (“the HS Convention”). The CN reproduces the headings and subheadings of the HS to six digits, with only the seventh and eighth figures creating further subheadings which are specific to it.
Where a four digit code is used: unless otherwise specified, all products prefixed with or covered by these four digits must be submitted to veterinary checks at a border inspection post. In most of these cases, the relevant CN codes included in the Traces system set up by Decision 2004/292/EC are broken down to the six or eight digit code.
Where only certain specified products under any four, six or eight digit code are required to be submitted to veterinary checks and no specific subdivision under this code exists in the CN, the code is marked Ex (for example,
Ex 3002 : veterinary checks required only for animal derived material, including hay and straw, and not for the entire heading, subheading or CN code). The relevant codes are also included in the Traces system. 5. Column (2) — Description
The description of the goods is as laid down in the description column of the CN in Annex I to Regulation (EEC) No 2658/87. For further explanation of the exact coverage of the Common Customs Tariff, please refer to the latest amendment to that Annex. 6. Column (3) — Qualification and explanation
This column gives details of the animals or products covered. Further information on the animals or products covered in the different Chapters of the CN can be found in the latest version of the Explanatory Notes to the Combined Nomenclature of the European Union (2). For updated information, please refer to the latest amendment or consolidated version of these Explanatory Notes.
For certain live animals (such as reptiles, amphibians, insects, worms, or other invertebrates) and certain animal products, no specific Union import conditions have currently been agreed; therefore, no harmonised import certificates currently exist.
However, conditions for imports of live animals, not specified in other Union legislation, fall within the scope of Directive 92/65/EC (3). In addition, for such animals, national rules on the documentation accompanying such consignments apply. Official veterinarians must examine the consignments and issue a Common Veterinary Entry Document (CVED) as appropriate to indicate that the veterinary checks have been carried out and that the animals may be released for free circulation.
Products derived from animal by-products covered by Regulation (EC) No 1069/2009 and (EU) No 142/2011 are not specifically identified in Union law. Veterinary checks must be carried out on products that are partly processed but remain raw products to be further processed in an approved or registered establishment at destination.
Official veterinarians at border inspection posts must assess and specify, when necessary, if a derived product is sufficiently processed to not require further the veterinary checks provided for in Union legislation.
TABLE
Without prejudice to the rules for the interpretation of the CN, the wording for the description of goods in column 2 is considered to be of indicative value only, since the goods covered by this Decision are determined, within this Annex, by CN codes.
Where there is an “Ex” symbol in front of a CN code, the goods covered by this Decision are determined by the scope of the CN code and by that of the corresponding description in column (2) and the qualification and explanation in column (3).
CHAPTER 1
Live animals
Note to Chapter 1 1. This chapter covers all live animals, except:
(a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading 0301 , 0306 , 0307 or 0308 ;
(b) cultures of micro-organisms and other products of heading 3002 and
(c) animals of heading 9508 .
Extract from the Harmonised System Explanatory Notes
Heading
0106
includes, inter alia, the following domestic or wild animals:
(A)
Mammals
(1) Primates.
(2) Whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia).
(3) Other (such as reindeer, cats, dogs, lions, tigers, bears, elephants, camels, zebras, rabbits, hares, deer, antelope, chamois, foxes, mink, and other animals for fur farms).
(B)
Reptiles (including snakes and turtles)
(C) Birds
(1) Birds of Prey.
(2) Psittaciformes (including parrots, parakeets, macaws and cockatoos).
(3) Other (such as partridges, pheasants, quail, woodcocks, snipe, pigeons, grouse, ortolan, wild ducks, wild geese, thrushes, blackbirds, larks, finches, tits, humming birds, peacocks, swans, and other birds not specified in heading 0105 ).
(D) Other, such as bees (whether or not travelling in boxes or cages or hives), other insects, frogs.
CN code
Description
Qualification and explanation
(1) (2) (3) 0101
Live horses, asses, mules and hinnies
All
0102
Live bovine animals
All
0103
Live swine
All
0104 10
Live sheep
All
0104 20
Live goats
All
0105
Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls
All
0106
Other live animals
All, covers all animals from the following subheadings:

0106 11 00 (primates)

0106 12 00 (whales, dolphins and porpoises (mammals of the order Cetacea); manatees and dugongs (mammals of the order Sirenia); seals, sea lions and walruses (mammals of the suborder Pinnipedia)

0106 13 00 (camels and other camelids (Camelidae))

0106 14 10 (domestic rabbits)

0106 14 90 (other rabbits and hares than domestic rabbits)

0106 19 00 (other): mammals other than those of heading 0101 , 0102 , 0103 , 0104 , 0106 11 , 0106 12 , 0106 13 and 0106 14 ; covers dogs and cats

0106 20 00 (reptiles, including snakes and turtles)

0106 31 00 (birds: birds of prey)

0106 32 00 (birds: psittaciformes, including parrots, parakeets, macaws and cockatoos)

0106 33 00 (ostriches; emus (dromaius novaehollandiae)

0106 39 (other): covers birds, other than those of heading 0105 , 0106 31 , 0106 32 and 0106 33 , including pigeons.

0106 41 00 (bees)

0106 49 00 (other insects than bees)

0106 90 00 (other): all other live animals not covered elsewhere, other than mammals, birds and reptiles. Live frogs whether for vivaria to be kept alive, or to be killed for human consumption, are covered by this heading.
CHAPTER 2
Meat and edible meat offal
Note to Chapter 2 1. This chapter does not cover:
(a) Products of a kind described in headings 0201 to 0208 or 0210 unfit or unsuitable for human consumption;
(b) guts, bladders or stomachs of animals (heading 0504 ) or animal blood (heading 0511 or 3002 ); or
(c) animal fat, other than the products of heading 0209 (Chapter 15).
CN code
Description
Qualification and explanation
(1) (2) (3) 0201
Meat of bovine animals, fresh or chilled
All
0202
Meat of bovine animals, frozen
All
0203
Meat of swine, fresh, chilled or frozen
All
0204
Meat of sheep or goats, fresh, chilled or frozen
All
0205 00
Meat of horses, asses, mules or hinnies, fresh, chilled or frozen
All
0206
Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen
All
0207
Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen
All
0208
Other meat and edible meat offal, fresh, chilled or frozen
All, excludes: raw material not intended/suitable for human consumption.
This covers other raw material for the production of gelatine or collagen for human consumption.
Covers all meat and edible meat offal from the following subheadings:

0208 10 (of rabbits or hares)

0208 30 00 (of primates)

0208 40 (of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of the suborder Pinnipedia))

0208 50 00 (of reptiles, including snakes and turtles)

0208 60 00 (of camels and other camelids (Camelidae))

0208 90 (other: of domestic pigeons, of game other than of rabbits or hares): covers meat of quails, reindeer or any other mammal species. Covers frogs’ legs under CN code 0208 90 70 .
0209
Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked.
All, covers both fat and processed fat as described in column 2. 0210
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal.
All, covers meat, meat products and other products of animal origin.
Covers processed animal protein and dried pigs ears for human consumption.
Bones for human consumption are covered under heading 0506 .
Sausages are covered under heading 1601 .
Greaves are covered under heading 2301 .
CHAPTER 3
Fish and crustaceans, molluscs and other aquatic invertebrates
General remarks
This chapter covers both live fish for breeding and reproduction, live ornamental fish, and live fish or live crustaceans transported alive but imported for human consumption.
All products in this chapter are subject to veterinary checks.
Notes to Chapter 3 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
(a) mammals of heading 0106 ;
(b) meat of mammals of heading 0106 (heading 0208 or 0210 );
(c) fish (including livers and roes thereof) or crustaceans molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates unfit for human consumption (heading 2301 ); or
(d) caviar or caviar substitutes prepared from fish eggs (heading 1604 ).
CN code
Description
Qualification and explanation
(1) (2) (3) 0301
Live fish
All: covers trout, eels, carp, or any other species or any fish imported for breeding or reproduction.
Live fish imported for immediate human consumption are treated for veterinary checks purposes as if they were products.
Covers ornamental fish in subheading 0301 10 .
0302
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304
All; covers livers and roes, fresh or chilled, in CN code 0302 90 00 .
0303
Fish, frozen, excluding fish fillets and other fish meat of heading 0304
All; covers livers and roes, frozen, in subheading 0303 90 .
0304
Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen.
All
0305
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption.
All, covers other fishery products such as flours, meals and pellets fit for human consumption made from fish, covers fish heads, tails and maws and other fishery products.
0306
Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption.
All: live crustaceans imported for immediate human consumption are considered and treated for veterinary checks purposes as if they were products.
Covers ornamental sea monkeys and their cysts for use as pet animals; and all live ornamental crustaceans as provided for by Commission Regulation (EC) No 1251/2008 (4).
0307
Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked molluscs, whether in shell or not, whether or not cooked before or during the smoking process; flours, meals and pellets of molluscs, fit for human consumption.
This covers molluscs that may have been cooked and then smoked. Other cooked molluscs are covered in heading 1605 .
Covers live ornamental molluscs as provided for by Regulation (EC) No 1251/2008. Live molluscs imported for immediate human consumption are considered and treated for veterinary checks purposes as if they were products.
Covers all from the subheadings 0307 11 to 0307 99 , such as the following examples:

0307 60 (snails other than sea snails): covers terrestrial gastropods of the species Helix pomatia, Helix aspersa, Helix lucorum and species of the family Achatinidae. Covers live snails (including fresh water snails) for immediate human consumption and also snail meat for human consumption. Covers lightly pre cooked or pre-processed snails. Further processed products are covered in heading 1605 .

0307 91 00 (live, fresh, or chilled other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones; but including flours, meals and pellets thereof; fit for human consumption): covers meat of sea water snail species, whether in shell or not.

0307 99 (other molluscs than oysters, scallops, mussels, cuttle fish, octopus, snails other than sea snails, clams, cockles, ark shells, abalones other than live, fresh or chilled; but including flours, meals and pellets thereof; fit for human consumption).
0308
Aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than crustaceans and molluscs, whether or not cooked before or during the smoking process; flours, meals and pellets of aquatic invertebrates other than crustaceans and molluscs, fit for human consumption.
All
CHAPTER 4
Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included
Notes to Chapter 4 1. The expression “milk” means full-cream milk or partially or completely skimmed milk. 2. For the purposes of heading 0405 :
(a) the term “butter” means natural butter, whey butter or recombined butter (fresh, salted or rancid, including canned butter) derived exclusively from milk, with a milkfat content of 80 % or more but not more than 95 % by weight, a maximum milk solids-not-fat content of 2 % by weight and a maximum water content of 16 % by weight. Butter does not contain added emulsifiers, but may contain sodium chloride, food colours, neutralising salts and cultures of harmless lactic-acid-producing bacteria;
(b) the expression “dairy spreads” means a spreadable emulsion of the water-in-oil type, containing milkfat as the only fat in the product, with a milkfat content of 39 % or more but less than 80 % by weight. 3. Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics:
(a) a milkfat content, by weight of the dry matter, of 5 % or more;
(b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and
(c) they are moulded or capable of being moulded. 4. This chapter does not cover:
(a) products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading 1702 ); or
(b) albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading 3502 ) or globulins (heading 3504 ).
Extract from the Harmonised System Explanatory Notes
Heading
0408
covers whole eggs not in shell, and egg yolks of all birds. The products of this heading may be fresh, dried, cooked by steaming or by boiling in water, moulded (e.g. cylindrical “long eggs”), frozen or otherwise preserved. All these fall in the heading whether or not containing added sugar or other sweetening matter and whether for use as food or for industrial purposes (e.g., in tanning).
This heading does not cover
(a) Oil of egg yolk (heading 1506 ).
(b) Egg preparations containing seasoning, spices or other additives (heading 2106 ).
(c) Lecithin (heading 2923 ).
(d) Separate egg white (egg albumin) (heading 3502 ).
Extract from the Harmonised System Explanatory Notes
Heading
0409
covers honey produced by bees (Apis mellifera) or by other insects, centrifuged or in the comb or containing comb chunks, provided that neither sugar nor other substance has been added. Such honey may be designated by floral source, origin or colour.
Heading 0409
excludes artificial honey and mixtures of natural and artificial honey (heading 1702 ).
Extract from the Harmonised System Explanatory Notes
Heading
0410
covers products of animal origin suitable for human consumption, not specified or included elsewhere in the Combined Nomenclature. This includes:
(a) turtles eggs.
(b) salanganes’ nests (“birds nests”).
Heading 0410
excludes animal blood, edible or not, liquid or dried (heading 0511 or 3002 ).
CN code
Description
Qualification and explanation
(1) (2) (3) 0401
Milk and cream, not concentrated nor containing added sugar or other sweetening matter.
All: milk covers milk that is raw, pasteurised, or thermised, including frozen.
Covers fractions of milk.
Milk for animal feed is covered under this heading, whereas animal feed containing milk is covered in heading 2309 .
Milk for therapeutic/prophylactic uses is covered in heading 3001 .
0402
Milk and cream, concentrated or containing added sugar or other sweetening matter.
All, including milk for infants.
0403
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa.
All, covers cream, flavoured or containing fruits, frozen and fermented milk, for human consumption.
Ice cream is covered in heading 2105 .
Beverages containing milk flavoured with cocoa or other substances are covered in heading 2202 .
0404
Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included.
All, covers milk products for infants.
Covers in CN code 0404 10 48 bovine colostrum, in liquid form, defatted and de-caseinated, for human consumption, and in CN code 0404 90 21 spray-dried, reduced-fat colostrum powder which has not been de-caseinated, for human consumption.
0405
Butter and other fats and oils derived from milk; dairy spreads.
All: covers dairy spreads.
0406
Cheese and curd
All
0407
Birds’ eggs, in shell, fresh, preserved or cooked.
All, covers hatching eggs and specified pathogen free eggs (SPF), fertilised eggs for incubation (0407 11 and 0407 19 ).
Covers fresh eggs (0407 21 to 0407 29 ) and other eggs (0407 90 ), not fit and fit for human consumption.
Covers “100 year old eggs”.
Egg albumin not fit and fit for human consumption is covered in heading 3502 .
0408
Birds’ eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter.
All: this heading covers egg products whether or not heat treated and products not fit for human consumption.
0409 00 00
Natural honey
All
0410 00 00
Edible products of animal origin, not elsewhere specified or included.
All
This heading covers “royal jelly” and propolis (used in manufacture for pharmaceutical products and food supplements) and other animal derived material for human consumption, except bones (which are covered in 0506 ).
Insects or insect eggs for human consumption are covered in this CN code.
CHAPTER 5
Products of animal origin, not elsewhere specified or included
General remarks
Specific requirements for certain products in this chapter are laid down in Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011:
Row 7: pig bristles
Row 8: untreated hair
Row 9: treated feathers and parts of feathers.
The terms “untreated” and “treated” are defined for the relevant product in Annex I to Regulation (EU) No 142/2011. Notes to Chapter 5 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
(a) edible products (other than guts, bladders and stomachs of animals, whole and pieces thereof, and animal blood, liquid or dried);
(b) hides or skins (including furskins), other than goods of heading 0505 and parings and similar waste of raw hides or skins of heading 0511 (Chapter 41 or 43);
(c) animal textile materials, other than horsehair and horsehair waste (Section XI); or
(d) prepared knots or tufts for broom or brush making (heading 9603 ). 3. Throughout the nomenclature, elephant, hippopotamus, walrus, narwhal and wild boar tusks, rhinoceros horns and the teeth of all animals are regarded as “ivory”. 4. Throughout the nomenclature, the expression “horsehair” means hair of the manes or tails of equine or bovine animals.
Extract from the Harmonised System Explanatory Notes
Heading
0505
covers
(1) Skins and other parts of birds (e.g., heads, wings) with their feathers or down, and
(2) Feathers and parts of feathers (whether or not with trimmed edges), and down,
provided they are either unworked, or merely cleaned, disinfected or treated for preservation but not otherwise worked or mounted.
Heading 0505 also covers powder, meal and waste of feathers or parts of feathers.
CN code
Description
Qualification and explanation
(1) (2) (3) 0502 10 00
Pigs’, hogs’ or boars’ bristles and hair and waste thereof.
All, treated and untreated.
Untreated pigs bristles means pig bristles that have not undergone factory washing, been obtained from tanning, or been treated by some other method to ensure that no pathogens remain.
0504 00 00
Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked.
All: covers stomachs, bladders and intestines cleaned salted dried or heated of bovine, porcine, ovine, caprine, or of poultry origin.
Ex 0505
Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers.
All: including game trophies of birds, but excluding treated decorative feathers, treated feathers carried by travellers for their private use or consignments of treated feathers sent to private individuals for non-industrial purposes.
Article 25(1)(b) of Regulation (EU) No 142/2011 prohibits the importation into and transit through the Union of untreated feathers and parts of feathers and down.
Veterinary checks are applicable for feathers independent from their treatment as referred to in point C of Chapter VII of Annex XIII to Regulation (EU) No 142/2011. Further specific requirements for game trophies are laid down in Section 5 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Section 6 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 covers feathers used for stuffing, down, raw or other feathers.
0506
Bones and horn-cores, un-worked, defatted, simply prepared (but not cut to shape), treated with acid or de-gelatinised; powder and waste of these products.
Covers bones for production of gelatine, or collagen if derived from carcases that have been slaughtered for human consumption and bone flour for human consumption.
Specific requirements for such products not intended for human consumption are laid down in Row 6 (game trophies) and in Row 11 (bones and bone products (excluding bone meal), horns and horn products (excluding horn meal) and hooves and hoof products (excluding hoof meal) for uses other than as feed material, organic fertiliser or soil improver) of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. 0507
Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, un-worked or simply prepared but not cut to shape; powder and waste of these products.
Specific requirements for game trophies are laid down in Row 6 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Covers treated game trophies from birds and ungulates being solely bones, horns, hooves, claws, antlers, teeth, hides or skins from third countries.
Ex 0508 00 00
Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof.
Empty shells for food use and use as raw material for glucosamine.
In addition, shells containing soft tissue and flesh used for different purposes are covered under Article 10(k)(i) of Regulation (EC) No 1069/2009. Ex 0510 00 00
Ambergris, castoreum, civet and musk, cantharides, bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved
Specific requirements are laid down in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 for animal by-products for the manufacture of petfood other than raw petfood and of derived products for uses outside the feed chain (for pharmaceuticals and other technical products).
Glands, other animal products and bile are covered by this code.
Dried glands and products are covered by heading 3001 .
0511
Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption.
All, covers subheadings 0511 10 to 0511 99 .
Covers genetic material (semen and embryos of animal origin such as bovine, ovine, caprine, equine and porcine species) and animal by-products of Categories 1 and 2 materials.
The following are examples of animal products falling in subheadings 0511 10 to 0511 99 :

0511 10 00 (bovine semen)

0511 91 (products of fish or crustaceans, molluscs or other aquatic invertebrates): all, covers fish eggs for hatching, dead animals, animal by-products for the manufacture of petfood and for pharmaceuticals and other technical products. Covers dead animals of Chapter 3, inedible or classed unfit for human consumption, for example, daphnids, known as water fleas, and other ostracoda or phyllopods, dried, for feeding aquarium fish; covers fish bait.

0511 99 10 (sinews or tendons; parings and similar waste of raw hides and skins)

0511 99 31 (raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0511 99 39 (other than raw natural sponges of animal origin): all if for human consumption; if not for human consumption only those destined for petfood. Specific requirements for non-human consumption are set out in Row 12 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
0511 99 85 (other animal products not elsewhere specified or included; dead animals of Chapter 1, unfit for human consumption): all: embryos, ova, semen and genetic material not covered in 0511 10 and of species other than bovine fall under this heading. Covers animal by-products for the manufacture of petfood or other technological products.
Covers untreated horsehair, apiculture products other than waxes for apiculture or technical use, spermaceti for technical use, dead animals of Chapter 1 which are inedible or not for human consumption (for example dogs, cats, insects), animal material where the essential characteristics have not been changed, and edible animal blood not derived from fish, for human consumption.
CHAPTER 12
Oil seeds and oleaginous fruits miscellaneous grains, seeds and fruit: industrial or medicinal plants: straw and fodder
General remarks
Only certain plant products are subject to veterinary checks, see definition of “products” in Article 2(2)(a) of Directive 97/78/EC.
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 1212 99 95
Bee pollen
All
Ex 1213 00 00
Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets.
Covers only straw.
Ex 1214 90
Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale lupines vetches and similar forage products whether or not in the form of pellets: Other than Lucerne (alfalfa) meal and pellets.
Covers only hay.
CHAPTER 15
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
General remarks
All animal derived fats and oils. Specific requirements for the following products are set out in Annex XIV to Regulation (EU) No 142/2011: 1. rendered fats and fish oils in Row 3 of Table 1 of Section 1 of Chapter I; 2. rendered fats from Category 2 materials for certain purposes outside the feed chain for farmed animals (for example oleo chemical purposes) in Row 17 of Table 2 of Section 1 of Chapter II; 3. fat derivatives in Row 18 of Table 2 of Section 1 of Chapter II.
Fat derivatives include first stage products derived from fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011. Derivatives mixed with other materials are subjected to veterinary checks.
Notes to Chapter 15 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
(a) pig fat or poultry fat on heading 0209 ;
(b) cocoa butter, fat and oil (heading 1804 );
(c) edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21);
(d) greaves (heading 2301 ) or residues of headings 2304 to 2306 ;
… 3. Heading 1518 does not cover fats or oils or their fractions, merely denatured, which are classified in the heading appropriate to the corresponding undenatured fats and oils and their fractions. 4. Soap stocks, oil foots and dregs, stearin pitch, glycerol pitch and wool grease residues fall in heading 1522 .
Extract from the Harmonised System Explanatory Notes
Heading
1516
covers animal and vegetable fats and oils, which have undergone a specific chemical transformation of a kind mentioned below, but have not been further prepared.
The heading also covers similarly treated fractions of animal or vegetable fats and oils.
Hydrogenation, which is affected by bringing the products into contact with pure hydrogen at a suitable temperature and pressure in the presence of a catalyst (usually finely divided nickel), raises the melting points of fats and increases the consistency of oils by transforming unsaturated glycerides into saturated glycerides of higher melting points.
CN code
Description
Qualification and explanation
(1) (2) (3) 1501
Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503 .
All
1502
Fats of bovine animals, sheep or goats, other than those of heading 1503 .
All
1503 00
Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared.
All
1504
Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified.
All, fish oils — and oils from fishery products and marine mammals.
Miscellaneous edible preparations are covered in Chapter 21. 1505 00
Wool grease and fatty substances derived therefrom (including lanolin).
All, import without restrictions may be possible for treated wool as referred to in point B of Chapter VII of Annex XIII to Regulation (EU) No 142/2011, if in compliance with the rules referred to in Article 41 of Regulation (EC) No 1069/2009. 1506 00 00
Other animal fats and oils and their fractions, whether or not refined, but not chemically modified.
All
Unsplit fats or oils, and also their initial fractions produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011. 1516 10
Animal fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared.
All: animal fats and oils.
For veterinary checks fat derivatives include first stage products derived from animal fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011. Ex 1517
Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 .
Containing animal fats and oils only.
Ex 1518 00 91
Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 .
Animal fats and oils only, rendered.
Fat derivatives produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011. Specific requirements are set out in Row 17 (rendered fats) and Row 18 (fat derivatives) of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. 1518 00 95
Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions.
All: fats and oil preparations derived from animals.
Fat derivatives produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011. Ex 1518 00 99
Other
Only if fat from animals is contained.
1521 90 91
Raw beeswax and other insect waxes.
All, covers waxes in natural combs, raw beeswax for apiculture or technical purposes.
Article 25(1)(c) of Regulation (EU) No 142/2011 prohibits the importation into and transit through the Union of beeswax in the form of honeycomb.
Specific requirements for apiculture by-products are set out in Row 10 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. 1521 90 99
Beeswax and other insect waxes, whether or not refined or coloured, other than raw.
All, covers waxes, processed or refined, whether or not bleached or coloured, for apiculture or technical purposes.
Specific requirements for apiculture by-products are set out in Row 10 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Apiculture by-products other than beeswaxes must be submitted for veterinary checks under CN code 0511 99 85 “Other”.
Ex 1522 00
Degras; residues resulting from the treatment of fatty substances or animal and vegetable waxes.
Animal origin only.
CHAPTER 16
Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
General remarks
This chapter covers composite products containing processed animal products.
Notes to Chapter 16 1. This chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates prepared or preserved by the process specified in Chapter 2 or 3 or heading 0504 . 2. Food preparations fall in this chapter provided that they contain more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof. In cases where the preparation contains two or more of the products mentioned above, it is classified in the heading of Chapter 16 corresponding to the component or components which predominate by weight. These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103 or 2104 .
For preparations containing liver, the provisions of the second sentence shall not apply in determining the subheadings within heading 1601 or 1602 .
CN code
Description
Qualification and explanation
(1) (2) (3) 1601 00
Sausages and similar products, of meat, meat offal or blood; food preparations based on these products.
All, covers preserved meat in various forms.
1602
Other prepared or preserved meat, meat offal or blood.
All, covers preserved meat in various forms.
1603 00
Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates.
All, covers fish protein in gel form whether chilled or frozen.
1604
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs; fish whole or in pieces, but not minced.
All, cooked or pre-cooked culinary preparations containing or mixed with fish or fishery products.
Covers surimi in CN code 1604 20 05 .
Covers canned fish and canned caviar in airtight containers, and also sushi (provided they are not to be classified in Chapter 19).
Pasta stuffed with fish products are covered in heading 1902 .
So-called fish skewers (raw fishmeat/shrimps with vegetables presented on a wooden stick) are classified in CN code 1604 19 97 .
1605
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved.
All, including fully prepared or pre-prepared snails.
Covers canned crustaceans, or other aquatic invertebrates.
CHAPTER 17
Sugars and sugar confectionery
Notes to Chapter 17 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
…
(b) chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940 ;
…
CN code
Description
Qualification and explanation
(1) (2) (3) 1702 11 00
Lactose and lactose syrup, containing by weight 99 % or more lactose, expressed as anhydrous lactose, calculated on the dry matter.
All, covers artificial honey and mixtures of natural and artificial honey.
CHAPTER 19
Preparations of cereals, flour, starch or milk; pastry cooks’ products
General remarks
This chapter covers composite products containing processed animal products and food preparations containing unprocessed animal products.
Heading 1902 [pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared] covers only animal products contained in products of subheadings 1902 11 , 1902 20 , 1902 30 and 1902 40 .
Heading 1902 covers cooked or pre-cooked culinary preparations containing animal products as set out for composite products in Articles 4 to 6 of Decision 2007/275/EC.
Notes to Chapter 19 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
(a) except in the case of stuffed products of heading 1902 , food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);
…
CN code
Description
Qualification and explanation
(1) (2) (3) 1901
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less that 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included.
All.
Culinary preparations are covered in Chapters 16 and 21. 1902 11 00
Uncooked pasta, not stuffed or otherwise prepared, containing eggs.
All
1902 20 10
Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates.
All
1902 20 30
Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin.
All
Ex 1902 20 91
Cooked stuffed pasta.
Containing animal products.
Ex 1902 20 99
Other [other stuffed pasta, not cooked].
Containing animal products.
Ex 1902 30
Other pasta than pasta of subheadings 1902 11 , 1902 19 and 1902 20 .
Containing animal products.
Ex 1902 40
Couscous.
Containing animal products.
Covers prepared couscous, for example, couscous put up with meat, vegetables and other ingredients, provided that the meat content does not exceed 20 % by weight of the preparation.
Ex 1904 90 10
Prepared food obtained from rice.
Containing animal products, for example, sushi (provided they are not to be classified in Chapter 16).
Ex 1905
Patisseries.
Covers those preparations containing meat or other animal products.
CHAPTER 20
Preparations of vegetables, fruit, nuts, or other parts of plants
General remarks
This chapter covers composite products containing processed animal products and food preparations containing unprocessed animal products.
Notes to Chapter 20 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
…
(b) food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).
…
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 2004
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 .
Covers those preparations containing animal products.
Ex 2005
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 .
Covers those preparations containing animal products.
CHAPTER 21
Miscellaneous edible preparations
General remarks
This chapter covers composite products containing processed animal products as set out for composite products in Articles 4 to 6 of Decision 2007/275/EC and food preparations containing unprocessed animal products.
Notes to Chapter 21 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
…
(e) food preparations, other than products described in 2103 or 2104 , containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).
… 3. For the purposes of heading 2104 , the expression “homogenised composite food preparations” means preparations consisting of a finely homogenised mixture of two or more basic ingredients such as meat, fish, vegetables, fruits or nuts, put up for retail sale as infant food or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible pieces of ingredients.
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 2103 90 90
Sauces and preparations therefore; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard. — Other
Covers those preparations containing animal products.
Ex 2104
Soups and broths and preparations therefore; homogenised composite food preparations.
Covers those preparations containing animal products.
Ex 2105 00
Ice cream and other edible ice, whether or not containing cocoa.
Covers those preparations containing raw or processed milk.
Ex 2106 10
Protein concentrates and textured protein substances.
Covers those preparations containing animal products as set out for composite products in Articles 4 to 6 of Decision 2007/275/EC.
Ex 2106 90 92
Other food preparations not elsewhere specified or included, containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch.
Covers those preparations containing animal products, for example, food supplements, cheese fondues, chondroitin, animal oils or other animal products in capsules, with or without other substances.
Ex 2106 90 98
Other food preparations not elsewhere specified or included.
Covers those preparations containing animal products, for example, food supplements, cheese fondues, chondroitin, animal oils or other animal products in capsules, with or without other substances.
CHAPTER 22
Beverages, Spirits and Vinegar
Notes to Chapter 22 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 3. For the purposes of heading 2202 , the term “non-alcoholic beverages” means beverages of an alcoholic strength by volume not exceeding 0,5 % vol. Alcoholic beverages are classified in headings 2203 to 2206 or heading 2208 as appropriate.
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 2202 90
Other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 .
Containing products or fat of products of heading 0401 to 0404 .
CHAPTER 23
Residues and waste from the food industries; prepared animal fodder
Note to Chapter 23 1. Heading 2309 includes products of a kind used in animal feeding, not elsewhere specified or included, obtained by processing vegetable or animal materials to such an extent that they have lost the essential characteristics of the original material, other than vegetable waste, vegetable residues and by-products of such processing.
Extract from the Harmonised System Explanatory Notes
Greaves are used mainly in the preparation of animal foods (e.g., dog biscuits), but they remain in heading
2301
even if suitable for human consumption.
CN code
Description
Qualification and explanation
(1) (2) (3) 2301
Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves.
All, covers processed animal protein not for human consumption, meat meal not for human consumption, and greaves, whether or not for human consumption.
Feather meal is covered in heading 0505 .
Specific requirements for processed animal protein are set out in Row 1 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Ex 2309
Preparations of a kind used in animal feeding.
All, except subheadings 2309 90 20 . and 2309 90 91 .
Covers, among other things, dog or cat food, put up for retail sale (subheading 2309 10 ), containing animal products and fish or marine mammal solubles (CN code 2309 90 10 ). Products for animal feeding purposes, including mixtures of meals (such as hoof and horn).
This heading covers liquid milk, colostrum and products containing milk products, colostrum, and/or carbohydrates, all not for human consumption but for animal feeding.
Covers petfood, dogchews and mixtures of meals, mixtures can include dead insects.
Specific requirements for petfood including dogchews are set out in Row 12 of Table 2 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Covers egg products not for human consumption and other processed products of animal origin not for human consumption.
Specific requirements for egg products are set out in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. CHAPTER 28
Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 2835 25 00
Calcium hydrogenorthophosphate (“dicalcium phosphate”).
Only of animal origin.
Specific requirements for dicalcium phosphate are set out in Row 6 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Ex 2835 26 00
Other phosphates of calcium.
Tricalcium phospate of animal origin only.
Specific requirements for tricalcium phosphate are set out in Row 7 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. CHAPTER 29
Organic chemicals
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 2932 99 00
Other heterocyclic compounds with oxygen hetero-atom(s) only.
Only of animal origin, for example, glucosamine-sulphat.
CHAPTER 30
Pharmaceutical products
General remarks
Finished medicinal products are not covered by veterinary legislation for import. Intermediate products derived from Category 3 material and intended for technical uses in medical devices, in vitro diagnostics, laboratory reagents and cosmetics are included.
In Heading 3001 (glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included) only subheadings 3001 20 and 3001 90 , animal derived material only, are relevant for veterinary checks. Refer to the following specific requirements in Annex XIV to Regulation (EU) No 142/2011: 1. Row 2 of Table 2 of Section 1 of Chapter II for blood products for technical products excluding from equidae, and 2. Row 3 of Table 2 of Section 1 of Chapter II for blood and blood products from equidae, and 3. Row 14 of Table 2 of Section 1 of Chapter II for animal by-products for the manufacture of petfood other than raw petfood and of derived products for uses outside the feed chain.
In Heading 3002 (human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products) only subheadings 3002 10 and 3002 90 are relevant for veterinary checks. Human blood of 3002 90 10 and vaccines of subheadings 3002 20 and 3002 30 do not need to be subjected to veterinary checks.
CN code
Description
Qualification and explanation
(1) (2) (3) 3001 20 90
Extracts of glands or other organs or of their secretions, of other than human origin
All; covers a product acting as a replacement for maternal colostrum and used in the feeding of calves.
3001 90 91
Animal substances prepared for therapeutic or prophylactic uses: heparin and its salts;
All
3001 90 98
Other animal substances than heparin and its salts prepared for therapeutic or prophylactic uses, not elsewhere specified or included.
All.
In addition to the glands and other organs, this subheading covers the hypophysis, the suprarenal capsules and the thyroid gland; except those specified in Article 33 of Regulation (EC) No 1069/2009. Ex 3002 10 10
Antisera, whether or not modified or obtained by means of biotechnological processes.
Antisera of animal origin only.
Excludes finished medicinal products for the final consumer.
Under heading 3002 , specific requirements are set out for animal by-products covered by Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 and specified in the following Rows:

Row 2: blood products other than from equidae;

Row 3: blood and blood products from equidae.
Ex 3002 10 91
Haemoglobin, blood globulines and serum globulins, whether or not modified or obtained by means of biotechnological processes.
Only animal derived material.
Ex 3002 10 99
Other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes, of other than human origin.
Only animal derived material.
3002 90 30
Animal blood prepared for therapeutic, prophylactic or diagnostic uses.
All
Ex 3002 90 50
Cultures of micro organisms.
Pathogens and cultures of pathogens.
Ex 3002 90 90
Other.
Pathogens and cultures of pathogens.
Ex 3006 92 00
Waste pharmaceuticals.
Only animal derived material.
Pharmaceutical waste, pharmaceutical products which are unfit for their original intended purpose.
CHAPTER 31
Fertilisers
Notes to Chapter 31 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover:
(a) animal blood of heading 0511 ;
…
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 3101 00 00
Animal fertilisers, whether or not mixed together or chemically treated; fertilisers produced by mixing or chemical treatment of animal or vegetable products.
Only animal derived products in an un-adulterated form.
Covers guano, manure, but manure–chemical mixtures used as fertilisers are excluded (for example, heading 3105 ).
Covers manure mixed with processed animal protein, if used as fertiliser.
Specific requirements for manure, processed manure or processed manure products are set out in Row 1 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. CHAPTER 35
Albuminoidal substances; modified starches; glues; enzymes
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 3501
Casein, caseinates and other casein derivatives; casein glues.
Casein for human consumption, animal feeding or technical purposes.
Specific requirements for milk, milk-based products and colostrum not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Ex 3502
Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives.
Covers products derived from eggs and derived from milk whether for human consumption or not for human consumption (including animal feed purposes) as specified:

Egg products and dairy products, and processed products for human consumption are as defined in Annex I to Regulation (EC) No 853/2004.
Specific requirements for milk, milk-based products and colostrums not for human consumption are set out in Row 4 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 and for egg products not for human consumption in Row 9 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Ex 3503 00
Gelatine (including gelatine in rectangular [including square] sheets, whether or not surface-worked or coloured) and gelatine derivatives; isinglass; other glues of animal origin, excluding casein glues of heading 3501 .
Covers gelatine for human consumption and for the food industry.
Gelatine classified in heading 9602 , (worked, unhardened gelatin and articles of unhardened gelatin (for example, empty capsules)) are excluded from veterinary checks.
Specific requirements are set out in Row 5 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011 for gelatine and hydrolysed protein not for human consumption and in Section 11 of Chapter II of Annex XIV to that Regulation for photogelatine.
Ex 3504 00
Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder whether or not chromed.
Covers collagen and hydrolysed proteins for human consumption and for the food industry.
Specific requirements for collagen are set out in Row 8 and for hydrolysed protein in Row 5 of Table 1 of Section 1 of Chapter I of Annex XIV to Regulation (EU) No 142/2011. Covers protein based collagen products derived from hides, skins and tendons of animals, including bones in the case of pigs, poultry and fish.
Covers hydrolysed proteins consisting of polypeptides, peptides or amino acids, and mixtures thereof, obtained by the hydrolysis of animal by-products. They are excluded from veterinary checks when they are used as additives in food preparations (heading 2106 ).
Covers any milk by-products for human consumption in case they are not covered in heading 0404 .
Ex 3507 10 00
Rennet and concentrates thereof.
Rennet and concentrates for human consumption, deriving from animal products only.
CHAPTER 38
Miscellaneous chemical products
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 3822 00 00
Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents whether or not on a backing, other than those of heading 3002 or 3006 ; certified reference materials.
Deriving from animal products only.
Ex 3825 10 00
Municipal waste
All catering waste containing animal products including used kitchen oils containing animal products (Article 2(2)(g)(iii) of Regulation (EC) No 1069/2009).
3826 00
Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals
All rendered fats including oils or fats of animal origin as set out in Row 17 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. CHAPTER 39
Plastics and articles thereof
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 3913 90 00
Other natural polymers (except alginic acid, its salts and esters) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms.
Deriving from animal products only, for example, chondroitin sulphate, glucosamine, chitosan.
Ex 3917 10 10
Artificial guts (sausage casings) of hardened protein or of cellulosic materials.
Deriving from animal products only.
CHAPTER 41
Raw hides and skins (other than furskins) and leather
General remarks
Hides and skins of ungulates only covered in headings 4101 , 4102 , 4103 are to be subjected to veterinary checks.
Specific requirements for hides and skins of ungulates are laid down in Row 4 and 5 of Table 2, Section 1, Chapter II of Annex XIV to Regulation (EU) No 142/2011. The expression “treated hides and skins” is defined for the relevant products in Annex I to Regulation (EU) No 142/2011. Notes to Chapter 41 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. This chapter does not cover
(a) parings or similar waste, of raw hides or skins (heading 0511 );
(b) bird skins or parts of bird skins, with their feathers or down, of heading 0505 or 6701 ;
(c) hides or skins, with the hair or wool on, raw, tanned or dressed (Chapter 43); the following are, however, to be classified in Chapter 41, namely, raw hides and skins with the hair or wool on, of bovine animals (including buffalo), of equine animals, of sheep or lambs (except Astrakhan, Broadtail, Caracul, Persian or similar lambs, Indian, Chinese, Mongolian or Tibetan lambs), of goats and kids (except Yemen, Mongolian or Tibetan goats and kids), of swine (including peccary), of chamois, of gazelle, of camels (including dromedaries), of reindeer, of elk, of deer, of roebucks or of dogs.
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 4101
Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split.
Veterinary checks only apply to fresh, chilled or treated, skins and hides, including dried, dry-salted, wet salted, or preserved by a process other than by tanning or an equivalent process.
Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4101 20 80 and ex 4101 50 90 .
Ex 4102
Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not with wool on or split, other than those excluded by Note 1 (c) to this Chapter.
Veterinary checks only apply to fresh, chilled or treated skins and hides, including dried, dry-salted, wet salted, or preserved by a process other than by tanning or an equivalent process.
Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4102 21 00 and ex 4102 29 00 .
Ex 4103
Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split, other than those excluded by Note 1 (b) or 1 (c) to this Chapter.
Veterinary checks only apply to fresh, chilled or treated skins and hides, including dried, dry-salted, wet salted, or preserved by a process other than by tanning or an equivalent process.
Import without restrictions may be possible for treated hides and skins as referred to in point C 2 of Chapter V of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009, in particular for ex 4103 90 00 .
CHAPTER 42
Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)
Notes to Chapter 42 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 2. This chapter does not cover (amongst other products) the following of veterinary interest:
(a) sterile surgical catgut or similar sterile suture materials (heading 3006 );
…
(ij)
strings, skins for drums or the like, or other parts of musical instruments (heading 9209 ).
…
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 4205 00 90
Other articles of leather or of composition leather.
Covers material for manufacture of dogchews.
Ex 4206 00 00
Articles of gut (other than silkworm gut) of goldbeater’s skin, of bladders or of tendons.
Covers material for manufacture of dogchews.
CHAPTER 43
Furskins and artificial fur; manufactures thereof
Notes to Chapter 43 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) 1. Throughout the nomenclature, references to “furskins”, other than raw furskins of heading 4301 , apply to hides and skins of all animals which have been tanned or dressed with the wool on. 2. This chapter does not cover:
(a) bird skins or parts of bird skins, with their feathers or down (heading 0505 or 6701 );
(b) raw hides or skins, with the hair or wool on, of Chapter 41 (see note 1(c) to that chapter);
…
Extract from the Harmonised System Explanatory Notes
Heading 4301 : Furskins are regarded as raw and falling in this heading not only when in the natural state, but also if cleaned and preserved from deterioration, e.g., by drying or salting (wet or dry).
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 4301
Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furriers’ use), other than raw hides and skins of headings 4101 , 4102 or 4103 .
All, excluding furskins treated in accordance with Chapter VIII of Annex XIII to Regulation (EU) No 142/2011, if in compliance with Article 41(3) of Regulation (EC) No 1069/2009. Covers the following subheadings:

Ex 4301 10 00 (of mink, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 30 00 (of lamb, the following: Astrakhan, Broadtail, Caracul, Persian and similar lamb, Indian, Chinese, Mongolian, or Tibetan lamb, whole, with or without the head, tail, or paws): specific requirements for hides and skins of ungulates are set out in Row 5 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 60 00 (of fox, whole, with or without head, tail or paws): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 80 00 (other furskins, whole, with or without head, tail or paws): other than ungulates, for example marmots, wild felines, seals, nutria. Specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011.
Ex 4301 90 00 (heads, tails, paws and other pieces or cuttings, suitable for furriers’ use): specific requirements for derived products for uses outside the feed chain (fur) are set out in Row 14 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. CHAPTER 51
Wool, fine or coarse animal hair; horsehair yarn and woven fabric
General remarks
For headings 5101 to 5103 specific requirements for untreated wool and hair are set out in Row 8 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. The term “untreated” is defined for the relevant product in Annex I to Regulation (EU) No 142/2011. Note to Chapter 51 1. Throughout the nomenclature:
(a) “Wool” means the natural fibre grown by sheep or lambs.
(b) “Fine animal hair” means the hair of alpaca, llama, vicuna, camel (including dromedary), yak, angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit, (including angora rabbit), hare, beaver, nutria or muskrat.
(c) “Coarse animal hair” means the hair of animals not mentioned above, excluding brush-making hair and bristles (heading 0502 ) and horsehair (heading 0511 ).
Extract from the Harmonised System Explanatory Notes
Throughout the nomenclature the expression “coarse animal hair” means all other animal hair than “fine animal hair” with the exception of, inter alia, pigs’ bristles or hair (heading 0502 ), see also Chapter Note 1.(c) above.
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 5101
Wool, not carded or combed.
Untreated wool.
Ex 5102
Fine or coarse animal hair, not carded or combed.
Untreated hair, including coarse hair from the flanks of bovine or equine animals.
Ex 5103
Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garneted stock.
Untreated wool or hair.
CHAPTER 67
Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair
Extract from the Harmonised System Explanatory Notes
Heading
6701
covers:
(A)
Skins and other parts of birds with their feathers or down, feathers and down, and parts of feathers, which though not yet constituting made up articles, have undergone a process other than a simple treatment of cleaning, disinfection or preservation (see Explanatory Note to heading 0505 ); the goods of this heading may, for example, be bleached, dyed, curled or waved.
(B)
Articles made of skins or of other parts of birds with their feathers or down, articles made of feathers, of down or of parts of feathers, even if the feathers or down, etc., are unworked or merely cleaned, but not including articles made of scapes or quills. The heading therefore includes:
(1) Single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements.
(2) Feathers assembled in the form of clusters, and feathers or down assembled by glueing or fixing on textile fabric or other base.
(3) Trimmings made of birds, parts of birds, of feathers or down, for hats, boas, collars, capes or other articles of apparel or clothing accessories.
(4) Fans made of ornamental feathers, with frames of any material. However, fans with frames or precious metal are classified in heading 7113 .
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 6701 00 00
Skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scapes).
Only skins and other parts of birds with their feathers or down, feathers and down, and parts of feathers, which have undergone a process other than a simple treatment of cleaning, disinfection or preservation.
Specific requirements for feathers are set out in Row 9 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Articles of unworked or merely cleaned skins, feathers or down, and parts of feathers; for example single feathers the quills of which have been wired or bound for use as, for example, millinery mounts, and also single composite feathers assembled from different elements, trimmings made of feathers or down, for example for hats, boas, collars; excluding treated decorative feathers, treated feathers carried by travellers for their private use or consignments of treated feathers sent to private individuals for non industrial purposes.
CHAPTER 95
Toys, games and sports requisites; parts and accessories thereof
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 9508 10 00
Travelling circuses and travelling menageries.
Only with live animals.
Ex 9508 90 00
Other: fairground amusements, travelling theatres.
Only with live animals.
CHAPTER 97
Works of art, collectors’ pieces and antiques
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 9705 00 00
Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest.
Animal derived products only.
Specific requirements for game trophies are set out in Row 6 of Table 2 of Section 1 of Chapter II of Annex XIV to Regulation (EU) No 142/2011. Excludes game trophies from ungulates or birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures and game trophies from other species than ungulates and birds (whether treated or untreated).
CHAPTER 99
Special Combined Nomenclature codes
Sub-chapter II
Statistical codes for certain specific movements of goods
(5) General remarks
These special CN codes are to be applied for export only — for import, the CN codes relating to each single product have to be applied.
However, these special CN codes shall be applied for non-complying products of animal origin, which are originating from third countries and are destined for ship supply as provided for by Articles 12 and 13 of Directive 97/78/EC.
CN code
Description
Qualification and explanation
(1) (2) (3) Ex 9930 24 00
Goods from CN Chapters 1 to 24 delivered to vessels and aircraft.
Only products of animal origin destined for ship supply as provided for in Articles 12 and 13 of Directive 97/78/EC.
Ex 9930 99 00
Goods classified elsewhere than in CN Chapters 1 to 24 and 27 delivered to vessels and aircraft.
Only products of animal origin destined for ship supply as provided for in Articles 12 and 13 of Directive 97/78/EC.’

(1)
OJ L 198, 20.7.1987, p. 1.
(2)
OJ C 137, 6.5.2011, p. 1.
(3)
OJ L 268, 14.9.1992, p. 54.
(4)
OJ L 337, 16.12.2008, p. 41.
(5) Annex to Commission Regulation (EU) No 1228/2010.

Pending: 32011D0891

January 16, 2026
28.12.2011 EN Official Journal of the European Union L 344/51
(1) On 22 June 2005, Dow AgroSciences Europe submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 281-24-236×3006-210-23 cotton (‘the application’).
(2) The application also covers the placing on the market of products other than food and feed containing or consisting of 281-24-236×3006-210-23 cotton for the same uses as any other cotton with the exception of cultivation. Therefore, in accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(3) On 15 June 2010, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It considered that cotton 281-24-236×3006-210-23 is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment. Therefore it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from 281-24-236×3006-210-23 cotton as described in the application (‘the products’) will have any adverse effects on human or animal health or the environment in the context of their intended uses(3).
(4) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regulation.
(5) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products. However, due to the physical characteristics of cotton seeds and methods of its transportation, EFSA recommended that, within general surveillance, specific measures are introduced to actively monitor the occurrence of feral cotton plants in areas where seed spillage and plant establishment are likely to occur.
(6) In order to better describe the monitoring requirements and to comply with the EFSA recommendation, the monitoring plan submitted by the applicant has been modified. Specific measures to limit losses and spillage and to eradicate adventitious cotton populations have been introduced.
(7) Taking into account those considerations, authorisation should be granted for the products.
(8) A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(4).
(9) On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from 281-24-236×3006-210-23 cotton. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.
(10) Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC(5), lays down in Article 4(6) labelling requirements for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(11) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council(6). The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2)(c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(7).
(14) The applicant has been consulted on the measures provided for in this Decision.
(15) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chair and the Commission therefore submitted to the Council a proposal relating to these measures.
(16) Since, at its meeting on 15 December 2011, the Council was unable to reach a decision by qualified majority either for or against the proposal and the Council indicated that its proceedings on this file were concluded, these measures are to be adopted by the Commission,
(a) foods and food ingredients containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton;
(b) feed containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton;
(c) products other than food and feed containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton for the same uses as any other cotton with the exception of cultivation.
Name : Dow AgroSciences Europe
Address : European Development Centre, 3 Milton Park, Abingdon, Oxon OX14 4RN, United Kingdom
(1) Foods and food ingredients containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton.
(2) Feed containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton.
(3) Products other than food and feed containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton for the same uses as any other cotton with the exception of cultivation.
(1) For the purposes of the specific labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘cotton’.
(2) The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton referred to in Article 2(b) and (c) of this Decision.
— Event specific real-time PCR based method for the quantification of DAS-24236-5xDAS-21Ø23-5 cotton.
— Validated on seeds by the Community reference laboratory established under Regulation (EC) No 1829/2003, published at https://irmm.jrc.ec.europa.eu/rmcatalogue
— Reference Material: ERM®-BF422 accessible via the Joint Research Centre (JRC) of the European Commission, Institute for Reference Materials and Measurements (IRMM) at http://gmo-crl.jrc.ec.europa.eu/statusofdoss.htm
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Article 7(3) and Article 19(3) thereof,
(1) On 22 June 2005, Dow AgroSciences Europe submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 281-24-236×3006-210-23 cotton (‘the application’).
(2) The application also covers the placing on the market of products other than food and feed containing or consisting of 281-24-236×3006-210-23 cotton for the same uses as any other cotton with the exception of cultivation. Therefore, in accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(3) On 15 June 2010, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It considered that cotton 281-24-236×3006-210-23 is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment. Therefore it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from 281-24-236×3006-210-23 cotton as described in the application (‘the products’) will have any adverse effects on human or animal health or the environment in the context of their intended uses(3).
(4) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regulation.
(5) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products. However, due to the physical characteristics of cotton seeds and methods of its transportation, EFSA recommended that, within general surveillance, specific measures are introduced to actively monitor the occurrence of feral cotton plants in areas where seed spillage and plant establishment are likely to occur.
(6) In order to better describe the monitoring requirements and to comply with the EFSA recommendation, the monitoring plan submitted by the applicant has been modified. Specific measures to limit losses and spillage and to eradicate adventitious cotton populations have been introduced.
(7) Taking into account those considerations, authorisation should be granted for the products.
(8) A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(4).
(9) On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from 281-24-236×3006-210-23 cotton. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.
(10) Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC(5), lays down in Article 4(6) labelling requirements for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(11) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council(6). The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2)(c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(7).
(14) The applicant has been consulted on the measures provided for in this Decision.
(15) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chair and the Commission therefore submitted to the Council a proposal relating to these measures.
(16) Since, at its meeting on 15 December 2011, the Council was unable to reach a decision by qualified majority either for or against the proposal and the Council indicated that its proceedings on this file were concluded, these measures are to be adopted by the Commission,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier
Article 1
Genetically modified cotton (Gossypium hirsutum) 281-24-236×3006-210-23, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier DAS-24236-5xDAS-21Ø23-5, as provided for in Regulation (EC) No 65/2004.

Authorisation
Article 2
The following products are authorised for the purposes of Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:
(a)
foods and food ingredients containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton;
(b)
feed containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton;
(c)
products other than food and feed containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton for the same uses as any other cotton with the exception of cultivation.

Labelling
Article 3
1. For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘cotton’.
2. The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton referred to in Article 2(b) and (c).

Monitoring for environmental effects
Article 4
1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with Decision 2009/770/EC.

Community register
Article 5
The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holder
Article 6
The authorisation holder shall be Dow AgroSciences Europe, United Kingdom, representing Mycogen Seeds, United States.

Validity
Article 7
This Decision shall apply for a period of 10 years from the date of its notification.

Addressee
Article 8
This Decision is addressed to Dow AgroSciences Europe, European Development Centre, 3 Milton Park, Abingdon, Oxon OX14 4RN, United Kingdom.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(1), and in particular Article 7(3) and Article 19(3) thereof,
(1) On 22 June 2005, Dow AgroSciences Europe submitted to the competent authority of the Netherlands an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients, and feed containing, consisting of, or produced from 281-24-236×3006-210-23 cotton (‘the application’).
(2) The application also covers the placing on the market of products other than food and feed containing or consisting of 281-24-236×3006-210-23 cotton for the same uses as any other cotton with the exception of cultivation. Therefore, in accordance with Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, it includes the data and information required by Annexes III and IV to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(2)and information and conclusions about the risk assessment carried out in accordance with the principles set out in Annex II to Directive 2001/18/EC. It also includes a monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
(3) On 15 June 2010, the European Food Safety Authority (‘EFSA’) gave a favourable opinion in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003. It considered that cotton 281-24-236×3006-210-23 is as safe as its non-genetically modified counterpart with respect to potential effects on human and animal health or the environment. Therefore it concluded that it is unlikely that the placing on the market of the products containing, consisting of, or produced from 281-24-236×3006-210-23 cotton as described in the application (‘the products’) will have any adverse effects on human or animal health or the environment in the context of their intended uses(3).
(4) In its opinion, EFSA considered all the specific questions and concerns raised by the Member States in the context of the consultation of the national competent authorities as provided for by Articles 6(4) and 18(4) of that Regulation.
(5) In its opinion, EFSA also concluded that the environmental monitoring plan, consisting of a general surveillance plan, submitted by the applicant is in line with the intended use of the products. However, due to the physical characteristics of cotton seeds and methods of its transportation, EFSA recommended that, within general surveillance, specific measures are introduced to actively monitor the occurrence of feral cotton plants in areas where seed spillage and plant establishment are likely to occur.
(6) In order to better describe the monitoring requirements and to comply with the EFSA recommendation, the monitoring plan submitted by the applicant has been modified. Specific measures to limit losses and spillage and to eradicate adventitious cotton populations have been introduced.
(7) Taking into account those considerations, authorisation should be granted for the products.
(8) A unique identifier should be assigned to each GMO as provided for in Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms(4).
(9) On the basis of the EFSA opinion, no specific labelling requirements other than those provided for in Articles 13(1) and 25(2) of Regulation (EC) No 1829/2003, appear to be necessary for foods, food ingredients and feed containing, consisting of, or produced from 281-24-236×3006-210-23 cotton. However, in order to ensure the use of the products within the limits of the authorisation provided for by this Decision, the labelling of feed containing or consisting of the GMO and products other than food and feed containing or consisting of the GMO for which authorisation is requested should be complemented by a clear indication that the products in question must not be used for cultivation.
(10) Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC(5), lays down in Article 4(6) labelling requirements for products containing or consisting of GMOs. Traceability requirements for products containing or consisting of GMOs are laid down in paragraphs 1 to 5 of Article 4 and for food and feed produced from GMOs are laid down in Article 5 of that Regulation.
(11) The authorisation holder should submit annual reports on the implementation and the results of the activities set out in the monitoring plan for environmental effects. Those results should be presented in accordance with Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council(6). The EFSA opinion does not justify the imposition of specific conditions or restrictions for the placing on the market and/or specific conditions or restrictions for the use and handling, including post-market monitoring requirements for the use of the food and feed, or of specific conditions for the protection of particular ecosystems/environment and/or geographical areas, as provided for in point (e) of Article 6(5) and Article 18(5) of Regulation (EC) No 1829/2003.
(12) All relevant information on the authorisation of the products should be entered in the Community register of genetically modified food and feed, as provided for in Regulation (EC) No 1829/2003.
(13) This Decision is to be notified through the Biosafety Clearing-House to the Parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, pursuant to Article 9(1) and Article 15(2)(c) of Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms(7).
(14) The applicant has been consulted on the measures provided for in this Decision.
(15) The Standing Committee on the Food Chain and Animal Health has not delivered an opinion within the time limit laid down by its Chair and the Commission therefore submitted to the Council a proposal relating to these measures.
(16) Since, at its meeting on 15 December 2011, the Council was unable to reach a decision by qualified majority either for or against the proposal and the Council indicated that its proceedings on this file were concluded, these measures are to be adopted by the Commission,
HAS ADOPTED THIS DECISION:

Genetically modified organism and unique identifier

Genetically modified cotton (Gossypium hirsutum) 281-24-236×3006-210-23, as specified in point (b) of the Annex to this Decision, is assigned the unique identifier DAS-24236-5xDAS-21Ø23-5, as provided for in Regulation (EC) No 65/2004.

Authorisation

The following products are authorised for the purposes of Article 4(2) and Article 16(2) of Regulation (EC) No 1829/2003 in accordance with the conditions set out in this Decision:
(a)
foods and food ingredients containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton;
(b)
feed containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton;
(c)
products other than food and feed containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton for the same uses as any other cotton with the exception of cultivation.

Labelling

1. For the purposes of the labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003 and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘cotton’.
2. The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton referred to in Article 2(b) and (c).

Monitoring for environmental effects

1. The authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the Annex, is put in place and implemented.
2. The authorisation holder shall submit to the Commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with Decision 2009/770/EC.

Community register

The information set out in the Annex to this Decision shall be entered in the Community register of genetically modified food and feed, as provided for in Article 28 of Regulation (EC) No 1829/2003.

Authorisation holder

The authorisation holder shall be Dow AgroSciences Europe, United Kingdom, representing Mycogen Seeds, United States.

Validity

This Decision shall apply for a period of 10 years from the date of its notification.

Addressee

This Decision is addressed to Dow AgroSciences Europe, European Development Centre, 3 Milton Park, Abingdon, Oxon OX14 4RN, United Kingdom.

(a)   Applicant and Authorisation holder

ANNEX
Name | : | Dow AgroSciences Europe
Address | : | European Development Centre, 3 Milton Park, Abingdon, Oxon OX14 4RN, United Kingdom(b) Designation and specification of the products

(1) | Foods and food ingredients containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton.
(2) | Feed containing, consisting of, or produced from DAS-24236-5xDAS-21Ø23-5 cotton.
(3) | Products other than food and feed containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton for the same uses as any other cotton with the exception of cultivation.The genetically modified DAS-24236-5xDAS-21Ø23-5 cotton (Gossypium hirsutum), as described in the application, expresses the Cry1Ac and Cry1F proteins which confer protection against certain lepidopteran pests and expresses PAT protein, used as a selectable marker, which confers tolerance to the glufosinate-ammonium herbicide.
(c) Labelling

(1) | For the purposes of the specific labelling requirements laid down in Article 13(1) and Article 25(2) of Regulation (EC) No 1829/2003, and in Article 4(6) of Regulation (EC) No 1830/2003, the ‘name of the organism’ shall be ‘cotton’.
(2) | The words ‘not for cultivation’ shall appear on the label of and in documents accompanying products containing or consisting of DAS-24236-5xDAS-21Ø23-5 cotton referred to in Article 2(b) and (c) of this Decision.(d) Method for detection

— | Event specific real-time PCR based method for the quantification of DAS-24236-5xDAS-21Ø23-5 cotton.
— | Validated on seeds by the Community reference laboratory established under Regulation (EC) No 1829/2003, published at https://irmm.jrc.ec.europa.eu/rmcatalogue
— | Reference Material: ERM®-BF422 accessible via the Joint Research Centre (JRC) of the European Commission, Institute for Reference Materials and Measurements (IRMM) at http://gmo-crl.jrc.ec.europa.eu/statusofdoss.htm(e) Unique identifier
DAS-24236-5xDAS-21Ø23-5
(f) Information required under Annex II to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity
Biosafety Clearing-House, Record ID: see [to be completed when notified].
(g) Conditions or restrictions on the placing on the market, use or handling of the products
Not required.
(h) Monitoring plan
Monitoring plan for environmental effects conforming with Annex VII to Directive 2001/18/EC.
[Link:plan published on the Internet]
(i) Post market monitoring requirements for the use of the food for human consumption
Not required.
Note:links to relevant documents may need to be modified over the time. Those modifications will be made available to the public via the updating of the Community register of genetically modified food and feed.

Pending: 32011D0874

January 16, 2026
23.12.2011 EN Official Journal of the European Union L 343/65
(1) Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movement of pet animals into the Union. Dogs, cats and ferrets are among the pet animals covered by that Regulation.
(2) Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of dogs, cats and ferrets. It provides that the import conditions for those animals are to be at least equivalent to those laid down in Regulation (EC) No 998/2003.
(3) The animal health requirements governing such imports and non-commercial movements differ depending on the rabies situation in the third country of origin and on the Member State of destination.
(4) Regulation (EC) No 998/2003 provides that dogs, cats and ferrets entering Member States other than Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated against rabies, while those entering from other third countries are also to be subjected to a pre-entry rabies blood testing.
(5) Regulation (EC) No 998/2003 provides that until 31 December 2011, dogs, cats and ferrets entering Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated and subject to a pre-entry rabies blood testing in accordance with national rules, while those coming from other third countries are to be placed in post-arrival quarantine in accordance with national rules.
(6) Regulation (EC) No 998/2003 also provides that until 31 December 2011, Finland, Ireland, Malta, Sweden and the United Kingdom, as regards echinococcosis, and Ireland, Malta and the United Kingdom as regards ticks, may make the entry of dogs, cats and ferrets into their territory subject to compliance with certain additional national requirements.
(7) Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control ofEchinococcus multilocularisinfection in dogs(3), was adopted in order to ensure the continuous health protection of Ireland, Malta, Finland and the United Kingdom fromEchinococcus multilocularis. It is to apply from 1 January 2012.
(8) Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets(4)provides that imports of those animals are to be authorised from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(5). Decision 2004/595/EC also provides that such animals are to be accompanied by a certificate in accordance with the model set out in the Annex thereto.
(9) The model set out in the Annex to Decision 2004/595/EC is an individual certificate to be issued for the entry into Member States of each dog, cat or ferret coming from a third country listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003.
(10) While that certificate is sufficient for the entry into Member States other than Ireland, Sweden and the United Kingdom of those animals coming from third countries listed in Annex II to Regulation (EU) No 206/2010, it is not accepted for such animals destined for Ireland, Sweden and the United Kingdom where they are placed in post-arrival quarantine in accordance with national legislation.
(11) Taking into account the problems encountered by certain importers with the use of the individual model certificate laid down in Decision 2004/595/EC, it is necessary to replace that model certificate by one that may cover a consignment consisting of more than one animal.
(12) Pursuant to Article 12 of Regulation (EC) No 998/2003 and to Commission Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement(6), non-commercial movements into the Union of more than five dogs, cats or ferrets from a third country are to comply with the animal health requirements and checks laid down in Directive 92/65/EEC.
(13) Taking into account the fact that the risks posed by imports of dogs, cats and ferrets and by non-commercial movements into the Union of more than five of those animals are not different, it is appropriate to establish a common health certificate for imports into the Union of such animals and for non-commercial movements of more than five of those animals from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Regulation (EU) No 206/2010.
(14) In the interests of consistency and simplification of Union legislation, the model health certificates for imports into the Union of dogs, cats and ferrets should take account of the requirements of Commission Decision 2007/240/EC(7), which provides that the various veterinary, public and animal health certificates required for imports into the Union of live animals are to be based on the standard models for veterinary certificates set out in Annex I thereto.
(15) Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community(8)establishes a model certificate for non-commercial movements of those animals into Member States other than Ireland, Sweden and the United Kingdom from third countries. That model certificate may also be used for the entry into those three Member States where such animals come from countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003. In addition, this certificate is to be issued individually for the entry into Member States of each dog, cat or ferret.
(16) In accordance with Article 8(2) of Regulation (EC) No 998/2003, pet animals are to be accompanied by a passport in accordance with the model laid down in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets(9)when they enter a Member State, after temporary movement from a Member State to a third country or territory.
(17) In accordance with point (a) of Article 8(3) of Regulation (EC) No 998/2003, pet animals coming from the countries and territories listed in Section 2 of Part B of Annex II thereto, for which it has been established that such countries and territories apply rules at least equivalent to Union rules for movements from third countries, are to be subject to the rules laid down for the non-commercial movement of dogs, cats and ferrets between Member States.
(18) It is appropriate that this Decision should apply without prejudice to Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community(10)which gives the Member States the possibility to authorise the movement into their territory of dogs and cats less than 3 months of age and not vaccinated against rabies from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 under conditions equivalent to those laid down in Article 5(2) of that Regulation.
(19) In order to facilitate the access to multilingual certificates, the health certificate required for non-commercial movements into the Union of five or less dogs, cats or ferrets should be based on the standard models laid down in Decision 2007/240/EC.
(20) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(11)lays down the rules to be observed in issuing the certificates required by veterinary legislation to prevent misleading or fraudulent certification. It is appropriate to ensure that rules and principles at least equivalent to those laid down in that Directive are applied by official veterinarians of third countries.
(21) It is appropriate to introduce a transitional period to allow Member States to take the necessary measures to comply with the requirements laid down in this Decision.
(22) Decisions 2004/595/EC and 2004/824/EC should be repealed accordingly.
(23) 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) the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets, in accordance with Directive 92/65/EEC, and the health certificate for such imports and non-commercial movements;
(b) the health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets, in accordance with Regulation (EC) No 998/2003.
(a) either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or
(b) listed in Part 1 of Annex II to Regulation (EU) No 206/2010.
(a) be accompanied by a health certificate drawn up in accordance with the model set out in Annex I and completed by an official veterinarian with due account of the notes for guidance in Part II of that certificate;
(b) comply with the requirements of the health certificate set out in Annex I for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.
(a) either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or
(b) not listed in Annex II to Regulation (EC) No 998/2003.
(a) be accompanied by a health certificate drawn up in accordance with the model set out in Annex II and issued by an official veterinarian with due account of the notes for guidance in Part II of that certificate;
(b) comply with the requirements of the health certificate set out in Annex II for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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(1), and in particular the introductory phrase and point (b) of Article 17(2) and point (a) of Article 17(3) thereof,
Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC(2), and in particular Article 8(4) thereof,
(1) Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movement of pet animals into the Union. Dogs, cats and ferrets are among the pet animals covered by that Regulation.
(2) Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of dogs, cats and ferrets. It provides that the import conditions for those animals are to be at least equivalent to those laid down in Regulation (EC) No 998/2003.
(3) The animal health requirements governing such imports and non-commercial movements differ depending on the rabies situation in the third country of origin and on the Member State of destination.
(4) Regulation (EC) No 998/2003 provides that dogs, cats and ferrets entering Member States other than Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated against rabies, while those entering from other third countries are also to be subjected to a pre-entry rabies blood testing.
(5) Regulation (EC) No 998/2003 provides that until 31 December 2011, dogs, cats and ferrets entering Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated and subject to a pre-entry rabies blood testing in accordance with national rules, while those coming from other third countries are to be placed in post-arrival quarantine in accordance with national rules.
(6) Regulation (EC) No 998/2003 also provides that until 31 December 2011, Finland, Ireland, Malta, Sweden and the United Kingdom, as regards echinococcosis, and Ireland, Malta and the United Kingdom as regards ticks, may make the entry of dogs, cats and ferrets into their territory subject to compliance with certain additional national requirements.
(7) Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control ofEchinococcus multilocularisinfection in dogs(3), was adopted in order to ensure the continuous health protection of Ireland, Malta, Finland and the United Kingdom fromEchinococcus multilocularis. It is to apply from 1 January 2012.
(8) Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets(4)provides that imports of those animals are to be authorised from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(5). Decision 2004/595/EC also provides that such animals are to be accompanied by a certificate in accordance with the model set out in the Annex thereto.
(9) The model set out in the Annex to Decision 2004/595/EC is an individual certificate to be issued for the entry into Member States of each dog, cat or ferret coming from a third country listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003.
(10) While that certificate is sufficient for the entry into Member States other than Ireland, Sweden and the United Kingdom of those animals coming from third countries listed in Annex II to Regulation (EU) No 206/2010, it is not accepted for such animals destined for Ireland, Sweden and the United Kingdom where they are placed in post-arrival quarantine in accordance with national legislation.
(11) Taking into account the problems encountered by certain importers with the use of the individual model certificate laid down in Decision 2004/595/EC, it is necessary to replace that model certificate by one that may cover a consignment consisting of more than one animal.
(12) Pursuant to Article 12 of Regulation (EC) No 998/2003 and to Commission Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement(6), non-commercial movements into the Union of more than five dogs, cats or ferrets from a third country are to comply with the animal health requirements and checks laid down in Directive 92/65/EEC.
(13) Taking into account the fact that the risks posed by imports of dogs, cats and ferrets and by non-commercial movements into the Union of more than five of those animals are not different, it is appropriate to establish a common health certificate for imports into the Union of such animals and for non-commercial movements of more than five of those animals from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Regulation (EU) No 206/2010.
(14) In the interests of consistency and simplification of Union legislation, the model health certificates for imports into the Union of dogs, cats and ferrets should take account of the requirements of Commission Decision 2007/240/EC(7), which provides that the various veterinary, public and animal health certificates required for imports into the Union of live animals are to be based on the standard models for veterinary certificates set out in Annex I thereto.
(15) Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community(8)establishes a model certificate for non-commercial movements of those animals into Member States other than Ireland, Sweden and the United Kingdom from third countries. That model certificate may also be used for the entry into those three Member States where such animals come from countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003. In addition, this certificate is to be issued individually for the entry into Member States of each dog, cat or ferret.
(16) In accordance with Article 8(2) of Regulation (EC) No 998/2003, pet animals are to be accompanied by a passport in accordance with the model laid down in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets(9)when they enter a Member State, after temporary movement from a Member State to a third country or territory.
(17) In accordance with point (a) of Article 8(3) of Regulation (EC) No 998/2003, pet animals coming from the countries and territories listed in Section 2 of Part B of Annex II thereto, for which it has been established that such countries and territories apply rules at least equivalent to Union rules for movements from third countries, are to be subject to the rules laid down for the non-commercial movement of dogs, cats and ferrets between Member States.
(18) It is appropriate that this Decision should apply without prejudice to Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community(10)which gives the Member States the possibility to authorise the movement into their territory of dogs and cats less than 3 months of age and not vaccinated against rabies from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 under conditions equivalent to those laid down in Article 5(2) of that Regulation.
(19) In order to facilitate the access to multilingual certificates, the health certificate required for non-commercial movements into the Union of five or less dogs, cats or ferrets should be based on the standard models laid down in Decision 2007/240/EC.
(20) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(11)lays down the rules to be observed in issuing the certificates required by veterinary legislation to prevent misleading or fraudulent certification. It is appropriate to ensure that rules and principles at least equivalent to those laid down in that Directive are applied by official veterinarians of third countries.
(21) It is appropriate to introduce a transitional period to allow Member States to take the necessary measures to comply with the requirements laid down in this Decision.
(22) Decisions 2004/595/EC and 2004/824/EC should be repealed accordingly.
(23) 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 establishes:
(a)
the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets, in accordance with Directive 92/65/EEC, and the health certificate for such imports and non-commercial movements;
(b)
the health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets, in accordance with Regulation (EC) No 998/2003.
2. This Decision shall apply without prejudice to Decision 2004/839/EC.

Third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets and the health certificate for such imports and non-commercial movements
Article 2
1. Member States shall authorise imports of consignments of dogs, cats and ferrets and non-commercial movements into the Union of more than five dogs, cats or ferrets provided that the third countries or territories they come from and any third countries or territories they transit are:
(a)
either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or
(b)
listed in Part 1 of Annex II to Regulation (EU) No 206/2010.
2. Dogs, cats and ferrets, as referred to in paragraph 1, shall:
(a)
be accompanied by a health certificate drawn up in accordance with the model set out in Annex I and completed by an official veterinarian with due account of the notes for guidance in Part II of that certificate;
(b)
comply with the requirements of the health certificate set out in Annex I for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.

Health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets
Article 3
1. Member States shall authorise the non-commercial movement of five or less dogs, cats or ferrets into their territory provided that they come from or transit through third countries or territories which are:
(a)
either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or
(b)
not listed in Annex II to Regulation (EC) No 998/2003.
2. Dogs, cats, and ferrets, as referred to in paragraph 1, shall:
(a)
be accompanied by a health certificate drawn up in accordance with the model set out in Annex II and issued by an official veterinarian with due account of the notes for guidance in Part II of that certificate;
(b)
comply with the requirements of the health certificate set out in Annex II for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.

Transitional provisions
Article 4
For a transitional period until 30 June 2012, Member States shall authorise imports and non-commercial movements into the Union of dogs, cats and ferrets which are accompanied by a veterinary certificate issued not later than 29 February 2012 in accordance with the models set out in the Annex respectively to Decisions 2004/595/EC and 2004/824/EC.

Repeals
Article 5
Decisions 2004/595/EC and 2004/824/EC are repealed.

Applicability
Article 6
This Decision shall apply from 1 January 2012.

Addressees
Article 7
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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(1), and in particular the introductory phrase and point (b) of Article 17(2) and point (a) of Article 17(3) thereof,
Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC(2), and in particular Article 8(4) thereof,
(1) Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movement of pet animals into the Union. Dogs, cats and ferrets are among the pet animals covered by that Regulation.
(2) Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of dogs, cats and ferrets. It provides that the import conditions for those animals are to be at least equivalent to those laid down in Regulation (EC) No 998/2003.
(3) The animal health requirements governing such imports and non-commercial movements differ depending on the rabies situation in the third country of origin and on the Member State of destination.
(4) Regulation (EC) No 998/2003 provides that dogs, cats and ferrets entering Member States other than Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated against rabies, while those entering from other third countries are also to be subjected to a pre-entry rabies blood testing.
(5) Regulation (EC) No 998/2003 provides that until 31 December 2011, dogs, cats and ferrets entering Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated and subject to a pre-entry rabies blood testing in accordance with national rules, while those coming from other third countries are to be placed in post-arrival quarantine in accordance with national rules.
(6) Regulation (EC) No 998/2003 also provides that until 31 December 2011, Finland, Ireland, Malta, Sweden and the United Kingdom, as regards echinococcosis, and Ireland, Malta and the United Kingdom as regards ticks, may make the entry of dogs, cats and ferrets into their territory subject to compliance with certain additional national requirements.
(7) Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control ofEchinococcus multilocularisinfection in dogs(3), was adopted in order to ensure the continuous health protection of Ireland, Malta, Finland and the United Kingdom fromEchinococcus multilocularis. It is to apply from 1 January 2012.
(8) Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets(4)provides that imports of those animals are to be authorised from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(5). Decision 2004/595/EC also provides that such animals are to be accompanied by a certificate in accordance with the model set out in the Annex thereto.
(9) The model set out in the Annex to Decision 2004/595/EC is an individual certificate to be issued for the entry into Member States of each dog, cat or ferret coming from a third country listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003.
(10) While that certificate is sufficient for the entry into Member States other than Ireland, Sweden and the United Kingdom of those animals coming from third countries listed in Annex II to Regulation (EU) No 206/2010, it is not accepted for such animals destined for Ireland, Sweden and the United Kingdom where they are placed in post-arrival quarantine in accordance with national legislation.
(11) Taking into account the problems encountered by certain importers with the use of the individual model certificate laid down in Decision 2004/595/EC, it is necessary to replace that model certificate by one that may cover a consignment consisting of more than one animal.
(12) Pursuant to Article 12 of Regulation (EC) No 998/2003 and to Commission Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement(6), non-commercial movements into the Union of more than five dogs, cats or ferrets from a third country are to comply with the animal health requirements and checks laid down in Directive 92/65/EEC.
(13) Taking into account the fact that the risks posed by imports of dogs, cats and ferrets and by non-commercial movements into the Union of more than five of those animals are not different, it is appropriate to establish a common health certificate for imports into the Union of such animals and for non-commercial movements of more than five of those animals from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Regulation (EU) No 206/2010.
(14) In the interests of consistency and simplification of Union legislation, the model health certificates for imports into the Union of dogs, cats and ferrets should take account of the requirements of Commission Decision 2007/240/EC(7), which provides that the various veterinary, public and animal health certificates required for imports into the Union of live animals are to be based on the standard models for veterinary certificates set out in Annex I thereto.
(15) Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community(8)establishes a model certificate for non-commercial movements of those animals into Member States other than Ireland, Sweden and the United Kingdom from third countries. That model certificate may also be used for the entry into those three Member States where such animals come from countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003. In addition, this certificate is to be issued individually for the entry into Member States of each dog, cat or ferret.
(16) In accordance with Article 8(2) of Regulation (EC) No 998/2003, pet animals are to be accompanied by a passport in accordance with the model laid down in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets(9)when they enter a Member State, after temporary movement from a Member State to a third country or territory.
(17) In accordance with point (a) of Article 8(3) of Regulation (EC) No 998/2003, pet animals coming from the countries and territories listed in Section 2 of Part B of Annex II thereto, for which it has been established that such countries and territories apply rules at least equivalent to Union rules for movements from third countries, are to be subject to the rules laid down for the non-commercial movement of dogs, cats and ferrets between Member States.
(18) It is appropriate that this Decision should apply without prejudice to Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community(10)which gives the Member States the possibility to authorise the movement into their territory of dogs and cats less than 3 months of age and not vaccinated against rabies from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 under conditions equivalent to those laid down in Article 5(2) of that Regulation.
(19) In order to facilitate the access to multilingual certificates, the health certificate required for non-commercial movements into the Union of five or less dogs, cats or ferrets should be based on the standard models laid down in Decision 2007/240/EC.
(20) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(11)lays down the rules to be observed in issuing the certificates required by veterinary legislation to prevent misleading or fraudulent certification. It is appropriate to ensure that rules and principles at least equivalent to those laid down in that Directive are applied by official veterinarians of third countries.
(21) It is appropriate to introduce a transitional period to allow Member States to take the necessary measures to comply with the requirements laid down in this Decision.
(22) Decisions 2004/595/EC and 2004/824/EC should be repealed accordingly.
(23) 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

1. This Decision establishes:
(a)
the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets, in accordance with Directive 92/65/EEC, and the health certificate for such imports and non-commercial movements;
(b)
the health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets, in accordance with Regulation (EC) No 998/2003.
2. This Decision shall apply without prejudice to Decision 2004/839/EC.

Third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets and the health certificate for such imports and non-commercial movements

1. Member States shall authorise imports of consignments of dogs, cats and ferrets and non-commercial movements into the Union of more than five dogs, cats or ferrets provided that the third countries or territories they come from and any third countries or territories they transit are:
(a)
either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or
(b)
listed in Part 1 of Annex II to Regulation (EU) No 206/2010.
2. Dogs, cats and ferrets, as referred to in paragraph 1, shall:
(a)
be accompanied by a health certificate drawn up in accordance with the model set out in Annex I and completed by an official veterinarian with due account of the notes for guidance in Part II of that certificate;
(b)
comply with the requirements of the health certificate set out in Annex I for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.

Health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets

1. Member States shall authorise the non-commercial movement of five or less dogs, cats or ferrets into their territory provided that they come from or transit through third countries or territories which are:
(a)
either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or
(b)
not listed in Annex II to Regulation (EC) No 998/2003.
2. Dogs, cats, and ferrets, as referred to in paragraph 1, shall:
(a)
be accompanied by a health certificate drawn up in accordance with the model set out in Annex II and issued by an official veterinarian with due account of the notes for guidance in Part II of that certificate;
(b)
comply with the requirements of the health certificate set out in Annex II for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.

Transitional provisions

For a transitional period until 30 June 2012, Member States shall authorise imports and non-commercial movements into the Union of dogs, cats and ferrets which are accompanied by a veterinary certificate issued not later than 29 February 2012 in accordance with the models set out in the Annex respectively to Decisions 2004/595/EC and 2004/824/EC.

Repeals

Decisions 2004/595/EC and 2004/824/EC are repealed.

Applicability

This Decision shall apply from 1 January 2012.

Addressees

This Decision is addressed to the Member States.
ANNEX I

Part I: Details of dispatched consignment
COUNTRY
Veterinary certificate to EU
I.1. Consignor
Name
Address
Tel.
I.2. Certificate reference No
I.2.a.
I.3. Central competent authority
I.4. Local competent authority
I.5. Consignee
Name
Address
Postal code
Tel.
I.6. I.7. Country of origin
ISO code
I.8. I.9. Country of destination
ISO code
I.10. Region of destination
Code
I.11. Place of origin
Name
Approval number
Address
Name
Approval number
Address
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)
010619
I.20. Quantity
I.21. I.22. Number of packages
I.23. Seal/Container No
I.24. I.25. Commodities certified for:
Pets
Approved bodies
I.26. I.27. For import or admission into EU
I.28. Identification of the commodities
Species
(Scientific name)
Identification system
Date of application of the microchip or tattoo
[dd/mm/yyyy]
Identification number
Date of birth
[dd/mm/yyyy]

Part II: Certification
COUNTRY
Imports of dogs, cats, ferrets and non-commercial movements into the Union of more than five dogs, cats or ferrets
II. Health information
II.a. Certificate reference No
II.b.
I, the undersigned official veterinarian of … (insert name of third country) certify that:
II.1. the clinical examination carried out on each of the animals within 24 hours of scheduled dispatch by a veterinarian authorised by the competent authority showed the animals to be fit to be transported on the intended journey at the time of inspection;
II.2. at least 21 days have elapsed since the completion of the primary vaccination against rabies (1) carried out in accordance with the requirements set out in Annex Ib to Regulation (EC) No 998/2003 and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (2) and details of the current vaccination are provided in the table in point II.4. (3) either [II.3. the animals come from a third country or territory listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003;]
(3) or [II.3. the animals come from, and if transiting another third country or territory, are scheduled to transit through, a third country or territory listed in Part 1 of Annex II to Commission Regulation (EU) No 206/2010 and since the dates indicated in the table in point II.4, when blood samples were taken not earlier than 30 days after vaccination from each of the animals by a veterinarian authorised by the competent authority which subsequently proved antibody titres equal to or greater than 0,5 IU/ml in a virus neutralisation test for rabies carried out in an approved laboratory (4)(5) at least 3 months have elapsed and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (2);]
II.4. the details of the current anti-rabies vaccination and the date of sampling are the following:
Microchip or tattoo number of the animal
Date of vaccination
[dd/mm/yyyy]
Name and manufacturer of vaccine
Batch number
Validity
[dd/mm/yyyy]
Date of the blood sample
[dd/mm/yyyy]
From
To
(3) either [II.5. the dogs have not been treated against Echinococcus multilocularis;]
(3) or [II.5. the dogs have been treated against Echinococcus multilocularis and the details of the treatment are documented in the table in point II.6;]
II.6. the details of the treatment carried out by the administering veterinarian in accordance with Article 7 of Commission Delegated Regulation (EU) No 1152/2011 (6) are the following:
Microchip or tattoo number of the dog
Anti-echinococcus treatment
Administering veterinarian
Name and manufacturer of the product
Date [dd/mm/yyyy] and time of treatment [00:00]
Name (in capital), stamp and signature
(7) (8) (8) (8) (8) Notes:
(a) The original of each certificate shall consist of a single sheet of paper, or, where more text is required it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.
(b) The certificate shall be drawn up in at least one of the official languages of the Member State of the border inspection post of introduction of the consignment into the Union and of the Member State of destination. However, those Member States may authorise the certificate to be drawn up in the official language of another Member State, and accompanied, if necessary, by an official translation.

COUNTRY
Imports of dogs, cats, ferrets and non-commercial movements into the Union of more than five dogs, cats or ferrets
II. Health information
II.a. Certificate reference No
II.b.
(c) If for reasons of identification of the items of the consignment (schedule in point I.28), additional sheets of paper or supporting documents are attached to the certificate, those sheets of paper or document shall also be considered as forming part of the original of the certificate by the application of the signature and stamp of the official veterinarian, on each of the pages.
(d) When the certificate, including additional schedules referred to in (c), comprises more than one page, each page shall be numbered, (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority at the top of the pages.
(e) The certificate shall be valid for 10 days from the date of issue by the official veterinarian, except for a non-commercial movement into the Union of more than five dogs, cats and ferrets in which case the certificate is valid for the purpose of further movements within the Union, for a total of 4 months from the date of issue of this certificate or until the date of expiry of the anti-rabies vaccination, whichever date is earlier.
(f) The competent authorities of the exporting third country or territory shall ensure that rules and principles of certification equivalent to those laid down in Directive 96/93/EC are followed.
Part I:
Box I.11: Place of origin: name and address of the dispatch establishment. Indicate approval or registration number
Box I.28: Identification system: select of the following: microchip or tattoo
Date of application of the microchip or tattoo: the tattoo must be clearly readable and applied before 3 July 2011
Identification number: indicate the microchip or tattoo number
Date of birth: indicate only if known
Part II:
(1) Any revaccination must be considered a primary vaccination if it was not carried out within the period of validity of a previous vaccination.
(2) A certified copy of the identification and vaccination details of the animals concerned shall be attached to the certificate.
(3) Keep as appropriate. Where the certificate states that certain statements shall be kept as appropriate, statements which are not relevant may be crossed out and initialled and stamped by the official veterinarian, or completely deleted from the certificate.
(4) The rabies antibody test referred to in point II.3:
— must be carried out on a sample collected by a veterinarian authorised by the competent authority, at least 30 days after the date of vaccination and 3 months before the date of import,
— must measure a level of neutralising antibody to rabies virus in serum equal to or greater than 0,5 IU/ml,
— must be performed by a laboratory approved in accordance with Article 3 of Council Decision 2000/258/EC designating a specific institute responsible for establishing criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (list of approved laboratories available at http://ec.europa.eu/food/animal/liveanimals/pets/approval_en.htm),
— needs not be renewed on an animal, which following that test with satisfactory results, has been revaccinated against rabies within the period of validity of a previous vaccination.
(5) A certified copy of the official report from the approved laboratory on the results of the rabies antibody tests referred to in point II.3 shall be attached to the certificate.
(6) The treatment against Echinococcus multilocularis referred to in point II.5 must:
— be administered by a veterinarian within a period of not more than 120 hours and not less than 24 hours before the time of the scheduled entry of the dogs into one of the Member States or parts thereof listed in Annex I to Regulation (EU) No 1152/2011,
— consist of an approved medicinal product which contains the appropriate dose of praziquantel or pharmacologically active substances, which alone or in combination, have been proven to reduce the burden of mature and immature intestinal forms of Echinococcus multilocularis in the host species concerned.

COUNTRY
Imports of dogs, cats, ferrets and non-commercial movements into the Union of more than five dogs, cats or ferrets
II. Health information
II.a. Certificate reference No
II.b.
(7) This date must precede the date the certificate was signed.
(8) This information may be entered after the date the certificate was signed for the purpose described in point (e) of the Notes and in conjunction with footnote 6. The signature and the stamp must be in a different colour to that of the printing.
Official veterinarian
Name (in capital letters):
Qualification and title:
Date:
Signature:
Stamp:

ANNEX II

Part I: Details of dispatched consignment
COUNTRY
Veterinary certificate to EU
I.1. Consignor
Name
Address
Tel.
I.2. Certificate reference No
I.2.a.
I.3. Central competent authority
I.4. Local competent authority
I.5. Consignee
Name
Address
Postal code
Tel.
I.6. I.7. Country of origin
ISO code
I.8. I.9. I.10. I.11. I.12. I.13. I.14. I.15. I.16. I.17. No(s) of CITES
I.18. Description of commodity
I.19. Commodity code (HS code)
010619
I.20. Quantity
I.21. I.22. I.23. I.24. I.25. Commodities certified for:
Pets
I.26. I.27. I.28. Identification of the commodities
Species
(Scientific name)
Identification system
Date of application of the microchip or tattoo
[dd/mm/yyyy]
Identification number
Date of birth
[dd/mm/yyyy]

Part II: Certification
COUNTRY
Non-commercial movement of five or less dogs, cats or ferrets
II. Health information
II.a. Certificate reference No
II.b.
I, the undersigned official veterinarian of … (insert name of third country) certify that:
II.1. based on the declaration in point II.7, the animals satisfy the definition of ‘pet animals’ as provided for in point (a) of Article 3 of Regulation (EC) No 998/2003;
II.2. at least 21 days have elapsed since the completion of the primary vaccination against rabies (1) carried out in accordance with the requirements set out in Annex Ib to Regulation (EC) No 998/2003 and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (2) and details of the current vaccination are provided in the table in point II.4. (3) either [II.3. the animals come from a third country or territory listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003;]
(3) or [II.3. the animals come from or are scheduled to transit through a third country or territory not listed in Annex II to Regulation (EC) No 998/2003 and since the dates indicated in the table in point II.4 when blood samples were taken not earlier than 30 days after vaccination from each of the animals by a veterinarian authorised by the competent authority which subsequently proved antibody titres equal to or greater than 0,5 IU/ml in a virus neutralisation test for rabies carried out in an approved laboratory (4)(5) at least 3 months have elapsed and any subsequent revaccination was carried out within the period of validity of the preceding vaccination (2);]
II.4. the details of the current anti-rabies vaccination and the date of sampling are the following:
Microchip or tattoo number of the animal
Date of vaccination
[dd/mm/yyyy]
Name and manufacturer of vaccine
Batch number
Validity
[dd/mm/yyyy]
Date of the blood sample
[dd/mm/yyyy]
From
To
(3) either [II.5. the dogs have not been treated against Echinococcus multilocularis;]
(3) or [II.5. the dogs have been treated against Echinococcus multilocularis and the details of the treatment are documented in the table in point II.6;]
II.6. the details of the treatment carried out by the administering veterinarian in accordance with Article 7 of Commission Delegated Regulation (EU) No 1152/2011 (6) are the following:
Microchip or tattoo number of the dog
Anti-echinococcus treatment
Administering veterinarian
Name and manufacturer of the product
Date [dd/mm/yyyy] and time of treatment [00:00]
Name (in capital), stamp and signature
(7) (8) (8) (8) (8) II.7. I have a written declaration signed by the owner or the natural person responsible for the animals on behalf of the owner, stating that:

COUNTRY
Non-commercial movement of five or less dogs, cats or ferrets
II. Health information
II.a. Certificate reference No
II.b.
DECLARATION
I, the undersigned … [owner or the natural person responsible for the animals described above on behalf of the owner]
declare that the animals will accompany me, the owner, or the natural person that I have designated to be responsible of the animals on my behalf and are not intended to be sold or transferred to another owner.
Place and date:
Signature:
Notes
(a) The original of each certificate shall consist of a single sheet of paper, or, where more text is required it must be in such a form that all sheets of paper required are part of an integrated whole and indivisible.
(b) The certificate shall be drawn up at least in the language of the Member State of entry and in English. It shall be completed in block letters in the language of the Member State of entry or in English.
(c) If additional sheets of paper or supporting documents are attached to the certificate, those sheets of paper or document shall also be considered as forming part of the original of the certificate by the application of the signature and stamp of the official veterinarian, on each of the pages.
(d) When the certificate, including additional sheets referred to in (c), comprises more than one page, each page shall be numbered, (page number) of (total number of pages), at the end of the page and shall bear the certificate reference number that has been designated by the competent authority at the top of the pages.
(e) The certificate is valid for 10 days from the date of issue by the official veterinarian until the date of the checks at the EU travellers’ point of entry and for the purpose of further movements within the Union, for a total of 4 months from the date of issue of this certificate or until the date of expiry of the anti-rabies vaccination, whichever date is earlier.
(f) The competent authorities of the exporting third country or territory shall ensure that rules and principles of certification equivalent to those laid down in Directive 96/93/EC are followed.
Part I:
Box I.11: Place of origin: name and address of the dispatch establishment. Indicate approval or registration number
Box I.28: Identification system: select of the following: microchip or tattoo
Date of application of the microchip or tattoo: the tattoo must be clearly readable and applied before 3 July 2011
Identification number: indicate the microchip or tattoo number
Date of birth: indicate only if known
Part II:
(1) Any revaccination must be considered a primary vaccination if it was not carried out within the period of validity of a previous vaccination.
(2) A certified copy of the identification and vaccination details of the animals concerned shall be attached to the certificate.
(3) Keep as appropriate. Where the certificate states that certain statements shall be kept as appropriate, statements which are not relevant may be crossed out and initialled and stamped by the official veterinarian, or completely deleted from the certificate.

COUNTRY
Non-commercial movement of five or less dogs, cats or ferrets
II. Health information
II.a. Certificate reference No
II.b.
(4) The rabies antibody test referred to in point II.3:
— must be carried out on a sample collected by a veterinarian authorised by the competent authority, at least 30 days after the date of vaccination and 3 months before the date of import,
— must measure a level of neutralising antibody to rabies virus in serum equal to or greater than 0,5 IU/ml,
— must be performed by a laboratory approved in accordance with Article 3 of Council Decision 2000/258/EC designating a specific institute responsible for establishing criteria necessary for standardising the serological tests to monitor the effectiveness of rabies vaccines (list of approved laboratories available at http://ec.europa.eu/food/animal/liveanimals/pets/approval_en.htm),
— needs not be renewed on an animal, which following that test with satisfactory results, has been revaccinated against rabies within the period of validity of a previous vaccination.
(5) A certified copy of the official report from the approved laboratory on the results of the rabies antibody tests referred to in point II.3 shall be attached to the certificate.
(6) The treatment against Echinococcus multilocularis referred to in point II.5 must:
— be administered by a veterinarian within a period of not more than 120 hours and not less than 24 hours before the time of the scheduled entry of the dogs into one of the Member States or parts thereof listed in Annex I to Regulation (EU) No 1152/2011,
— consist of an approved medicinal product which contains the appropriate dose of praziquantel or pharmacologically active substances, which alone or in combination, have been proven to reduce the burden of mature and immature intestinal forms of Echinococcus multilocularis in the host species concerned.
(7) This date must precede the date the certificate was signed.
(8) This information may be entered after the date the certificate was signed for the purpose described in point (e) of the Notes and in conjunction with footnote 6. The signature and the stamp must be in a different colour to that of the printing.
Official veterinarian
Name (in capital letters):
Qualification and title:
Date:
Signature:
Stamp: