Pending: 32003D0541

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(1), as last amended by Commission Decision 2002/160/EC(2), and in particular Article 12(2), Article 13(2), Articles 14, 15, 16 and Article 19(i) thereof,Whereas:(1) Commission Decision 92/260/EEC(3), as last amended by Decision 2002/635/EC(4), lays down the animal health conditions and veterinary certification for temporary admission of registered horses.(2) Commission Decision 93/197/EEC(5), as last amended by Decision 2002/841/EC(6), lays down the animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production.(3) Annex I to Commission Decision 97/10/EC of 12 December 1996 amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa(7), as last amended by Decision 2001/622/EC(8), provides for additional guarantees which apply to the regionalisation of South Africa for imports of registered horses into the European Union.(4) Those additional guarantees require a specific period of residence of registered horses within the African horse sickness-free zone and lay down conditions under which the registered horses intended for transport by air to the European Union must be transported to the airport situated in the surveillance zone under vector-protected conditions.(5) Taking into account the required isolation in an approved and vector-protected quarantine station, it appears justified to require the same minimum residence period in the African horse sickness-free zone for registered horses temporarily admitted and imported into the European Union.(6) Due to changes in the schedules of airlines, the transport of registered horses in standard cargo aircraft appears to be impossible, leaving the transport of registered horses by sea the only realistic alternative.(7) It is necessary to lay down the conditions under which registered horses may be transported without compromising the health status of those animals during the journey by sea from the port of Cape Town situated in the free zone to a harbour in the European Union approved as border inspection post in accordance with 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(9), as last amended by Directive 96/43/EC(10).(8) Decisions 92/260/EEC, 93/197/EEC and 97/10/EC should be amended accordingly.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
In Annex II to Decision 92/260/EEC the animal health certificate F is replaced by the text in Annex I to this Decision.

Article 2
In Annex II to Decision 93/197/EEC the animal health certificate F is replaced by the text in Annex II to this Decision.

Article 3
Decision 97/10/EC is amended as follows:
1. Annex I is amended in accordance with Annex III to this Decision.
2. The text in Annex IV to this Decision is added as Annex IV.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 17 July 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 53, 23.2.2002, p. 37.
(3) OJ L 130, 15.5.1992, p. 67.
(4) OJ L 206, 3.8.2002, p. 20.
(5) OJ L 86, 6.4.1993, p. 16.
(6) OJ L 287, 25.10.2002, p. 42.
(7) OJ L 3, 7.1.1997, p. 9.
(8) OJ L 216, 10.8.2001, p. 26.
(9) OJ L 268, 24.9.1991, p. 56.
(10) OJ L 162, 1.7.1996, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and imports from third countries of equidae(1), as last amended by Commission Decision 2002/160/EC(2), and in particular Article 12(2), Article 13(2), Articles 14, 15, 16 and Article 19(i) thereof,Whereas:(1) Commission Decision 92/260/EEC(3), as last amended by Decision 2002/635/EC(4), lays down the animal health conditions and veterinary certification for temporary admission of registered horses.(2) Commission Decision 93/197/EEC(5), as last amended by Decision 2002/841/EC(6), lays down the animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production.(3) Annex I to Commission Decision 97/10/EC of 12 December 1996 amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa(7), as last amended by Decision 2001/622/EC(8), provides for additional guarantees which apply to the regionalisation of South Africa for imports of registered horses into the European Union.(4) Those additional guarantees require a specific period of residence of registered horses within the African horse sickness-free zone and lay down conditions under which the registered horses intended for transport by air to the European Union must be transported to the airport situated in the surveillance zone under vector-protected conditions.(5) Taking into account the required isolation in an approved and vector-protected quarantine station, it appears justified to require the same minimum residence period in the African horse sickness-free zone for registered horses temporarily admitted and imported into the European Union.(6) Due to changes in the schedules of airlines, the transport of registered horses in standard cargo aircraft appears to be impossible, leaving the transport of registered horses by sea the only realistic alternative.(7) It is necessary to lay down the conditions under which registered horses may be transported without compromising the health status of those animals during the journey by sea from the port of Cape Town situated in the free zone to a harbour in the European Union approved as border inspection post in accordance with 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(9), as last amended by Directive 96/43/EC(10).(8) Decisions 92/260/EEC, 93/197/EEC and 97/10/EC should be amended accordingly.(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
In Annex II to Decision 92/260/EEC the animal health certificate F is replaced by the text in Annex I to this Decision.
In Annex II to Decision 93/197/EEC the animal health certificate F is replaced by the text in Annex II to this Decision.
Decision 97/10/EC is amended as follows:
1. Annex I is amended in accordance with Annex III to this Decision.
2. The text in Annex IV to this Decision is added as Annex IV.
This Decision is addressed to the Member States.
Done at Brussels, 17 July 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 53, 23.2.2002, p. 37.
(3) OJ L 130, 15.5.1992, p. 67.
(4) OJ L 206, 3.8.2002, p. 20.
(5) OJ L 86, 6.4.1993, p. 16.
(6) OJ L 287, 25.10.2002, p. 42.
(7) OJ L 3, 7.1.1997, p. 9.
(8) OJ L 216, 10.8.2001, p. 26.
(9) OJ L 268, 24.9.1991, p. 56.
(10) OJ L 162, 1.7.1996, p. 1.
>PIC FILE= “L_2003185EN.004302.TIF”>
>PIC FILE= “L_2003185EN.004401.TIF”>
>PIC FILE= “L_2003185EN.004501.TIF”>
>PIC FILE= “L_2003185EN.004601.TIF”>
>PIC FILE= “L_2003185EN.004701.TIF”>”
>PIC FILE= “L_2003185EN.004802.TIF”>
>PIC FILE= “L_2003185EN.004901.TIF”>
>PIC FILE= “L_2003185EN.005001.TIF”>
>PIC FILE= “L_2003185EN.005101.TIF”>
>PIC FILE= “L_2003185EN.005201.TIF”>”
1. Point 7.1 is replaced by the following:
“7.1. Registered horses intended for permanent imports into the European Union must have been resident in the country of dispatch for at least 90 days, or since birth, if they are less than 90 days old, or since entry, if they are imported directly from the European Union during the 90 days prior to certification for export to the European Union and they must have remained in the free area for at least 60 days or since birth, if they are less than 60 days old, or since entry, if they are imported directly into the free area from the European Union during the 60 days prior to certification for export to the European Union.”
2. Point 11 is replaced by the following:
“11. If registered horses are transported by air, the transport of the horses from the quarantine station into the aircraft is performed under vector-protected conditions and these conditions are maintained throughout the journey.”
3. The following point 12 is added:
“12. If registered horses are transported by sea, then the following conditions shall apply:
Vessels transporting registered horses from the port of Cape Town to a port in the European Union approved in accordance with Council Directive 91/496/EEC as a border inspection post for veterinary checks on registered horses, shall at no time between departure and arrival at destination call into a port situated on the territory or part of the territory of a third country not approved for imports into the European Union of equidae. The master of the vessel shall provide proof of compliance with these conditions by completing the declaration included in Annex IV.”
>PIC FILE= “L_2003185EN.005403.TIF”>”

Pending: 32003D0484

THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Common Position 2003/280/CFSP of 16 April 2003 in support of the effective implementation of the mandate of the ICTY(1), and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) By Common Position 2003/280/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them.(2) Following recommendations from the office of the High Representative for Bosnia and Herzegovina, further individuals should be targeted by those measures,HAS DECIDED AS FOLLOWS:Article 1The list of persons set out in the Annex to Common Position 2003/280/CFSP is hereby replaced by the list set out in the Annex to this Decision.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 27 June 2003.For the CouncilThe PresidentG. Papandreou(1) OJ L 101, 23.4.2003, p. 22.ANNEXList of persons referred to in Article 11. BJELICA, MilovanDate of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina, SFRYPassport No: 0000148 issued 26.7.1998 in Srpsko SarajevoNational ID No: 1910958130007Aliases: CickoAddress:2. ECIM, LjubanDate of birth/Place of birth: 6/1/1964, Sviljanac, Bosnia and Herzegovina, SFRY.Passport No: 0144290 issued 21/11/1998 in Banja Luka. Date of expiry 21/11/2003.ID: 601964100083Aliases:Address: Ulica Stevana Mokranjca 26, Banja Luka, BiH3. KARADZIC, AleksandarDate of birth/Place of birth: 14.5.1973, Sarajevo Centar, Bosnia and Herzegovina, SFRYPassport No: 0036395. Expired 12.10.1998Aliases: SasaAddress:4. KARADZIC, Ljilana (maiden name: ZELEN)Date of birth/Place of birth: 27.11.1945, Sarajevo Centar, Bosnia and Herzegovina, SFRYDaughter of Vojo and AnkaPassport No/ID No:Aliases:Address:5. KOJIC, RadomirDate of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac Canton, Bosnia and Herzegovina, SFRYSon of Milanko and ZlatanaPassport No: 3943074 issued on 27.9.2002 in SarajevoAliases: MineurAddress:6. KOVAC, TomislavDate of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina, SFRYSon of VasoID No: 412959171315Aliases: TomoAddress: Bijela, Montenegro; and Pale, Bosnia and Herzegovina7. KRASIC, PetarDate of birth/Place of birth:Passport No/ID No:Aliases:Address:8. KUJUNDZIC, PedragDate of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina, SFRYSon of VasilijaID No: 30011961120044Aliases:Address: Doboj, Bosnia and Herzegovina9. LUKOVIC, Milorad UlemekDate of birth/Place of birth: 15.5.1968, Belgrade, Serbia, SFRYPassport No/ID No:Aliases: Legija (Forged ID as IVANIC, Zeljko)Address: on the run10. MANDIC, MomciloDate of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina, SFRYPassport No 0121391 issued 12.5.1999 in Srpsko Sarajevo, Bosnia and HerzegovinaNational ID No: JMB 0105954171511Aliases: MomoAddress:11. RATIC, BrankoDate of birth/Place of birth: 26.11.1957, MIHALJEVCI SL POZEGA, Bosnia and Herzegovina, SFRYPassport No: 0442022 issued 17.9.1999 in Banja Luka. Date of expiry 17.9.2003ID No: 2611957173132Aliases:Address: Ulica Krfska 42, Banja Luka, Bosnia and Herzegovina12. ROGULJIC, SlavkoDate of birth/Place of birth: 15.5.1952, SRPSKA CRNJA HETIN, Serbia, SFRYPassport No/ID No: Valid passport 3747158 issued 12.4.2002 in Banja Luka. Date of expiry: 12.4.2007. Non-valid passport 0020222 issued 25.8.1988 in Banja Luka. Date of expiry: 25.8.2003ID No: 1505952103022. Two children on IDAliases:Address: 21 Vojvode Misica, Laktasi, Bosnia and Herzegovina13. VEINOVIC, VasiljeDate of birth/Place of birth:Passport No/ID No:Aliases: FilaretAddress:14. VRACAR, MilenkoDate of birth/Place of birth: 15.5.1956, Nisavici, Prijedor, Bosnia and Herzegovina, SFRYPassport No/ID No: Valid passport 3965548 issued 29.8.2002 in Banja Luka. Date of expiry: 29.8.2007. Non-valid passports 0280280 issued 4.12.1999 in Banja Luka (date of expiry 4.12.2004) and 0062130 issued 16.9.1998 in Banja Luka (date of expiry 16.9.2003)Aliases:Address: 14 Save Ljuboje, Banja Luka, Bosnia and Herzegovina.

Article 1
The list of persons set out in the Annex to Common Position 2003/280/CFSP is hereby replaced by the list set out in the Annex to this Decision.

Article 2
This Decision shall take effect on the date of its adoption.

Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 27 June 2003.
For the Council
The President
G. Papandreou
(1) OJ L 101, 23.4.2003, p. 22.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Common Position 2003/280/CFSP of 16 April 2003 in support of the effective implementation of the mandate of the ICTY(1), and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,Whereas:(1) By Common Position 2003/280/CFSP the Council adopted measures to prevent the entry into, or transit through, the territories of Member States of individuals who are engaged in activities which help persons at large continue to evade justice for crimes for which the ICTY has indicted them.(2) Following recommendations from the office of the High Representative for Bosnia and Herzegovina, further individuals should be targeted by those measures,HAS DECIDED AS FOLLOWS:Article 1The list of persons set out in the Annex to Common Position 2003/280/CFSP is hereby replaced by the list set out in the Annex to this Decision.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 27 June 2003.For the CouncilThe PresidentG. Papandreou(1) OJ L 101, 23.4.2003, p. 22.ANNEXList of persons referred to in Article 11. BJELICA, MilovanDate of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina, SFRYPassport No: 0000148 issued 26.7.1998 in Srpsko SarajevoNational ID No: 1910958130007Aliases: CickoAddress:2. ECIM, LjubanDate of birth/Place of birth: 6/1/1964, Sviljanac, Bosnia and Herzegovina, SFRY.Passport No: 0144290 issued 21/11/1998 in Banja Luka. Date of expiry 21/11/2003.ID: 601964100083Aliases:Address: Ulica Stevana Mokranjca 26, Banja Luka, BiH3. KARADZIC, AleksandarDate of birth/Place of birth: 14.5.1973, Sarajevo Centar, Bosnia and Herzegovina, SFRYPassport No: 0036395. Expired 12.10.1998Aliases: SasaAddress:4. KARADZIC, Ljilana (maiden name: ZELEN)Date of birth/Place of birth: 27.11.1945, Sarajevo Centar, Bosnia and Herzegovina, SFRYDaughter of Vojo and AnkaPassport No/ID No:Aliases:Address:5. KOJIC, RadomirDate of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac Canton, Bosnia and Herzegovina, SFRYSon of Milanko and ZlatanaPassport No: 3943074 issued on 27.9.2002 in SarajevoAliases: MineurAddress:6. KOVAC, TomislavDate of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina, SFRYSon of VasoID No: 412959171315Aliases: TomoAddress: Bijela, Montenegro; and Pale, Bosnia and Herzegovina7. KRASIC, PetarDate of birth/Place of birth:Passport No/ID No:Aliases:Address:8. KUJUNDZIC, PedragDate of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina, SFRYSon of VasilijaID No: 30011961120044Aliases:Address: Doboj, Bosnia and Herzegovina9. LUKOVIC, Milorad UlemekDate of birth/Place of birth: 15.5.1968, Belgrade, Serbia, SFRYPassport No/ID No:Aliases: Legija (Forged ID as IVANIC, Zeljko)Address: on the run10. MANDIC, MomciloDate of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina, SFRYPassport No 0121391 issued 12.5.1999 in Srpsko Sarajevo, Bosnia and HerzegovinaNational ID No: JMB 0105954171511Aliases: MomoAddress:11. RATIC, BrankoDate of birth/Place of birth: 26.11.1957, MIHALJEVCI SL POZEGA, Bosnia and Herzegovina, SFRYPassport No: 0442022 issued 17.9.1999 in Banja Luka. Date of expiry 17.9.2003ID No: 2611957173132Aliases:Address: Ulica Krfska 42, Banja Luka, Bosnia and Herzegovina12. ROGULJIC, SlavkoDate of birth/Place of birth: 15.5.1952, SRPSKA CRNJA HETIN, Serbia, SFRYPassport No/ID No: Valid passport 3747158 issued 12.4.2002 in Banja Luka. Date of expiry: 12.4.2007. Non-valid passport 0020222 issued 25.8.1988 in Banja Luka. Date of expiry: 25.8.2003ID No: 1505952103022. Two children on IDAliases:Address: 21 Vojvode Misica, Laktasi, Bosnia and Herzegovina13. VEINOVIC, VasiljeDate of birth/Place of birth:Passport No/ID No:Aliases: FilaretAddress:14. VRACAR, MilenkoDate of birth/Place of birth: 15.5.1956, Nisavici, Prijedor, Bosnia and Herzegovina, SFRYPassport No/ID No: Valid passport 3965548 issued 29.8.2002 in Banja Luka. Date of expiry: 29.8.2007. Non-valid passports 0280280 issued 4.12.1999 in Banja Luka (date of expiry 4.12.2004) and 0062130 issued 16.9.1998 in Banja Luka (date of expiry 16.9.2003)Aliases:Address: 14 Save Ljuboje, Banja Luka, Bosnia and Herzegovina.
The list of persons set out in the Annex to Common Position 2003/280/CFSP is hereby replaced by the list set out in the Annex to this Decision.
This Decision shall take effect on the date of its adoption.
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 27 June 2003.
For the Council
The President
G. Papandreou
(1) OJ L 101, 23.4.2003, p. 22.
List of persons referred to in Article 1
1. BJELICA, Milovan
Date of birth/Place of birth: 19.10.1958, Rogatica, Bosnia and Herzegovina, SFRY
Passport No: 0000148 issued 26.7.1998 in Srpsko Sarajevo
National ID No: 1910958130007
Aliases: Cicko
2. ECIM, Ljuban
Date of birth/Place of birth: 6/1/1964, Sviljanac, Bosnia and Herzegovina, SFRY.
Passport No: 0144290 issued 21/11/1998 in Banja Luka. Date of expiry 21/11/2003.
ID: 601964100083
Address: Ulica Stevana Mokranjca 26, Banja Luka, BiH
3. KARADZIC, Aleksandar
Date of birth/Place of birth: 14.5.1973, Sarajevo Centar, Bosnia and Herzegovina, SFRY
Passport No: 0036395. Expired 12.10.1998
Aliases: Sasa
4. KARADZIC, Ljilana (maiden name: ZELEN)
Date of birth/Place of birth: 27.11.1945, Sarajevo Centar, Bosnia and Herzegovina, SFRY
Daughter of Vojo and Anka
Passport No/ID No:
5. KOJIC, Radomir
Date of birth/Place of birth: 23.11.1950, Bijela Voda, Sokolac Canton, Bosnia and Herzegovina, SFRY
Son of Milanko and Zlatana
Passport No: 3943074 issued on 27.9.2002 in Sarajevo
Aliases: Mineur
6. KOVAC, Tomislav
Date of birth/Place of birth: 4.12.1959, Sarajevo, Bosnia and Herzegovina, SFRY
Son of Vaso
ID No: 412959171315
Aliases: Tomo
Address: Bijela, Montenegro; and Pale, Bosnia and Herzegovina
7. KRASIC, Petar
Date of birth/Place of birth:
Passport No/ID No:
8. KUJUNDZIC, Pedrag
Date of birth/Place of birth: 30.1.1961, Suho Pole, Doboj, Bosnia and Herzegovina, SFRY
Son of Vasilija
ID No: 30011961120044
Address: Doboj, Bosnia and Herzegovina
9. LUKOVIC, Milorad Ulemek
Date of birth/Place of birth: 15.5.1968, Belgrade, Serbia, SFRY
Passport No/ID No:
Aliases: Legija (Forged ID as IVANIC, Zeljko)
Address: on the run
10. MANDIC, Momcilo
Date of birth/Place of birth: 1.5.1954, Kalinovik, Bosnia and Herzegovina, SFRY
Passport No 0121391 issued 12.5.1999 in Srpsko Sarajevo, Bosnia and Herzegovina
National ID No: JMB 0105954171511
Aliases: Momo
11. RATIC, Branko
Date of birth/Place of birth: 26.11.1957, MIHALJEVCI SL POZEGA, Bosnia and Herzegovina, SFRY

Pending: 32003D0460

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1), and in particular Article 54 thereof,Whereas:(1) Under Regulation (EC) No 178/2002 the Commission is to suspend the placing on the market or use of a food or feed that is likely to constitute a serious risk to human health, and take any other appropriate interim measure when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.(2) On 9 May 2003, France sent information through the rapid alert system for food and feed relating to discovery of the dye Sudan red 1 in hot chilli products originating from India. There is no evidence that products of Community origin are concerned by such findings(3) Available experimental data indicate that Sudan red 1 may be a genotoxic carcinogen. It is, therefore, not possible to establish a tolerable daily intake. Sudan red 1 may also exert sensitising effects by dermal route or inhalation. It has also been classified as a category 3 carcinogen by the International Agency for Research on Cancer (IARC).(4) Therefore the findings reported by France point to an adulteration constituting a serious health risk.(5) On 5 June 2003, in the light of the possible extent of the problem, France adopted interim protective measures and informed the Commission thereof.(6) Accordingly, the Commission must put the matter before the Standing Committee on the Food Chain and Animal Health within 10 working days of the measures having been adopted by France, with a view to the extension, amendment or abrogation of the national interim protective measures.(7) Given the seriousness of the health threat, it is necessary to extend the measures taken by France to the whole Community. Moreover, account should be taken of potential triangular trade, especially for products for which there is no official certification of origin. In order to protect public health, it is appropriate to require that consignments of hot chilli and hot chilli products imported into the Community in whatever form, intended for human consumption, should be accompanied by an analytical report provided by the importer or food business operator concerned demonstrating that the consignment does not contain Sudan red 1. For the same reason, Member States shall carry out random sampling and analysis of hot chilli and hot chilli products at import or already on the market.(8) It is appropriate to order the destruction of adulterated hot chilli and hot chilli products to avoid their introduction into the food chain.(9) Since the measures provided for in this Decision have an impact on the control resources of the Member States, the results of these measures should be evaluated at the latest after 12 months in order to assess whether they are still necessary for the protection of public health.(10) This evaluation should take account of the results of all analyses carried out by the competent authorities.(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 1ScopeThis Decision applies to the following hot chilli and hot chilli products, in whatever form, intended for human consumption:- Fruits of the genus Capsicum, dried and crushed or ground within CN code 0904 20 90.Article 2Conditions for import of hot chilli and hot chilli products1. Member States shall prohibit the import of hot chilli and hot chilli products defined in

Article 1
This Decision applies to the following hot chilli and hot chilli products, in whatever form, intended for human consumption:
– Fruits of the genus Capsicum, dried and crushed or ground within CN code 0904 20 90.

Article 2
Conditions for import of hot chilli and hot chilli products
1. Member States shall prohibit the import of hot chilli and hot chilli products defined in Article 1 unless an analytical report accompanying the consignment demonstrates that the product does not contain Sudan red 1 (CAS Nr 842-07-09).
2. The competent authorities in the Member States shall check that each consignment of hot chilli and hot chilli products presented for importation is accompanied by a report as provided for in paragraph 1.
3. In the absence of such an analytical report, the importer established in the Community shall have the product tested to demonstrate that it does not contain Sudan red 1. Pending availability of the analytical report, the product shall be detained under official supervision.

Article 3
Sampling and analysis
1. Member States shall take appropriate measures, including random sampling and analysis of hot chilli and hot chilli products presented for importation or already on the market in order to verify the absence of Sudan red 1. They shall inform the Commission of positive (unfavourable) results through the rapid alert system for food and feed. Negative (favourable) results shall be reported to the Commission on a three-monthly basis. This report shall be submitted during the month following each quarter(2).
2. Any consignment subjected to official sampling and analysis may be detained before release onto the market for a maximum period of 15 working days.

Article 4
Splitting of a consignment
If a consignment is split, a certified copy of the analytical report provided for in Article 2(1) shall accompany each part of the split consignment.

Article 5
Adulterated consignments
Products referred to in Article 1 that are found to contain Sudan red 1 shall be destroyed.

Article 6
Recovery of costs
In relation to Article 2(1), (3) and Article 5, costs resulting from analysis, storage and eventual destruction shall be borne by the importers or food business operators concerned.

Article 7
Review of the measures
This Decision shall be reviewed by 20 June 2004 at the latest.

Article 8
This Decision is addressed to the Member States.
Done at Brussels, 20 June 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 31, 1.2.2002, p. 1.
(2) April, July, October, January.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1), and in particular Article 54 thereof,Whereas:(1) Under Regulation (EC) No 178/2002 the Commission is to suspend the placing on the market or use of a food or feed that is likely to constitute a serious risk to human health, and take any other appropriate interim measure when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.(2) On 9 May 2003, France sent information through the rapid alert system for food and feed relating to discovery of the dye Sudan red 1 in hot chilli products originating from India. There is no evidence that products of Community origin are concerned by such findings(3) Available experimental data indicate that Sudan red 1 may be a genotoxic carcinogen. It is, therefore, not possible to establish a tolerable daily intake. Sudan red 1 may also exert sensitising effects by dermal route or inhalation. It has also been classified as a category 3 carcinogen by the International Agency for Research on Cancer (IARC).(4) Therefore the findings reported by France point to an adulteration constituting a serious health risk.(5) On 5 June 2003, in the light of the possible extent of the problem, France adopted interim protective measures and informed the Commission thereof.(6) Accordingly, the Commission must put the matter before the Standing Committee on the Food Chain and Animal Health within 10 working days of the measures having been adopted by France, with a view to the extension, amendment or abrogation of the national interim protective measures.(7) Given the seriousness of the health threat, it is necessary to extend the measures taken by France to the whole Community. Moreover, account should be taken of potential triangular trade, especially for products for which there is no official certification of origin. In order to protect public health, it is appropriate to require that consignments of hot chilli and hot chilli products imported into the Community in whatever form, intended for human consumption, should be accompanied by an analytical report provided by the importer or food business operator concerned demonstrating that the consignment does not contain Sudan red 1. For the same reason, Member States shall carry out random sampling and analysis of hot chilli and hot chilli products at import or already on the market.(8) It is appropriate to order the destruction of adulterated hot chilli and hot chilli products to avoid their introduction into the food chain.(9) Since the measures provided for in this Decision have an impact on the control resources of the Member States, the results of these measures should be evaluated at the latest after 12 months in order to assess whether they are still necessary for the protection of public health.(10) This evaluation should take account of the results of all analyses carried out by the competent authorities.(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DECISION:Article 1ScopeThis Decision applies to the following hot chilli and hot chilli products, in whatever form, intended for human consumption:- Fruits of the genus Capsicum, dried and crushed or ground within CN code 0904 20 90.Article 2Conditions for import of hot chilli and hot chilli products1. Member States shall prohibit the import of hot chilli and hot chilli products defined in
This Decision applies to the following hot chilli and hot chilli products, in whatever form, intended for human consumption:
– Fruits of the genus Capsicum, dried and crushed or ground within CN code 0904 20 90.
Conditions for import of hot chilli and hot chilli products
1. Member States shall prohibit the import of hot chilli and hot chilli products defined in Article 1 unless an analytical report accompanying the consignment demonstrates that the product does not contain Sudan red 1 (CAS Nr 842-07-09).
2. The competent authorities in the Member States shall check that each consignment of hot chilli and hot chilli products presented for importation is accompanied by a report as provided for in paragraph 1.
3. In the absence of such an analytical report, the importer established in the Community shall have the product tested to demonstrate that it does not contain Sudan red 1. Pending availability of the analytical report, the product shall be detained under official supervision.
Sampling and analysis
1. Member States shall take appropriate measures, including random sampling and analysis of hot chilli and hot chilli products presented for importation or already on the market in order to verify the absence of Sudan red 1. They shall inform the Commission of positive (unfavourable) results through the rapid alert system for food and feed. Negative (favourable) results shall be reported to the Commission on a three-monthly basis. This report shall be submitted during the month following each quarter(2).
2. Any consignment subjected to official sampling and analysis may be detained before release onto the market for a maximum period of 15 working days.
Splitting of a consignment
If a consignment is split, a certified copy of the analytical report provided for in Article 2(1) shall accompany each part of the split consignment.
Adulterated consignments
Products referred to in Article 1 that are found to contain Sudan red 1 shall be destroyed.
Recovery of costs
In relation to Article 2(1), (3) and Article 5, costs resulting from analysis, storage and eventual destruction shall be borne by the importers or food business operators concerned.
Review of the measures
This Decision shall be reviewed by 20 June 2004 at the latest.
This Decision is addressed to the Member States.
Done at Brussels, 20 June 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 31, 1.2.2002, p. 1.
(2) April, July, October, January.

Pending: 32003D0276

17.4.2003 EN Official Journal of the European Union L 99/60
(1) In Common Position 97/357/CFSP of 2 June 1997 on Albania(2)the European Union expressed its intention to help Albania to promote the democratic process, the return to political stability and internal security. The excessive and uncontrolled accumulation and spread of small arms and light weapons (SALW) and their ammunition poses a threat to peace and security and reduces the prospects for sustainable development; this is acutely the case in Albania.
(2) In pursuing the objectives set out in Article 1 of Joint Action 2002/589/CFSP, the European Union envisages operating within the relevant international fora and in a regional context, as appropriate, to render assistance through international organisations, programmes and agencies as well as regional arrangements.
(3) The Albanian Ministry of Defence has identified a large amount of SALW ammunition, surplus to their requirements or recovered from the public. Much of the ammunition is incorrectly packaged and stored in inappropriate locations and conditions.
(4) The NATO Maintenance and Supply Agency (NAMSA), under the terms of the Partnership for Peace Trust Fund, is managing a project aimed at the consolidation and demilitarisation of surplus SALW ammunition, amounting to a total of 11 665 tonnes, during a period of four years.
(5) The Commission has agreed to be entrusted with the implementation of this Decision.
(6) The European Union therefore intends to offer financial assistance to the NAMSA project in accordance with Title II of Joint Action 2002/589/CFSP.
(7) The Commission will ensure an adequate visibility of the contribution of the EU to the project, including by appropriate measures taken by NAMSA,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Joint Action 2002/589/CFSP of 12 July 2002 on the European Union’s contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP (1), and in particular Article 6 thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
Whereas:

(1)

In Common Position 97/357/CFSP of 2 June 1997 on Albania (2) the European Union expressed its intention to help Albania to promote the democratic process, the return to political stability and internal security. The excessive and uncontrolled accumulation and spread of small arms and light weapons (SALW) and their ammunition poses a threat to peace and security and reduces the prospects for sustainable development; this is acutely the case in Albania.

(2)

In pursuing the objectives set out in

Article 1
1.   The European Union shall contribute to the destruction of surplus SALW ammunition in Albania.
2.   For this purpose, the European Union shall provide financial support to the NAMSA project aimed at the consolidation and demilitarisation of surplus SALW ammunition.
3.   The Commission shall be entrusted with the implementation of this Decision. To that end, the Commission shall conclude a financing agreement with NAMSA on the conditions for use of the European Union contribution, which will take the form of a grant. Amongst other things, this grant will be used to cover, over a period of 12 months, salaries, travel expenses, supplies and equipment necessary for the destruction of surplus SALW ammunition in Albania. The financing agreement will stipulate that NAMSA shall ensure visibility of the European Union contribution to the project, appropriate to its size.

Article 2
1.   The financial reference amount for the purpose referred to in Article 1 shall be EUR 820 000.
2.   The management of the expenditure financed by the amount specified in paragraph 1 shall be subject to the Community procedures and rules applicable to the general budget of the European Union.

Article 3
The Commission shall submit regular reports on the implementation of this Decision to the relevant Council bodies, in accordance with Article 9(1) of the Joint Action 2002/589/CFSP. This information will in particular be based on regular reports to be provided by NAMSA under its contractual relationship with the Commission, as stipulated in Article 1.

Article 4
1.   This Decision shall take effect on the date of its adoption. It shall expire twelve months after the financing agreement between the Commission and NAMSA has been concluded.
2.   This Decision shall be reviewed ten months after the date of its adoption.

Article 5
This Decision shall be published in the Official Journal of the European Union.
Done at Luxembourg, 14 April 2003.
For the Council
The President
A. GIANNITSIS
(1)  OJ L 191, 19.7.2002, p. 1.
(2)  OJ L 153, 11.6.1997, p. 4.
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THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Joint Action 2002/589/CFSP of 12 July 2002 on the European Union’s contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP (1), and in particular Article 6 thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
Whereas:

(1)

In Common Position 97/357/CFSP of 2 June 1997 on Albania (2) the European Union expressed its intention to help Albania to promote the democratic process, the return to political stability and internal security. The excessive and uncontrolled accumulation and spread of small arms and light weapons (SALW) and their ammunition poses a threat to peace and security and reduces the prospects for sustainable development; this is acutely the case in Albania.

(2)

In pursuing the objectives set out in

1.   The European Union shall contribute to the destruction of surplus SALW ammunition in Albania.
2.   For this purpose, the European Union shall provide financial support to the NAMSA project aimed at the consolidation and demilitarisation of surplus SALW ammunition.
3.   The Commission shall be entrusted with the implementation of this Decision. To that end, the Commission shall conclude a financing agreement with NAMSA on the conditions for use of the European Union contribution, which will take the form of a grant. Amongst other things, this grant will be used to cover, over a period of 12 months, salaries, travel expenses, supplies and equipment necessary for the destruction of surplus SALW ammunition in Albania. The financing agreement will stipulate that NAMSA shall ensure visibility of the European Union contribution to the project, appropriate to its size.
1.   The financial reference amount for the purpose referred to in Article 1 shall be EUR 820 000.
2.   The management of the expenditure financed by the amount specified in paragraph 1 shall be subject to the Community procedures and rules applicable to the general budget of the European Union.
The Commission shall submit regular reports on the implementation of this Decision to the relevant Council bodies, in accordance with Article 9(1) of the Joint Action 2002/589/CFSP. This information will in particular be based on regular reports to be provided by NAMSA under its contractual relationship with the Commission, as stipulated in Article 1.
1.   This Decision shall take effect on the date of its adoption. It shall expire twelve months after the financing agreement between the Commission and NAMSA has been concluded.
2.   This Decision shall be reviewed ten months after the date of its adoption.
This Decision shall be published in the Official Journal of the European Union.
Done at Luxembourg, 14 April 2003.
For the Council
The President
A. GIANNITSIS
(1)  OJ L 191, 19.7.2002, p. 1.
(2)  OJ L 153, 11.6.1997, p. 4.
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Pending: 32003D0223

Having regard to the Statute of the European System of Central Banks and of the European Central Bank(1), and in particular to Article 10.6 thereof,Having regard to the recommendation from the European Central Bank(2),Having regard to the opinion of the European Parliament(3),Having regard to the opinion of the Commission(4),Whereas:(1) The enlargement of the euro area will lead to an increase in the number of members of the Governing Council of the European Central Bank (ECB). There is a need to maintain the Governing Council’s capacity for efficient and timely decision-making in an enlarged euro area, irrespective of the number of Member States that adopt the euro. In order to do so, the number of governors having voting rights will have to be smaller than the overall number of governors in the Governing Council. A rotation system is an equitable, efficient and acceptable way of assigning voting rights among the governors in the Governing Council. A number of 15 voting rights for the governors strikes an appropriate balance between, on the one hand, continuity with the existing set-up including a balanced assignment of voting rights between the six members of the Executive Board and the other members of the Governing Council and, on the other hand, the need to ensure efficient decision-making in a substantially enlarged Governing Council.(2) In view of their appointment at European level by a Treaty procedure and their role at the ECB, the competence of which spans the whole euro area, each member of the Executive Board has to maintain a permanent voting right in the Governing Council.(3) The voting modalities in the Governing Council are adjusted on the basis of Article 10.6 of the Statute. As this Article only concerns amendments to Article 10.2 of the Statute, any adjustment of the voting modalities has no implications for voting on decisions taken in accordance with Articles 10.3, 10.6 and 41.2 of the Statute.(4) Five fundamental principles are reflected in the constitutive elements of the chosen rotation system. The “one member, one vote” principle, which is the Governing Council’s core decision-making principle, continues to apply to all members of the Governing Council having a voting right. All members of the Governing Council continue to participate in its meetings in a personal and independent capacity, irrespective of whether they have a voting right or not. The rotation system is robust in the sense that it is able to accommodate any euro area enlargements up to the currently envisaged maximum number of Member States. Moreover, the rotation system avoids producing situations in which those governors having a voting right are from the national central banks (NCBs) of Member States which, taken together, are perceived as unrepresentative of the euro area economy as a whole. Finally, the rotation system is transparent.(5) The allocation of governors to groups and the assignment of specific numbers of voting rights to these groups are designed to ensure that those governors having a voting right are from the NCBs of Member States which, taken together, are representative of the euro area economy as a whole. Governors will exercise their voting right with different frequencies depending on the relative size of their NCB’s Member State’s economy within the euro area. The allocation of governors to groups is thus dependent on a ranking of their NCB’s Member State based on an indicator with two components: the size of the share of their NCB’s Member State (i) in the aggregate gross domestic product at market prices (hereinafter GDP mp) of the Member States which have adopted the euro; and (ii) in the total aggregated balance sheet of the monetary financial institutions (hereinafter TABS-MFIs) of the Member States which have adopted the euro. The economic weight of a Member State as reflected in its GDP mp is an appropriate component as the impact of central bank decisions is greater in Member States with larger economies than in those with smaller economies. At the same time, the size of a Member State’s financial sector also has a particular relevance for central bank decisions, since the counterparties of central bank operations belong to this sector. A 5/6 weight is attributed to GDP mp and a 1/6 weight to TABS-MFIs. This choice of weights is suitable, as this will mean that the financial sector is sufficiently and meaningfully represented.(6) In order to provide for the smooth introduction of the rotation system, its establishment takes place in two stages. In the first stage the governors will be allocated to two groups as soon as their number exceeds 15. The frequency of voting rights of the governors allocated to the first group will not be lower than the frequency of voting rights of those of the second group. When a significant number of new Member States have entered the euro area, i.e. the number of governors exceeds 21, they will be allocated to three groups. Within each group governors have a voting right for equal amounts of time. The detailed implementing provisions regarding the two principles as well as any possible decision to postpone the start of the rotation system so as to avoid the situation that governors within any group have a voting frequency of 100 % are to be adopted by the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right.(7) The shares of each NCB’s Member State in the aggregate GDP mp and in the TABS-MFIs of the Member States which have adopted the euro are to be adjusted whenever the aggregate GDP mp is adjusted in accordance with Article 29.3 of the Statute or whenever the number of governors in the Governing Council increases. The new shares resulting from the regular adjustments will apply as from the first day of the following year. Upon one or more governors becoming members of the Governing Council, the reference periods to be used to calculate the shares of their respective NCB’s Member State in the aggregate GDP mp and in the TABS-MFI of the Member States which have adopted the euro should be identical to those used for the latest quinquennial adjustment of the shares. The new shares resulting from such non-regular adjustments will apply as from the day on which the governor(s) join(s) the Governing Council. These operational details are part of the implementing provisions to be adopted by the Governing Council,HAS DECIDED AS FOLLOWS:Article 1The Statute of the European System of Central Banks and of the European Central Bank is hereby amended as follows:Article 10.2 of the Statute shall be replaced by the following:”(10.2) Each member of the Governing Council shall have one vote. As from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board shall have one vote and the number of governors with a voting right shall be 15. The latter voting rights shall be assigned and shall rotate as follows:- as from the date on which the number of governors exceeds 15, until it reaches 22, the governors shall be allocated to two groups, according to a ranking of the size of the share of their national central bank’s Member State in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions of the Member States which have adopted the euro. The shares in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions shall be assigned weights of 5/6 and 1/6, respectively. The first group shall be composed of five governors and the second group of the remaining governors. The frequency of voting rights of the governors allocated to the first group shall not be lower than the frequency of voting rights of those of the second group. Subject to the previous sentence, the first group shall be assigned four voting rights and the second group eleven voting rights;- as from the date on which the number of governors reaches 22, the governors shall be allocated to three groups according to a ranking based on the above criteria. The first group shall be composed of five governors and shall be assigned four voting rights. The second group shall be composed of half of the total number of governors, with any fraction rounded up to the nearest integer, and shall be assigned eight voting rights. The third group shall be composed of the remaining governors and shall be assigned three voting rights;- within each group, the governors shall have their voting rights for equal amounts of time;- for the calculation of the shares in the aggregate gross domestic product at market prices Article 29.2 shall apply. The total aggregated balance sheet of the monetary financial institutions shall be calculated in accordance with the statistical framework applying in the European Community at the time of the calculation;- whenever the aggregate gross domestic product at market prices is adjusted in accordance with Article 29.3, or whenever the number of governors increases, the size and/or composition of the groups shall be adjusted in accordance with the above principles;- the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, shall take all measures necessary for the implementation of the above principles and may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.The right to vote shall be exercised in person. By way of derogation from this rule, the Rules of Procedure referred to in Article 12.3 may lay down that members of the Governing Council may cast their vote by means of teleconferencing. These rules shall also provide that a member of the Governing Council who is prevented from attending meetings of the Governing Council for a prolonged period may appoint an alternate as a member of the Governing Council.The provisions of the previous paragraphs are without prejudice to the voting rights of all members of the Governing Council, with and without a voting right, under Articles 10.3, 10.6 and 41.2.Save as otherwise provided for in this Statute, the Governing Council shall act by a simple majority of the members having a voting right. In the event of a tie, the President shall have the casting vote.In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members having a voting right. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.”Article 21. This Decision shall be ratified by all Member States in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.2. This Decision shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory Member State to fulfil that formality.Done at Brussels, 21 March 2003.For the Council, meeting in the composition of the Heads of State or GovernmentThe PresidentC. Simitis(1) Statute laid down by the Protocol annexed to the Treaty establishing the European Community, as amended by the Treaty of Nice.(2) OJ C 29, 7.2.2003, p. 6.(3) Opinion delivered on 13 March 2003 (not yet published in the Official Journal).(4) Opinion delivered on 21 February 2003 (not yet published in the Official Journal).

Article 1
The Statute of the European System of Central Banks and of the European Central Bank is hereby amended as follows:

Article 10
.2 of the Statute shall be replaced by the following:
“(10.2) Each member of the Governing Council shall have one vote. As from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board shall have one vote and the number of governors with a voting right shall be 15. The latter voting rights shall be assigned and shall rotate as follows:
– as from the date on which the number of governors exceeds 15, until it reaches 22, the governors shall be allocated to two groups, according to a ranking of the size of the share of their national central bank’s Member State in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions of the Member States which have adopted the euro. The shares in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions shall be assigned weights of 5/6 and 1/6, respectively. The first group shall be composed of five governors and the second group of the remaining governors. The frequency of voting rights of the governors allocated to the first group shall not be lower than the frequency of voting rights of those of the second group. Subject to the previous sentence, the first group shall be assigned four voting rights and the second group eleven voting rights;
– as from the date on which the number of governors reaches 22, the governors shall be allocated to three groups according to a ranking based on the above criteria. The first group shall be composed of five governors and shall be assigned four voting rights. The second group shall be composed of half of the total number of governors, with any fraction rounded up to the nearest integer, and shall be assigned eight voting rights. The third group shall be composed of the remaining governors and shall be assigned three voting rights;
– within each group, the governors shall have their voting rights for equal amounts of time;
– for the calculation of the shares in the aggregate gross domestic product at market prices Article 29.2 shall apply. The total aggregated balance sheet of the monetary financial institutions shall be calculated in accordance with the statistical framework applying in the European Community at the time of the calculation;
– whenever the aggregate gross domestic product at market prices is adjusted in accordance with Article 29.3, or whenever the number of governors increases, the size and/or composition of the groups shall be adjusted in accordance with the above principles;
– the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, shall take all measures necessary for the implementation of the above principles and may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.
The right to vote shall be exercised in person. By way of derogation from this rule, the Rules of Procedure referred to in Article 12.3 may lay down that members of the Governing Council may cast their vote by means of teleconferencing. These rules shall also provide that a member of the Governing Council who is prevented from attending meetings of the Governing Council for a prolonged period may appoint an alternate as a member of the Governing Council.
The provisions of the previous paragraphs are without prejudice to the voting rights of all members of the Governing Council, with and without a voting right, under Articles 10.3, 10.6 and 41.2.
Save as otherwise provided for in this Statute, the Governing Council shall act by a simple majority of the members having a voting right. In the event of a tie, the President shall have the casting vote.
In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members having a voting right. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.”

Article 2
1. This Decision shall be ratified by all Member States in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.
2. This Decision shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory Member State to fulfil that formality.
Done at Brussels, 21 March 2003.
For the Council, meeting in the composition of the Heads of State or Government
The President
(1) Statute laid down by the Protocol annexed to the Treaty establishing the European Community, as amended by the Treaty of Nice.
(2) OJ C 29, 7.2.2003, p. 6.
(3) Opinion delivered on 13 March 2003 (not yet published in the Official Journal).
(4) Opinion delivered on 21 February 2003 (not yet published in the Official Journal).

Having regard to the Statute of the European System of Central Banks and of the European Central Bank(1), and in particular to Article 10.6 thereof,Having regard to the recommendation from the European Central Bank(2),Having regard to the opinion of the European Parliament(3),Having regard to the opinion of the Commission(4),Whereas:(1) The enlargement of the euro area will lead to an increase in the number of members of the Governing Council of the European Central Bank (ECB). There is a need to maintain the Governing Council’s capacity for efficient and timely decision-making in an enlarged euro area, irrespective of the number of Member States that adopt the euro. In order to do so, the number of governors having voting rights will have to be smaller than the overall number of governors in the Governing Council. A rotation system is an equitable, efficient and acceptable way of assigning voting rights among the governors in the Governing Council. A number of 15 voting rights for the governors strikes an appropriate balance between, on the one hand, continuity with the existing set-up including a balanced assignment of voting rights between the six members of the Executive Board and the other members of the Governing Council and, on the other hand, the need to ensure efficient decision-making in a substantially enlarged Governing Council.(2) In view of their appointment at European level by a Treaty procedure and their role at the ECB, the competence of which spans the whole euro area, each member of the Executive Board has to maintain a permanent voting right in the Governing Council.(3) The voting modalities in the Governing Council are adjusted on the basis of Article 10.6 of the Statute. As this Article only concerns amendments to Article 10.2 of the Statute, any adjustment of the voting modalities has no implications for voting on decisions taken in accordance with Articles 10.3, 10.6 and 41.2 of the Statute.(4) Five fundamental principles are reflected in the constitutive elements of the chosen rotation system. The “one member, one vote” principle, which is the Governing Council’s core decision-making principle, continues to apply to all members of the Governing Council having a voting right. All members of the Governing Council continue to participate in its meetings in a personal and independent capacity, irrespective of whether they have a voting right or not. The rotation system is robust in the sense that it is able to accommodate any euro area enlargements up to the currently envisaged maximum number of Member States. Moreover, the rotation system avoids producing situations in which those governors having a voting right are from the national central banks (NCBs) of Member States which, taken together, are perceived as unrepresentative of the euro area economy as a whole. Finally, the rotation system is transparent.(5) The allocation of governors to groups and the assignment of specific numbers of voting rights to these groups are designed to ensure that those governors having a voting right are from the NCBs of Member States which, taken together, are representative of the euro area economy as a whole. Governors will exercise their voting right with different frequencies depending on the relative size of their NCB’s Member State’s economy within the euro area. The allocation of governors to groups is thus dependent on a ranking of their NCB’s Member State based on an indicator with two components: the size of the share of their NCB’s Member State (i) in the aggregate gross domestic product at market prices (hereinafter GDP mp) of the Member States which have adopted the euro; and (ii) in the total aggregated balance sheet of the monetary financial institutions (hereinafter TABS-MFIs) of the Member States which have adopted the euro. The economic weight of a Member State as reflected in its GDP mp is an appropriate component as the impact of central bank decisions is greater in Member States with larger economies than in those with smaller economies. At the same time, the size of a Member State’s financial sector also has a particular relevance for central bank decisions, since the counterparties of central bank operations belong to this sector. A 5/6 weight is attributed to GDP mp and a 1/6 weight to TABS-MFIs. This choice of weights is suitable, as this will mean that the financial sector is sufficiently and meaningfully represented.(6) In order to provide for the smooth introduction of the rotation system, its establishment takes place in two stages. In the first stage the governors will be allocated to two groups as soon as their number exceeds 15. The frequency of voting rights of the governors allocated to the first group will not be lower than the frequency of voting rights of those of the second group. When a significant number of new Member States have entered the euro area, i.e. the number of governors exceeds 21, they will be allocated to three groups. Within each group governors have a voting right for equal amounts of time. The detailed implementing provisions regarding the two principles as well as any possible decision to postpone the start of the rotation system so as to avoid the situation that governors within any group have a voting frequency of 100 % are to be adopted by the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right.(7) The shares of each NCB’s Member State in the aggregate GDP mp and in the TABS-MFIs of the Member States which have adopted the euro are to be adjusted whenever the aggregate GDP mp is adjusted in accordance with Article 29.3 of the Statute or whenever the number of governors in the Governing Council increases. The new shares resulting from the regular adjustments will apply as from the first day of the following year. Upon one or more governors becoming members of the Governing Council, the reference periods to be used to calculate the shares of their respective NCB’s Member State in the aggregate GDP mp and in the TABS-MFI of the Member States which have adopted the euro should be identical to those used for the latest quinquennial adjustment of the shares. The new shares resulting from such non-regular adjustments will apply as from the day on which the governor(s) join(s) the Governing Council. These operational details are part of the implementing provisions to be adopted by the Governing Council,HAS DECIDED AS FOLLOWS:Article 1The Statute of the European System of Central Banks and of the European Central Bank is hereby amended as follows:Article 10.2 of the Statute shall be replaced by the following:”(10.2) Each member of the Governing Council shall have one vote. As from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board shall have one vote and the number of governors with a voting right shall be 15. The latter voting rights shall be assigned and shall rotate as follows:- as from the date on which the number of governors exceeds 15, until it reaches 22, the governors shall be allocated to two groups, according to a ranking of the size of the share of their national central bank’s Member State in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions of the Member States which have adopted the euro. The shares in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions shall be assigned weights of 5/6 and 1/6, respectively. The first group shall be composed of five governors and the second group of the remaining governors. The frequency of voting rights of the governors allocated to the first group shall not be lower than the frequency of voting rights of those of the second group. Subject to the previous sentence, the first group shall be assigned four voting rights and the second group eleven voting rights;- as from the date on which the number of governors reaches 22, the governors shall be allocated to three groups according to a ranking based on the above criteria. The first group shall be composed of five governors and shall be assigned four voting rights. The second group shall be composed of half of the total number of governors, with any fraction rounded up to the nearest integer, and shall be assigned eight voting rights. The third group shall be composed of the remaining governors and shall be assigned three voting rights;- within each group, the governors shall have their voting rights for equal amounts of time;- for the calculation of the shares in the aggregate gross domestic product at market prices Article 29.2 shall apply. The total aggregated balance sheet of the monetary financial institutions shall be calculated in accordance with the statistical framework applying in the European Community at the time of the calculation;- whenever the aggregate gross domestic product at market prices is adjusted in accordance with Article 29.3, or whenever the number of governors increases, the size and/or composition of the groups shall be adjusted in accordance with the above principles;- the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, shall take all measures necessary for the implementation of the above principles and may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.The right to vote shall be exercised in person. By way of derogation from this rule, the Rules of Procedure referred to in Article 12.3 may lay down that members of the Governing Council may cast their vote by means of teleconferencing. These rules shall also provide that a member of the Governing Council who is prevented from attending meetings of the Governing Council for a prolonged period may appoint an alternate as a member of the Governing Council.The provisions of the previous paragraphs are without prejudice to the voting rights of all members of the Governing Council, with and without a voting right, under Articles 10.3, 10.6 and 41.2.Save as otherwise provided for in this Statute, the Governing Council shall act by a simple majority of the members having a voting right. In the event of a tie, the President shall have the casting vote.In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members having a voting right. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.”Article 21. This Decision shall be ratified by all Member States in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.2. This Decision shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory Member State to fulfil that formality.Done at Brussels, 21 March 2003.For the Council, meeting in the composition of the Heads of State or GovernmentThe PresidentC. Simitis(1) Statute laid down by the Protocol annexed to the Treaty establishing the European Community, as amended by the Treaty of Nice.(2) OJ C 29, 7.2.2003, p. 6.(3) Opinion delivered on 13 March 2003 (not yet published in the Official Journal).(4) Opinion delivered on 21 February 2003 (not yet published in the Official Journal).
The Statute of the European System of Central Banks and of the European Central Bank is hereby amended as follows:
.2 of the Statute shall be replaced by the following:
“(10.2) Each member of the Governing Council shall have one vote. As from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board shall have one vote and the number of governors with a voting right shall be 15. The latter voting rights shall be assigned and shall rotate as follows:
– as from the date on which the number of governors exceeds 15, until it reaches 22, the governors shall be allocated to two groups, according to a ranking of the size of the share of their national central bank’s Member State in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions of the Member States which have adopted the euro. The shares in the aggregate gross domestic product at market prices and in the total aggregated balance sheet of the monetary financial institutions shall be assigned weights of 5/6 and 1/6, respectively. The first group shall be composed of five governors and the second group of the remaining governors. The frequency of voting rights of the governors allocated to the first group shall not be lower than the frequency of voting rights of those of the second group. Subject to the previous sentence, the first group shall be assigned four voting rights and the second group eleven voting rights;
– as from the date on which the number of governors reaches 22, the governors shall be allocated to three groups according to a ranking based on the above criteria. The first group shall be composed of five governors and shall be assigned four voting rights. The second group shall be composed of half of the total number of governors, with any fraction rounded up to the nearest integer, and shall be assigned eight voting rights. The third group shall be composed of the remaining governors and shall be assigned three voting rights;
– within each group, the governors shall have their voting rights for equal amounts of time;
– for the calculation of the shares in the aggregate gross domestic product at market prices Article 29.2 shall apply. The total aggregated balance sheet of the monetary financial institutions shall be calculated in accordance with the statistical framework applying in the European Community at the time of the calculation;
– whenever the aggregate gross domestic product at market prices is adjusted in accordance with Article 29.3, or whenever the number of governors increases, the size and/or composition of the groups shall be adjusted in accordance with the above principles;
– the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, shall take all measures necessary for the implementation of the above principles and may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.
The right to vote shall be exercised in person. By way of derogation from this rule, the Rules of Procedure referred to in Article 12.3 may lay down that members of the Governing Council may cast their vote by means of teleconferencing. These rules shall also provide that a member of the Governing Council who is prevented from attending meetings of the Governing Council for a prolonged period may appoint an alternate as a member of the Governing Council.
The provisions of the previous paragraphs are without prejudice to the voting rights of all members of the Governing Council, with and without a voting right, under Articles 10.3, 10.6 and 41.2.
Save as otherwise provided for in this Statute, the Governing Council shall act by a simple majority of the members having a voting right. In the event of a tie, the President shall have the casting vote.
In order for the Governing Council to vote, there shall be a quorum of two-thirds of the members having a voting right. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.”
1. This Decision shall be ratified by all Member States in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.
2. This Decision shall enter into force on the first day of the second month following that in which the instrument of ratification is deposited by the last signatory Member State to fulfil that formality.
Done at Brussels, 21 March 2003.
For the Council, meeting in the composition of the Heads of State or Government
The President
(1) Statute laid down by the Protocol annexed to the Treaty establishing the European Community, as amended by the Treaty of Nice.
(2) OJ C 29, 7.2.2003, p. 6.
(3) Opinion delivered on 13 March 2003 (not yet published in the Official Journal).
(4) Opinion delivered on 21 February 2003 (not yet published in the Official Journal).

Pending: 32003D0153

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Council Directive 2002/33/EC(2), and, in particular, Article 10 thereof,Whereas:(1) During the night of 28 February to 1 March 2003 the veterinary authorities of the Netherlands informed the Commission about a strong suspicion of avian influenza in several poultry flocks in the province of Gelderland.(2) Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry.(3) The Dutch authorities have immediately, before the official confirmation of the disease, implemented the measures foreseen in Council Directive 92/40/EEC(3) introducing Community measures for the control of avian influenza while further confirmatory diagnostic procedures are carried out.(4) In addition, the Netherlands in cooperation with the Commission, have put in place a nationwide standstill for transport of live poultry and hatching eggs, which includes a prohibition of dispatch of live poultry and hatching eggs to Member States and third countries. However, in view of the specificity of poultry production, movements of day-old chicks and poultry for immediate slaughter may be authorised within the Netherlands.(5) These measures should be adopted at Community level for the sake of clarity and transparency.(6) The situation shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 5 March 2003,

Article 1
1. Without prejudice to the measures taken by the Netherlands within the framework of Council Directive 92/40/EEC(4) within the surveillance zones, the Dutch veterinary authorities shall ensure that:
(a) no live poultry and hatching eggs are dispatched from the Netherlands to other Member States and to third countries;
(b) no live poultry and hatching eggs are transported within the Netherlands.
2. By derogation from paragraph 1(b), the competent veterinary authority, taking all appropriate bio-security measures to avoid the spread of the disease, may authorise as from 4 March the transport of:
(a) poultry for immediate slaughter to a slaughterhouse that has been designated by the competent authority;
(b) day-old chicks to a holding under official control.

Article 2
The measures of this Decision are applicable until 24.00 on 6 March 2003.

Article 3
Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 3 March 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 167, 22.6.1992, p. 1.
(4) OJ L 167, 22.6.1992, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market(1), as last amended by Council Directive 2002/33/EC(2), and, in particular, Article 10 thereof,Whereas:(1) During the night of 28 February to 1 March 2003 the veterinary authorities of the Netherlands informed the Commission about a strong suspicion of avian influenza in several poultry flocks in the province of Gelderland.(2) Avian influenza is a highly contagious poultry disease that can pose a serious threat for the poultry industry.(3) The Dutch authorities have immediately, before the official confirmation of the disease, implemented the measures foreseen in Council Directive 92/40/EEC(3) introducing Community measures for the control of avian influenza while further confirmatory diagnostic procedures are carried out.(4) In addition, the Netherlands in cooperation with the Commission, have put in place a nationwide standstill for transport of live poultry and hatching eggs, which includes a prohibition of dispatch of live poultry and hatching eggs to Member States and third countries. However, in view of the specificity of poultry production, movements of day-old chicks and poultry for immediate slaughter may be authorised within the Netherlands.(5) These measures should be adopted at Community level for the sake of clarity and transparency.(6) The situation shall be reviewed at the meeting of the Standing Committee on the Food Chain and Animal Health scheduled for 5 March 2003,
1. Without prejudice to the measures taken by the Netherlands within the framework of Council Directive 92/40/EEC(4) within the surveillance zones, the Dutch veterinary authorities shall ensure that:
(a) no live poultry and hatching eggs are dispatched from the Netherlands to other Member States and to third countries;
(b) no live poultry and hatching eggs are transported within the Netherlands.
2. By derogation from paragraph 1(b), the competent veterinary authority, taking all appropriate bio-security measures to avoid the spread of the disease, may authorise as from 4 March the transport of:
(a) poultry for immediate slaughter to a slaughterhouse that has been designated by the competent authority;
(b) day-old chicks to a holding under official control.
The measures of this Decision are applicable until 24.00 on 6 March 2003.
Member States shall amend the measures which they apply to trade so as to bring them into compliance with this Decision. They shall immediately inform the Commission thereof.
This Decision is addressed to the Member States.
Done at Brussels, 3 March 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 29.
(2) OJ L 315, 19.11.2002, p. 14.
(3) OJ L 167, 22.6.1992, p. 1.
(4) OJ L 167, 22.6.1992, p. 1.

Pending: 32003D0135

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(1), and in particular Article 16(1), Article 20(2), Article 25(3) and Article 29(2) thereof,Whereas:(1) In the last decade classical swine fever was confirmed in the feral pig population in Germany in the federal States of Baden-Württemberg, Brandenburg, Lower-Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Saxony Anhalt.(2) Plans to eradicate classical swine fever in the feral pig population of Baden-Württemberg, Brandenburg, Lower-Saxony, Mecklenburg-Western Pomerania, Rhineland-Palatinate and Saxony Anhalt were approved by Commission Decisions 1999/39/EC of 21 December 1998 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Brandenburg, Mecklenburg-Western Pomerania, and Lower Saxony and repealing Commission Decision 96/552/EC(2), 1999/335/EC of 7 May 1999 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Baden Württemberg and Rhineland-Palatinate(3) and Commission Decision 2000/281/EC of 31 March 2000 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Saxony-Anhalt(4).(3) Plans for the eradication of classical swine fever in feral pigs in North Rhine-Westphalia and for the emergency vaccination of feral pigs against classical swine fever in North Rhine-Westphalia, Rhineland-Palatinate and Saarland were approved by Commission Decision 2002/161/EC of 22 February 2002 approving the plans submitted by Germany for the eradication of classical swine fever in feral pigs in Rhineland-Pfalz and Saarland(5), as last amended by Decision 2002/791/EC(6).(4) Germany has submitted information suggesting that classical swine fever has been successfully eradicated from Baden-Württemberg, Brandenburg, Mecklenburg-Western Pomerania and Saxony Anhalt. It is therefore appropriate to repeal the measures adopted by the Commission to control the disease in these areas of Germany.(5) Measures to control classical swine fever are still necessary in Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland.(6) Germany has submitted updated plans for the eradication of classical swine fever in feral pigs from Lower-Saxony and Rhineland-Palatinate to bring them in line with Directive 2001/89/EC.(7) In the light of the epidemiological situation, Germany has submitted an amended plan for the emergency vaccination of feral pigs in Rhineland-Palatinate and a plan for the emergency vaccination of feral pigs in Lower-Saxony.(8) The newly submitted plans for eradication and emergency vaccination have been examined and found to comply with the provisions of Directive 2001/89/EC.(9) The German authorities have authorised the use of a live attenuated vaccine against classical swine fever (C strain) to be used for the immunisation of feral pigs by means of oral baits.(10) The German authorities will continue an intensive surveillance on classical swine fever in feral pigs throughout Germany in the framework of the programme for the eradication and monitoring of classical swine fever approved by Commission Decision 2002/943/EC of 28 November 2002 approving programmes for the eradication and monitoring of certain animal diseases and for the prevention of zoonoses presented by the Member States for the year 2003(7).(11) The German authorities have undertaken: (i) to keep under continuous review the measures in place to control classical swine fever in Germany in strict cooperation with the Commission services, in the light of the evolution in the epidemiological situation; (ii) to take into full account the findings and recommendations of the inspection of the Commission’s Food and Veterinary Office, which has been carried out in Rhineland-Palatinate in January 2003(8); and (iii) to improve the collection of demographic data on the feral pigs and the epidemiological information on which the eradication and vaccination plans which are approved by this Decision are based. The German authorities shall amend the plans approved by this Decision and submit them to the Commission for further approval, as necessary.(12) Classical swine fever has been confirmed in the feral pig population in France, at the border with Germany. The eradication plan submitted by France was approved by Commission Decision 2002/626/EC of 25 July 2002 approving the plan submitted by France for the eradication of classical swine fever from feral pigs in Moselle and Meurthe-et-Moselle(9).(13) For the sake of clarity it is appropriate to adopt a single Decision: (i) confirming the approval of the plans submitted by Germany for the eradication of classical swine fever in feral pigs in North Rhine-Westphalia and Saarland; (ii) approving the newly submitted plans for the eradication of classical swine fever in feral pigs from Lower-Saxony and Rhineland-Palatinate; (iii) confirming the approval of the plans for the emergency vaccination of feral pigs against classical swine fever in North Rhine-Westphalia and Saarland; (iv) approving the newly submitted plans for the emergency vaccination of feral pigs against classical swine fever in Lower-Saxony and Rhineland-Palatinate; (v) establishing conditions to ensure, in the border areas concerned, the consistency of the measures to be implemented by Germany with the measures applied by France; and (vi) repealing Decisions 1999/39/EC, 1999/335/EC, 2000/281/EC and 2002/161/EC.(14) For the sake of transparency it is appropriate indicate in the present Decision the geographical areas where the eradication and emergency vaccination plans shall be implemented.(15) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
The plans submitted by Germany for the eradication of classical swine fever in feral pigs in Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland are approved.

Article 2
The plans submitted by Germany for the emergency vaccination of feral pigs against classical swine fever in Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland are approved.

Article 3
Germany shall bring into force the laws, regulations and administrative provisions for implementing the plans referred to in Articles 1 and 2 in the areas referred to in the Annex.

Article 4
Germany shall adopt appropriate measures in a strip of its territory with a width of not less than 20 km from the border between Rhineland-Palatinate and France in order to:
(a) reduce as much as possible disturbance to the feral pig population causing long distance movements of feral pigs out of the area in question, taking into account natural and artificial barriers; and
(b) decrease the density of the feral pig population.
The above measures shall be adopted by Germany in coordination and cooperation with the French authorities. They shall include regulation of hunting procedures, or, if necessary, suspension of hunting.

Article 5
Decisions 1999/39/EC, 1999/335/EC, 2000/281/EC and 2002/161/EC are repealed.

Article 6
This Decision is addressed to Germany and to France.
Done at Brussels, 27 February 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 316, 1.12.2001, p. 5.
(2) OJ L 11, 16.1.1999, p. 47.
(3) OJ L 126, 20.5.1999, p. 21.
(4) OJ L 92, 31.3.2000, p. 27.
(5) OJ L 53, 23.2.2002, p. 43.
(6) OJ L 274, 11.10.2002, p. 40.
(7) OJ L 326, 3.12.2002, p. 12.
(8) On the date of the adoption of this Decision the report of this mission is still to be finalised.
(9) OJ L 200, 30.7.2002, p. 37.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(1), and in particular Article 16(1), Article 20(2), Article 25(3) and Article 29(2) thereof,Whereas:(1) In the last decade classical swine fever was confirmed in the feral pig population in Germany in the federal States of Baden-Württemberg, Brandenburg, Lower-Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Saxony Anhalt.(2) Plans to eradicate classical swine fever in the feral pig population of Baden-Württemberg, Brandenburg, Lower-Saxony, Mecklenburg-Western Pomerania, Rhineland-Palatinate and Saxony Anhalt were approved by Commission Decisions 1999/39/EC of 21 December 1998 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Brandenburg, Mecklenburg-Western Pomerania, and Lower Saxony and repealing Commission Decision 96/552/EC(2), 1999/335/EC of 7 May 1999 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Baden Württemberg and Rhineland-Palatinate(3) and Commission Decision 2000/281/EC of 31 March 2000 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Saxony-Anhalt(4).(3) Plans for the eradication of classical swine fever in feral pigs in North Rhine-Westphalia and for the emergency vaccination of feral pigs against classical swine fever in North Rhine-Westphalia, Rhineland-Palatinate and Saarland were approved by Commission Decision 2002/161/EC of 22 February 2002 approving the plans submitted by Germany for the eradication of classical swine fever in feral pigs in Rhineland-Pfalz and Saarland(5), as last amended by Decision 2002/791/EC(6).(4) Germany has submitted information suggesting that classical swine fever has been successfully eradicated from Baden-Württemberg, Brandenburg, Mecklenburg-Western Pomerania and Saxony Anhalt. It is therefore appropriate to repeal the measures adopted by the Commission to control the disease in these areas of Germany.(5) Measures to control classical swine fever are still necessary in Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland.(6) Germany has submitted updated plans for the eradication of classical swine fever in feral pigs from Lower-Saxony and Rhineland-Palatinate to bring them in line with Directive 2001/89/EC.(7) In the light of the epidemiological situation, Germany has submitted an amended plan for the emergency vaccination of feral pigs in Rhineland-Palatinate and a plan for the emergency vaccination of feral pigs in Lower-Saxony.(8) The newly submitted plans for eradication and emergency vaccination have been examined and found to comply with the provisions of Directive 2001/89/EC.(9) The German authorities have authorised the use of a live attenuated vaccine against classical swine fever (C strain) to be used for the immunisation of feral pigs by means of oral baits.(10) The German authorities will continue an intensive surveillance on classical swine fever in feral pigs throughout Germany in the framework of the programme for the eradication and monitoring of classical swine fever approved by Commission Decision 2002/943/EC of 28 November 2002 approving programmes for the eradication and monitoring of certain animal diseases and for the prevention of zoonoses presented by the Member States for the year 2003(7).(11) The German authorities have undertaken: (i) to keep under continuous review the measures in place to control classical swine fever in Germany in strict cooperation with the Commission services, in the light of the evolution in the epidemiological situation; (ii) to take into full account the findings and recommendations of the inspection of the Commission’s Food and Veterinary Office, which has been carried out in Rhineland-Palatinate in January 2003(8); and (iii) to improve the collection of demographic data on the feral pigs and the epidemiological information on which the eradication and vaccination plans which are approved by this Decision are based. The German authorities shall amend the plans approved by this Decision and submit them to the Commission for further approval, as necessary.(12) Classical swine fever has been confirmed in the feral pig population in France, at the border with Germany. The eradication plan submitted by France was approved by Commission Decision 2002/626/EC of 25 July 2002 approving the plan submitted by France for the eradication of classical swine fever from feral pigs in Moselle and Meurthe-et-Moselle(9).(13) For the sake of clarity it is appropriate to adopt a single Decision: (i) confirming the approval of the plans submitted by Germany for the eradication of classical swine fever in feral pigs in North Rhine-Westphalia and Saarland; (ii) approving the newly submitted plans for the eradication of classical swine fever in feral pigs from Lower-Saxony and Rhineland-Palatinate; (iii) confirming the approval of the plans for the emergency vaccination of feral pigs against classical swine fever in North Rhine-Westphalia and Saarland; (iv) approving the newly submitted plans for the emergency vaccination of feral pigs against classical swine fever in Lower-Saxony and Rhineland-Palatinate; (v) establishing conditions to ensure, in the border areas concerned, the consistency of the measures to be implemented by Germany with the measures applied by France; and (vi) repealing Decisions 1999/39/EC, 1999/335/EC, 2000/281/EC and 2002/161/EC.(14) For the sake of transparency it is appropriate indicate in the present Decision the geographical areas where the eradication and emergency vaccination plans shall be implemented.(15) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
The plans submitted by Germany for the eradication of classical swine fever in feral pigs in Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland are approved.
The plans submitted by Germany for the emergency vaccination of feral pigs against classical swine fever in Lower-Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland are approved.
Germany shall bring into force the laws, regulations and administrative provisions for implementing the plans referred to in Articles 1 and 2 in the areas referred to in the Annex.
Germany shall adopt appropriate measures in a strip of its territory with a width of not less than 20 km from the border between Rhineland-Palatinate and France in order to:
(a) reduce as much as possible disturbance to the feral pig population causing long distance movements of feral pigs out of the area in question, taking into account natural and artificial barriers; and
(b) decrease the density of the feral pig population.
The above measures shall be adopted by Germany in coordination and cooperation with the French authorities. They shall include regulation of hunting procedures, or, if necessary, suspension of hunting.
Decisions 1999/39/EC, 1999/335/EC, 2000/281/EC and 2002/161/EC are repealed.
This Decision is addressed to Germany and to France.
Done at Brussels, 27 February 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 316, 1.12.2001, p. 5.
(2) OJ L 11, 16.1.1999, p. 47.
(3) OJ L 126, 20.5.1999, p. 21.
(4) OJ L 92, 31.3.2000, p. 27.
(5) OJ L 53, 23.2.2002, p. 43.
(6) OJ L 274, 11.10.2002, p. 40.
(7) OJ L 326, 3.12.2002, p. 12.
(8) On the date of the adoption of this Decision the report of this mission is still to be finalised.
(9) OJ L 200, 30.7.2002, p. 37.
1. AREAS WHERE ERADICATION PLANS ARE IN PLACE:
(A) Lower-Saxony
In the Kreis Rotenburg: the gemeinde Sottrum, Bothel, Rotenburg and Visselhövede;
in the Kreis Soltau-Fallingbostel: the gemeinde Ahlden, Schwarmstedt-Essel, Wietzendorf, Bomlitz, Fallingbostel, Walsrode, Schneverdingen; Neuenkirchen, Soltau and Essel;
in the Kreis Verden: the gemeinde Achim, Ottersberg, Langwedel, Verden and Kirchlinteln.
(B) North Rhine-Westphalia
In the Kreis Euskirchen: the gemeinde Schleiden, Dahlem, Blankenheim, Bad Muenstereifel, Euskirchen, Hellenthal, Kall; Mechernich, Nettersheim and Zuelpich;
in the Kreis Rhein-Sieg: the gemeinde Rheinbach, Swisttal and Meckenheim;
city of Aachen;
in the Kreis Aachen: Monschau, Stollberg, Simmerath and Roetgen;
in the Kreis Dueren: Heimbach, Nideggen, Huertgenwald and Langerwehe.
(C) Rhineland-Palatinate
The Kreise: Ahrweiler, Bad Dürkheim, Bernkastel-Wittlich, Bitburg-Prüm, Cochem-Zell, Daun, Donnersbergkreis and Südliche Weinstraße;
in the Kreis Trier-Saarburg: the area east of the river Saar;
in the Kreis Mayen-Koblenz: the area west of the river Rhein;
the Cities of: Alzey, Landau, Kaiserslautern, Neustadt an der Weinstraße, Pirmasens, Speyer and Trier;
in the City of Koblenz: the area west of the river Rhein;
in the Kreis Birkenfeld: the gemeinde Baumholder and Truppenübungsplatz Baumholder, Birkenfeld, Rhaunen; in the gemeinde Herrstein: the municipalities Allenbach, Bruchweiler, Kempfeld, Langweiler, Sensweiler and Wirschweiler;
in the Kreis Rhein-Hunsrück-Kreis: the gemeinde Boppard, Verbandsgemeinde Emmelshausen, Kastellaun, Kirchberg; in the gemeinde Rheinböllen: the municipalities Benzweiler, Kisselbach, Liebshausen and Steinbach; the gemeinde Simmern and St. Goar-Oberwesel;
in the Kreis Alzey-Worms: the municipalities Stein-Bockenheim, Wonsheim, Siefersheim, Wöllstein, Gumbsheim, Eckelsheim, Wendelsheim, Nieder-Wiesen, Nack, Erbes-Büdesheim, Flonheim, Bornheim, Lonsheim, Bermersheim vor der Höhe, Albig, Bechenheim, Offenheim, Mauchenheim, Freimersheim, Wahlheim, Kettenheim, Esselborn, Dintesheim, Flomborn, Eppelsheim, Ober-Flörsheim, Hangen-Weisheim, Gundersheim, Bermersheim, Gundheim, Framersheim, Gau-Heppenheim the gemeinde Monsheim and Alzey;
in the Kreis Bad Kreuznach: the municipalities Becherbach, Reiffelbach, Schmittweiler, Callbach, Meisenheim, Breitenheim, Rehborn, Lettweiler, Odernheim a. Glan, Oberhausen a. d. Nahe, Duchroth, Hallgarten, Feilbingert, Hochstätten, Niederhausen, Norheim, Bad Münster a. Stein-Ebernburg, Altenbamberg, Fürfeld, Tiefenthal, Neu-Bamberg and Frei-Laubersheim;
in the Kreis Germersheim: the gemeinde Lingenfeld, Bellheim and Germersheim;
in the Kreis Kaiserslautern: the gemeinde Weilerbach, Otterbach, Otterberg, Enkenbach-Alsenborn, Hochspeyer, Kaiserslautern-Süd, Landstuhl, Bruchmühlbach-Miesau; the municipalities Hütschenhausen, Ramstein-Miesenbach, Steinwenden and Kottweiler-Schwanden;
in the Kreis Kusel: the municipalities Odenbach, Adenbach, Cronenberg, Ginsweiler, Hohenöllen, Lohnweiler, Heinzenhausen, Nussbach, Reipoltskirchen, Hefersweiler, Relsberg, Einöllen, Oberweiler-Tiefenbach, Wolfstein, Kreimbach-Kaulbach, Rutsweiler a.d. Lauter, Rothselberg, Jettenbach and Bosenbach;
in the Kreis Ludwigshafen: the gemeinde Dudenhofen, Waldsee, Böhl-Iggelheim, Schifferstadt, Römerberg and Altrip;
In the Kreis Südwestpfalz: the gemeinde Waldfischbach-Burgalben, Rodalben, Hauenstein, Dahner-Felsenland, Pirmasens-Land, Thaleischweiler-Fröschen; the municipalities Schmitshausen, Herschberg, Schauerberg, Weselberg, Obernheim-Kirchenarnbach, Hettenhausen, Saalstadt, Wallhalben and Knopp-Labach.
(D) Saarland
In the Kreis Merzig-Wadern: the gemeinde Mettlach, Merzig, Beckingen, Losheim, Weiskirchen and Wadern;
in the Kreis Saarlouis: the gemeinde Dillingen, Bous, Ensdorf, Schwalbach, Saarwellingen, Nalbach, Lebach, Schmelz and Saarlouis;
in the Kreis Sankt Wendel: the gemeinde Nonnweiler, Nohfelden and Tholey.
2. AREAS WHERE THE EMERGENCY VACCINATION IS APPLIED
(A) Lower-Saxony
In the Kreis Rotenburg: the gemeinde Sottrum, Bothel, Rotenburg and Visselhövede;
in the Kreis Soltau-Fallingbostel: the gemeinde Ahlden, Schwarmstedt-Essel, Wietzendorf, Bomlitz, Fallingbostel, Walsrode, Schneverdingen; Neuenkirchen, Soltau and Essel;
in the Kreis Verden: the gemeinde Achim, Ottersberg, Langwedel, Verden and Kirchlinteln.
(B) North Rhine-Westphalia
in the Kreis Euskirchen: the gemeinde Schleiden, Dahlem, Blankenheim, Bad Muenstereifel, Euskirchen, Hellenthal; Kall, Mechernich and Nettersheim;
In the Kreis Rhein-Sieg: the gemeinde Rheinbach, Swisttal and Meckenheim;
the City of Aachen;
in the Kreis Aachen: the gemeinde Monschau, Stollberg, Simmerath and Roetgen;
in the Kreis Dueren: the gemeinde Heimbach, Nideggen, Huertgenwald and Langerwehe.
(C) Rhineland-Palatinate
The Kreise Ahrweiler, Bernkastel-Wittlich, Bitburg-Pruem, Cochem-Zell, Daun and Trier;
in the Kreis Trier-Saarburg: all areas east of the river Saar;
in the City of Koblenz and the Kreis Mayen-Koblenz: all areas west of the river Rhein;
in the Kreis Birkenfeld: the gemeinde Baumholder and Truppenuebungsplatz Baumholder, gemeinde Birkenfeld and Rhaunen; municipalities Allenbach, Bruchweiler, Kempfeld, Langweiler, Sensweiler and Wirschweiler;
in the Kreis Rhein-Hunsrueck: the gemeinde Boppard, Emmelshausen, Kastellaun, Kirchberg, Simmern and St. Goar-Oberwesel; the municipalities Benzweiler, Kisselbach, Liebshausen and Steinbach;
the Kreise Bad Duerkheim, Donnersbergkreis and Suedliche Weinstrasse;
the Cities Speyer, Neustadt a.d.W., Landau, Pirmasens and Kaiserslautern;
in the Kreis Alzey-Worms: the municipalities Stein-Bockenheim, Wonsheim, Siefersheim, Woellstein, Gumbsheim, Eckelsheim, Wendelsheim, Nieder-Wiesen, Nack, Erbes-Buedesheim, Flonheim, Bornheim, Lonsheim, Bermersheim vor der Hoehe, Albig, Bechenheim, Offenheim, Mauchenheim, Freimersheim, Wahlheim, Kettenheim, Esselborn, Dintesheim, Flomborn, Eppelsheim, Ober-Floersheim, Hangen-Weinsheim, Gundersheim, Bermersheim and Gundheim, gemeinde Monsheim and Alzey;

Pending: 32003D0070

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,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), as last amended by Directive 96/43/EC(2), and in particular Article 18(7) 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(3), and in particular Article 22(6) thereof,Whereas:(1) The occurrence of infectious salmon anaemia (ISA) in Norway, led to the adoption of Commission Decision 1999/766/EC of 28 July 1999 on certain protective measures in respect of infectious salmon anaemia (ISA) in salmonids in Norway(4), as last amended by Decision 2002/109/EC(5). The measures include a ban on imports into the Community of live salmon and stringent conditions for the importation of certain products for human consumption. Those measures apply until 1 February 2003.(2) Despite the measures undertaken by Norway, further outbreaks of ISA were notified by that state in 2002, and a rapid eradication of that disease cannot therefore be envisaged.(3) The International Office of Epizootic Diseases (IOE), has given an opinion stating that there is no evidence of vertical transmission of ISA virus.(4) On the basis of the opinion of the IOE, and the experience and practice of Member States and third countries affected by ISA, it has not been demonstrated that it is necessary to retain the protective measures provided for in Decision 1999/766/EC relating to eggs and gametes of the family Salmonidae coming from a farm in Norway that is not under animal health restrictions due to a suspicion or an outbreak of infectious salmon anaemia, and it is thus appropriate to replace the measures by those contained in this Decision and Decision 1999/766/EC should accordingly be repealed.(5) In light of the disease situation in Norway, the protective measures contained in this Decision should remain applicable until February 2004.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
Live fish, eggs and gametes belonging to the family Salmonidae
1. Member States shall prohibit imports of live fish belonging to the family Salmonidae originating in Norway.
2. Member States shall prohibit imports of live eggs of fish belonging to the family Salmonidae originating in Norway, unless they have been disinfected twice, both at the green egg stage and the eyed egg stage, and subject to the consignments being accompanied by a certificate in accordance with the model laid down in Annex I of this Decision.
3. Member States shall authorise the import of live gametes of fish belonging to the family Salmonidae originating in Norway.

Article 2
Conditions for the import of non-processed slaughtered fish belonging to the family Salmonidae for human consumption
Member States shall authorise import of slaughtered Atlantic salmon (Salmo salar), sea trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss) originating in Norway provided that they are eviscerated, or when they are non-eviscerated, provided that the consignments are accompanied by a certificate in accordance with the model laid down in Annex II of this Decision.

Article 3
Derogation for scientific purposes
By way of derogation, Member States may allow the importation into their territory of samples of the animals and products covered by the present Decision for scientific purposes.

Article 4
Decision 1999/766/EC is repealed.

Article 5
The Member States shall amend the measures they apply in trade in order to bring them into conformity with this Decision. They shall forthwith inform the Commission thereof.

Article 6
This Decision shall apply from 3 February 2003 until 1 February 2004.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 29 January 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 162, 1.7.1996, p. 1.
(3) OJ L 24, 30.1.1998, p. 9.
(4) OJ L 302, 25.11.1999, p. 23.
(5) OJ L 40, 12.2.2002, p. 12.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,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), as last amended by Directive 96/43/EC(2), and in particular Article 18(7) 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(3), and in particular Article 22(6) thereof,Whereas:(1) The occurrence of infectious salmon anaemia (ISA) in Norway, led to the adoption of Commission Decision 1999/766/EC of 28 July 1999 on certain protective measures in respect of infectious salmon anaemia (ISA) in salmonids in Norway(4), as last amended by Decision 2002/109/EC(5). The measures include a ban on imports into the Community of live salmon and stringent conditions for the importation of certain products for human consumption. Those measures apply until 1 February 2003.(2) Despite the measures undertaken by Norway, further outbreaks of ISA were notified by that state in 2002, and a rapid eradication of that disease cannot therefore be envisaged.(3) The International Office of Epizootic Diseases (IOE), has given an opinion stating that there is no evidence of vertical transmission of ISA virus.(4) On the basis of the opinion of the IOE, and the experience and practice of Member States and third countries affected by ISA, it has not been demonstrated that it is necessary to retain the protective measures provided for in Decision 1999/766/EC relating to eggs and gametes of the family Salmonidae coming from a farm in Norway that is not under animal health restrictions due to a suspicion or an outbreak of infectious salmon anaemia, and it is thus appropriate to replace the measures by those contained in this Decision and Decision 1999/766/EC should accordingly be repealed.(5) In light of the disease situation in Norway, the protective measures contained in this Decision should remain applicable until February 2004.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
Live fish, eggs and gametes belonging to the family Salmonidae
1. Member States shall prohibit imports of live fish belonging to the family Salmonidae originating in Norway.
2. Member States shall prohibit imports of live eggs of fish belonging to the family Salmonidae originating in Norway, unless they have been disinfected twice, both at the green egg stage and the eyed egg stage, and subject to the consignments being accompanied by a certificate in accordance with the model laid down in Annex I of this Decision.
3. Member States shall authorise the import of live gametes of fish belonging to the family Salmonidae originating in Norway.
Conditions for the import of non-processed slaughtered fish belonging to the family Salmonidae for human consumption
Member States shall authorise import of slaughtered Atlantic salmon (Salmo salar), sea trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss) originating in Norway provided that they are eviscerated, or when they are non-eviscerated, provided that the consignments are accompanied by a certificate in accordance with the model laid down in Annex II of this Decision.
Derogation for scientific purposes
By way of derogation, Member States may allow the importation into their territory of samples of the animals and products covered by the present Decision for scientific purposes.
Decision 1999/766/EC is repealed.
The Member States shall amend the measures they apply in trade in order to bring them into conformity with this Decision. They shall forthwith inform the Commission thereof.
This Decision shall apply from 3 February 2003 until 1 February 2004.
This Decision is addressed to the Member States.
Done at Brussels, 29 January 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 162, 1.7.1996, p. 1.
(3) OJ L 24, 30.1.1998, p. 9.
(4) OJ L 302, 25.11.1999, p. 23.
(5) OJ L 40, 12.2.2002, p. 12.
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Pending: 32003D0056

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/132/EC of 17 December 1996 on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products(1), as last amended by Decision 2002/957/EC(2), and in particular Article 4 thereof,Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon the importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3), as last amended by Council Regulation (EC) No 1452/2001(4), and in particular Article 11(2) and Article 22(2) thereof, and the corresponding provisions of the other Directives establishing sanitary conditions and models of certificates for the importation of live animals and animal products from third countries,Whereas:(1) Council Decision 97/132/EC provides for the adoption of guarantees for the importation of fresh meat and meat based products from New Zealand equivalent to those laid down in Council Directive 72/462/EEC.(2) Annex V to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (the Agreement) establishes the public health and animal health measures for fresh meat and meat based products and for certain other animal products from New Zealand for which equivalence has been determined.(3) By its Decision 2002/957/EC amending Annexes V and VII to the Agreement, the Council has determined the equivalence of certification systems for fresh meat and meat based products and for certain other animal products from New Zealand. Such equivalence should be implemented by laying down the models of the official health certificates to allow the importation of those products on that basis.(4) Under Annex VII to the Agreement, the full equivalence of measures is the equivalence of animal health and/or public health measures as appropriate and of certification systems, without prejudice to certification requirements not covered by the Agreement.(5) Annex VII to the Agreement provides for model health attestations to be included in the official health certificate for live animals and animal products for which full equivalence of measures has been agreed.(6) Full equivalence has been determined for certain animal products with respect to animal health and public health and for certification systems. However, full equivalence for other animal products has been determined only for either animal or for public health measures and for certification systems. Therefore, it is necessary to maintain several models of official health certificates. These official health certificates should replace those laid down in accordance with Community legislation for the importation of the relevant animal products from New Zealand.(7) For other animal products and for live animals full equivalence has not been determined. For those animal products and for live animals, the importation should be allowed on the basis of official health certificates in accordance with existing Community legislation or prevailing national health conditions of the Member States pending adoption of harmonised import conditions.(8) As provided for in Annex V to the Agreement, the additional guarantees for the importation of certain animal products intended for certain Member States, should be provided by New Zealand in the form of a declaration to be included in the official health certificate. The additional declaration concerning transmissible spongiform encephalopathies should also be provided by New Zealand for certain products of animal origin.(9) As provided for in Annex VII to the Agreement, the certification for consignments of commodities for which full equivalence has been agreed may be issued after departure of the consignment from New Zealand under certain conditions.(10) As provided for in Annex VII to the Agreement the official health certificate should be issued in English as well as in one of the languages of the Member State of arrival.(11) It is also appropriate to establish for New Zealand certain other additional certification requirements.(12) Animal products imported into New Zealand and subsequently exported to the Community after storage or re-processing in New Zealand, should comply with Community rules relating to those products. An official health certificate should therefore be established for those products.(13) Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing(5) provides for official health certificates for meat to be supplemented by an attestation certifying that certain animals referred to in that Directive have been slaughtered under conditions which offer guarantees of humane treatment at least equivalent to those provided for in that Directive. This attestation should be included in the corresponding models of the official health certificates.(14) Council Decision 97/131/CE of 17 December 1996 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products(6) approved an agreement in the form of an exchange of letters concerning the provisional application of the Agreement, whereby, until the entry into force of the Agreement, the certification conditions applicable as at 31 December 1996 should continue to apply. It is therefore necessary to repeal Decision 80/805/EC of 25 July 1980 concerning animal health conditions and veterinary certification for the importation of fresh meat from New Zealand(7), and to ensure that the date of application of this Decision corresponds with the date on which the Agreement enters into force.(15) To facilitate a smooth changeover from the existing official health certificates, provision should be made for a transitional period.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

Article 1
1. The Member States shall authorise the importation from New Zealand of the live animals and animal products, set out in Annex I, provided that they meet the certification requirements referred to in that Annex, and where required, are accompanied by an official health certificate issued before departure of the consignment from New Zealand, in accordance with one of the following models:
(a) where equivalence has been established, the model referred to in Annex I as set out in Annexes II to V;
(b) in other cases, the models set out in the Annexes to the acts referred to in Annex I.
2. The official health certificate(s) for the live animals and animal products referred to in Annex VI shall bear the additional declaration(s) referred to in that Annex where the Member State of destination of the consignment is Finland or Sweden.
3. By way of derogation from the provisions of paragraph 1, official health certificates issued in accordance with the models set out in Annexes II to V may be issued after departure of the consignment from New Zealand provided that:
(a) they are available at arrival in the border inspection post; and
(b) the certifying officer has declared in writing to have certified the consignment on the basis of the New Zealand eligibility document(s), which were ascertained by him or her and which were issued prior to the departure of the consignment.
4. Pending the adoption of harmonised importation rules the national health requirements prevailing in Member States shall remain applicable for animals and animal products where it is so mentioned in Annex I.

Article 2
Where the consignment is presented for veterinary inspection, the official health certificate shall be provided in the English language as well as in one of the official languages of the Member State in which the border inspection post where the consignment is presented is situated.

Article 3
The official health certificate(s) for the animal products listed in Annex I shall bear the additional declaration(s) described in Annex VI where they have been imported from a third country into New Zealand and are subsequently exported to the Community.

Article 4
For a transitional period not exceeding 90 days from the date of application of this decision, Member States shall authorise the importation of live animals and animal products set out in Annex I under the models of certificates previously applicable.

Article 5
Commission Decision 80/805/EEC is repealed.

Article 6
This Decision shall apply from 1 February 2003.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 24 January 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 57, 26.2.1997, p. 4.
(2) OJ L 333, 10.12.2002, p. 13.
(3) OJ L 302, 31.12.1972, p. 24.
(4) OJ L 198, 21.7.2001, p. 11.
(5) OJ L 340, 31.12.1993, p. 21.
(6) OJ L 57, 26.2.1997, p. 1.
(7) OJ L 236, 9.9.1980, p. 28.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/132/EC of 17 December 1996 on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products(1), as last amended by Decision 2002/957/EC(2), and in particular Article 4 thereof,Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon the importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3), as last amended by Council Regulation (EC) No 1452/2001(4), and in particular Article 11(2) and Article 22(2) thereof, and the corresponding provisions of the other Directives establishing sanitary conditions and models of certificates for the importation of live animals and animal products from third countries,Whereas:(1) Council Decision 97/132/EC provides for the adoption of guarantees for the importation of fresh meat and meat based products from New Zealand equivalent to those laid down in Council Directive 72/462/EEC.(2) Annex V to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (the Agreement) establishes the public health and animal health measures for fresh meat and meat based products and for certain other animal products from New Zealand for which equivalence has been determined.(3) By its Decision 2002/957/EC amending Annexes V and VII to the Agreement, the Council has determined the equivalence of certification systems for fresh meat and meat based products and for certain other animal products from New Zealand. Such equivalence should be implemented by laying down the models of the official health certificates to allow the importation of those products on that basis.(4) Under Annex VII to the Agreement, the full equivalence of measures is the equivalence of animal health and/or public health measures as appropriate and of certification systems, without prejudice to certification requirements not covered by the Agreement.(5) Annex VII to the Agreement provides for model health attestations to be included in the official health certificate for live animals and animal products for which full equivalence of measures has been agreed.(6) Full equivalence has been determined for certain animal products with respect to animal health and public health and for certification systems. However, full equivalence for other animal products has been determined only for either animal or for public health measures and for certification systems. Therefore, it is necessary to maintain several models of official health certificates. These official health certificates should replace those laid down in accordance with Community legislation for the importation of the relevant animal products from New Zealand.(7) For other animal products and for live animals full equivalence has not been determined. For those animal products and for live animals, the importation should be allowed on the basis of official health certificates in accordance with existing Community legislation or prevailing national health conditions of the Member States pending adoption of harmonised import conditions.(8) As provided for in Annex V to the Agreement, the additional guarantees for the importation of certain animal products intended for certain Member States, should be provided by New Zealand in the form of a declaration to be included in the official health certificate. The additional declaration concerning transmissible spongiform encephalopathies should also be provided by New Zealand for certain products of animal origin.(9) As provided for in Annex VII to the Agreement, the certification for consignments of commodities for which full equivalence has been agreed may be issued after departure of the consignment from New Zealand under certain conditions.(10) As provided for in Annex VII to the Agreement the official health certificate should be issued in English as well as in one of the languages of the Member State of arrival.(11) It is also appropriate to establish for New Zealand certain other additional certification requirements.(12) Animal products imported into New Zealand and subsequently exported to the Community after storage or re-processing in New Zealand, should comply with Community rules relating to those products. An official health certificate should therefore be established for those products.(13) Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing(5) provides for official health certificates for meat to be supplemented by an attestation certifying that certain animals referred to in that Directive have been slaughtered under conditions which offer guarantees of humane treatment at least equivalent to those provided for in that Directive. This attestation should be included in the corresponding models of the official health certificates.(14) Council Decision 97/131/CE of 17 December 1996 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products(6) approved an agreement in the form of an exchange of letters concerning the provisional application of the Agreement, whereby, until the entry into force of the Agreement, the certification conditions applicable as at 31 December 1996 should continue to apply. It is therefore necessary to repeal Decision 80/805/EC of 25 July 1980 concerning animal health conditions and veterinary certification for the importation of fresh meat from New Zealand(7), and to ensure that the date of application of this Decision corresponds with the date on which the Agreement enters into force.(15) To facilitate a smooth changeover from the existing official health certificates, provision should be made for a transitional period.(16) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
1. The Member States shall authorise the importation from New Zealand of the live animals and animal products, set out in Annex I, provided that they meet the certification requirements referred to in that Annex, and where required, are accompanied by an official health certificate issued before departure of the consignment from New Zealand, in accordance with one of the following models:
(a) where equivalence has been established, the model referred to in Annex I as set out in Annexes II to V;
(b) in other cases, the models set out in the Annexes to the acts referred to in Annex I.
2. The official health certificate(s) for the live animals and animal products referred to in Annex VI shall bear the additional declaration(s) referred to in that Annex where the Member State of destination of the consignment is Finland or Sweden.
3. By way of derogation from the provisions of paragraph 1, official health certificates issued in accordance with the models set out in Annexes II to V may be issued after departure of the consignment from New Zealand provided that:
(a) they are available at arrival in the border inspection post; and
(b) the certifying officer has declared in writing to have certified the consignment on the basis of the New Zealand eligibility document(s), which were ascertained by him or her and which were issued prior to the departure of the consignment.
4. Pending the adoption of harmonised importation rules the national health requirements prevailing in Member States shall remain applicable for animals and animal products where it is so mentioned in Annex I.
Where the consignment is presented for veterinary inspection, the official health certificate shall be provided in the English language as well as in one of the official languages of the Member State in which the border inspection post where the consignment is presented is situated.
The official health certificate(s) for the animal products listed in Annex I shall bear the additional declaration(s) described in Annex VI where they have been imported from a third country into New Zealand and are subsequently exported to the Community.
For a transitional period not exceeding 90 days from the date of application of this decision, Member States shall authorise the importation of live animals and animal products set out in Annex I under the models of certificates previously applicable.
Commission Decision 80/805/EEC is repealed.
This Decision shall apply from 1 February 2003.
This Decision is addressed to the Member States.
Done at Brussels, 24 January 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 57, 26.2.1997, p. 4.
(2) OJ L 333, 10.12.2002, p. 13.
(3) OJ L 302, 31.12.1972, p. 24.
(4) OJ L 198, 21.7.2001, p. 11.
(5) OJ L 340, 31.12.1993, p. 21.
(6) OJ L 57, 26.2.1997, p. 1.
(7) OJ L 236, 9.9.1980, p. 28.
CERTIFICATES, DECLARATIONS AND ADDITIONAL GUARANTEES
AN Assigned Number (a number which is arbitrarily assigned to a particular commodity and, as such, will appear on the certificate)
Channelling As described in Article 8(4) of Council Directive 97/78/EC(1)
N/A Not applicable
Other products As defined in Article 2(b) of Council Directive 77/99/EEC(2)
PNHC Prevailing national health conditions of the Member State(s) in accordance with EC law(3)
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 26, 31.1.197, p. 1.
(3) Pending the adoption of Community rules, national rules shall continue to apply subject to compliance with the general provisions of the Treaty.
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Exports of Imported Animal Products
In each case, the product shall:
– have originated from a third country eligible to export the item to the European Community,
– have been derived from establishments eligible to export to the European Community, and
– be eligible to be exported to the European Community.
A copy of the import certificate is to be attached to the signed New Zealand health certificate; this copy is to be endorsed “certified copy of original”, and be signed by the certifying officer.
The original or a certified copy of the import certificate shall be retained by the certifying officer.
The following additional declaration(s) shall appear on the model certificates prescribed in Annex I. The declarations shall appear in the languages referred to in Article 2 of Commission Decision 2003/56/EC.
1. Mixed origin
For animal products which have been imported into New Zealand, and have been stored and processed in EC-listed establishments with product of New Zealand origin (i.e., the consignment is of mixed origin), the following declaration is to appear on the appropriate model certificates noted in Annex I:
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2. Country of origin maintained, not mixed with New Zealand origin product.
For animal products which have been imported into New Zealand and have been stored and processed in New Zealand EC-listed export establishments but not mixed with product of New Zealand origin, the following declaration is to appear on the model certificates noted in Annex I:
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Additional guarantees relating to live animals and animal products provided for in Annex V to Council Decision 97/132/EC
The health certificate(s) for live animals and animal products listed in this Annex, shall bear the appropriate declaration set out in the corresponding legislation if they are imported for consignment to either Sweden or Finland: