Pending: 31995D0410

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 10b (1) thereof, Whereas the Commission has approved the operational programmes submitted by Finland and Sweden regarding salmonella controls; whereas those programmes comprise specific measures for poultry for slaughter; Whereas the implementation of microbiological tests by an establishment constitutes one of the additional guarantees to be given to Finland and Sweden and provides equivalent guarantees to those obtained under the Finnish and Swedish operational programmes, as recognized by the relevant Commission decisions; Whereas Finland and Sweden must apply to consignments of poultry for slaughter from third countries import requirements at least as stringent as those laid down in this Decision; Whereas rules for the microbiological testing by sampling should be laid down by determining the sampling method, the number of samples to be taken and the microbiological method for the examination of the samples; Whereas, as regards the scope of the test and the methods to be adopted, it is necessary to refer to the opinion of the Scientific Veterinary Committee in its report of 10 June 1994; Whereas microbiological tests are not to be required for poultry for slaughter from an establishment which is subject to a programme recognized as equivalent to that implemented by Finland or Sweden; Whereas, in accordance with Article 10b (2) of Directive 90/539/EEC, the provisions of this Decision must take account of the operational programmes adopted and implemented by Finland and Sweden,

Article 1
Pursuant to Article 10b of Directive 90/539/EEC, consignments of poultry for slaughter intended for Finland and Sweden shall be subject to the rules laid down in Articles 2 and 3.

Article 2
The microbiological test for salmonella, laid down in Article 10b of Directive 90/539/EEC, shall be carried out as laid down in Annex A.

Article 3
1. Poultry for slaughter to be sent to Finland and Sweden shall be accompanied by the certificate shown in Annex B.
2. The certificate provided for in paragraph 1 may:
– either be accompanied by the model 5 certificate in Annex IV to Directive 90/539/EEC,
– or be incorporated in the certificate referred to in the first indent.

Article 4
The Council, acting on a Commission proposal drawn up in the light of a report drafted on the basis of the results of the operational programmes implemented by Finland and Sweden and the experience gained in applying this Decision, shall review this Decision before 1 July 1998.

Article 5
This Decision shall apply from 1 July 1995.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 22 June 1995.
For the Council
The President
Ph. VASSEUR
(1) OJ No L 303, 31. 10. 1990, p. 6. Directive as last amended by Decision 95/1/EC, Euratom, ECSC (OJ No L 1, 1. 1. 1995, p. 1).

THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 10b (1) thereof, Whereas the Commission has approved the operational programmes submitted by Finland and Sweden regarding salmonella controls; whereas those programmes comprise specific measures for poultry for slaughter; Whereas the implementation of microbiological tests by an establishment constitutes one of the additional guarantees to be given to Finland and Sweden and provides equivalent guarantees to those obtained under the Finnish and Swedish operational programmes, as recognized by the relevant Commission decisions; Whereas Finland and Sweden must apply to consignments of poultry for slaughter from third countries import requirements at least as stringent as those laid down in this Decision; Whereas rules for the microbiological testing by sampling should be laid down by determining the sampling method, the number of samples to be taken and the microbiological method for the examination of the samples; Whereas, as regards the scope of the test and the methods to be adopted, it is necessary to refer to the opinion of the Scientific Veterinary Committee in its report of 10 June 1994; Whereas microbiological tests are not to be required for poultry for slaughter from an establishment which is subject to a programme recognized as equivalent to that implemented by Finland or Sweden; Whereas, in accordance with Article 10b (2) of Directive 90/539/EEC, the provisions of this Decision must take account of the operational programmes adopted and implemented by Finland and Sweden,
Pursuant to Article 10b of Directive 90/539/EEC, consignments of poultry for slaughter intended for Finland and Sweden shall be subject to the rules laid down in Articles 2 and 3.
The microbiological test for salmonella, laid down in Article 10b of Directive 90/539/EEC, shall be carried out as laid down in Annex A.
1. Poultry for slaughter to be sent to Finland and Sweden shall be accompanied by the certificate shown in Annex B.
2. The certificate provided for in paragraph 1 may:
– either be accompanied by the model 5 certificate in Annex IV to Directive 90/539/EEC,
– or be incorporated in the certificate referred to in the first indent.
The Council, acting on a Commission proposal drawn up in the light of a report drafted on the basis of the results of the operational programmes implemented by Finland and Sweden and the experience gained in applying this Decision, shall review this Decision before 1 July 1998.
This Decision shall apply from 1 July 1995.
This Decision is addressed to the Member States.
Done at Brussels, 22 June 1995.
For the Council
The President
Ph. VASSEUR
(1) OJ No L 303, 31. 10. 1990, p. 6. Directive as last amended by Decision 95/1/EC, Euratom, ECSC (OJ No L 1, 1. 1. 1995, p. 1).
1. Sampling method
The flock must be sampled within 14 days before slaughter. The samples taken must comprise pooled faeces samples made up of several samples of fresh faeces each weighing not less than 1 g, taken at random from a number of sites in the building in which the birds are kept, or, where the birds have free access to more than one building on a particular holding, from each group of buildings on the holding in which birds are kept.
2. Number of samples to be taken
The number of sites from which separate faeces or litter samples are to be taken in order to make a pooled sample is as follows:
3. Microbiological method for the examination of the samples
Microbiological testing of the samples for salmonella must be carried out according to the standard method of the International Organization for Standardization, ISO 6579:1993. However, methods offering equivalent guarantees may be authorized on a case-by-case basis by the Council, acting on a proposal from the Commission.
CERTIFICATE
>START OF GRAPHIC>
I, the undersigned, official veterinarian, certify that the poultry for slaughter has been tested with negative results according to the rules laid down in Council Decision 95/410/EC of 22 June 1995 laying down the rules for the microbiological testing by sampling in the establishment of origin of poultry for slaughter intended for Finland and Sweden (1). Done at . Date Stamp . . Signature . Name (in capitals) . Qualification (1) OJ No L 243, 11. 10. 1995, p. 25.>END OF GRAPHIC>

Pending: 31995D0320

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas common rules concerning safety, hygiene and health at work must afford adequate protection of the health of workers at the place of work within the Community; Whereas the elaboration and amendment of common rules concerning safety, health and hygiene at work require a scientific evaluation of risk at the place of work and of the measures that need to be implemented to protect against these risks; Whereas such an evaluation requires the participation of highly qualified scientific persons in all fields relating to safety, hygiene and health at work; Whereas on the occasion of the adoption of Council Directive 88/642/EEC (1), which amended Directive 80/1107/EEC (2) on the protection of workers against risks associated with exposure to chemical, physical and biological agents at work, the Council called upon the Commission to set up a scientific committee responsible for the evaluation of available scientific data required to set limit values; Whereas the Commission welcomed the request from the Council and since 1990 has consulted informally a scientific expert group on occupational exposure limits; Whereas in its communication on a programme concerning safety, hygiene and health at work the Commission has included amongst the objectives for the coming five years the development of preventative measures in relation with chemical agents; Whereas it is important that the Commission obtain impartial scientific opinions of highly qualified persons in order to conduct this ongoing examination; Whereas to this end a scientific committee of a consultative nature should be attached to the Commission, HAS DECIDED AS FOLLOWS:

Article 1
There shall be attached to the Commission a Scientific Committee (hereinafter called the ‘Committee`) to examine the health effects of chemical agents on workers at work.

Article 2
1. The task of the Committee shall be to supply the Commission with opinions at the latter’s request on any matter relating to the toxicological examination of chemicals for their effects on health of workers.
The Committee shall in particular give advice on the setting of Occupational Exposure Limits (OELs) based on scientific data and where appropriate shall propose values which may include:
– the eight-hour time weighted average (TWA),
– short-term limits/excursion limits (STEL),
– biological limit values.
The OELs may be supplemented, as appropriate, by further notations.
The Committee shall advise on any absorption of the substance in question via other routes (such as skin and/or mucous membranes) which is likely to occur.
2. Any recommendation shall be supported and explained by information on the basic data, a description of the critical effects, the extrapolation techniques used, and any data on possible risks to human health. The feasibility of monitoring exposure at any proposed limit value(s) shall also be noted.
3. The Committee shall keep under review all relevant scientific factors relating to the setting of OELs and shall make recommendations to assist the Commission in setting out priorities.
4. The Committee shall carry out such other actions relating to the toxicological evaluation of chemical agents as may be requested by the Commission.

Article 3
1. The Committee shall be composed of not more than 21 members drawn from all Member States and reflecting the full range of scientific expertise which is necessary to fulfil the mandate in Article 2, including, in particular, chemistry, toxicology, epidemiology, occupational medicine and industrial hygiene, and general competence in setting OELs.
2. The Commission shall appoint the members of the Committee, after consulting the respective Member States, having regard to the need to ensure that the various specific areas are covered.
3. The Committee shall elect from the members a chairman and two vice-chairmen for a period of three years. Elections shall be by a majority of two-thirds of the members present.
4. The term of office for members of the Committee shall be three years. Their appointments may be renewed. After the expiry of the three-year period members of the Committee shall remain in office until they are replaced or until their appointments are renewed.
In the event of resignation or death of a member of the Committee during a period of appointment the Commission shall appoint a new member of the Committee in accordance with paragraph 2.

Article 4
A list of members shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.

Article 5
1. The Committee may form working groups from amongst its members, with the agreement of the representatives of the Commission.
2. The mandate of the working group shall be to report to the Committee on the subjects referred to them by it.

Article 6
1. Meetings of the Committee shall take place, in general, four times a year.
2. The representatives of the Commission may invite individuals having particular expertise in the subject being studied to participate at the meetings.
3. The services of the Commission shall act as the secretariat of the Committee and the working groups.
4. The representatives of the Commission shall take part in the meetings of the Committee and the working groups.

Article 7
The Committee and its working groups shall normally meet at the headquarters of the Commission when they are convened by the latter. However, in exceptional circumstances and whenever necessary in the light of scientific requirements, meetings may be held at places other than the headquarters of the Commission when convened by the latter.

Article 8
1. The deliberations of the Committee shall relate to the request for an opinion made by the representatives of the Commission.
The representatives of the Commission, in requesting the opinion of the Committee, may fix the length of time in which the opinion is to be given.
2. The Committee shall make every endeavour to make its recommendation on the basis of a consensus. The Committee’s deliberations shall not be followed by a vote.
3. Where the opinion requested is the subject of the unanimous agreement of the members of the Committee, these latter shall establish the common conclusions. In the absence of unanimous agreement, the various positions taken in the course of the deliberations shall be entered in a report drawn up under the auspices of the representatives of the Commission.
4. Without prejudice to Article 9 (1), the Commission shall publish the opinions of the Committee.

Article 9
Without prejudice to the provisions of Article 214 of the Treaty, members of the Committee shall be under an obligation not to divulge information coming to their knowledge as a result of the work of Committee when the Commission informs them that the opinion requested relates to material of a confidential nature.
In such cases, only Committee members and representatives of the Commission shall be present at the meeting.
Done at Brussels, 12 July 1995.
For the Commission Pádraig FLYNN Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas common rules concerning safety, hygiene and health at work must afford adequate protection of the health of workers at the place of work within the Community; Whereas the elaboration and amendment of common rules concerning safety, health and hygiene at work require a scientific evaluation of risk at the place of work and of the measures that need to be implemented to protect against these risks; Whereas such an evaluation requires the participation of highly qualified scientific persons in all fields relating to safety, hygiene and health at work; Whereas on the occasion of the adoption of Council Directive 88/642/EEC (1), which amended Directive 80/1107/EEC (2) on the protection of workers against risks associated with exposure to chemical, physical and biological agents at work, the Council called upon the Commission to set up a scientific committee responsible for the evaluation of available scientific data required to set limit values; Whereas the Commission welcomed the request from the Council and since 1990 has consulted informally a scientific expert group on occupational exposure limits; Whereas in its communication on a programme concerning safety, hygiene and health at work the Commission has included amongst the objectives for the coming five years the development of preventative measures in relation with chemical agents; Whereas it is important that the Commission obtain impartial scientific opinions of highly qualified persons in order to conduct this ongoing examination; Whereas to this end a scientific committee of a consultative nature should be attached to the Commission, HAS DECIDED AS FOLLOWS:
There shall be attached to the Commission a Scientific Committee (hereinafter called the ‘Committee`) to examine the health effects of chemical agents on workers at work.
1. The task of the Committee shall be to supply the Commission with opinions at the latter’s request on any matter relating to the toxicological examination of chemicals for their effects on health of workers.
The Committee shall in particular give advice on the setting of Occupational Exposure Limits (OELs) based on scientific data and where appropriate shall propose values which may include:
– the eight-hour time weighted average (TWA),
– short-term limits/excursion limits (STEL),
– biological limit values.
The OELs may be supplemented, as appropriate, by further notations.
The Committee shall advise on any absorption of the substance in question via other routes (such as skin and/or mucous membranes) which is likely to occur.
2. Any recommendation shall be supported and explained by information on the basic data, a description of the critical effects, the extrapolation techniques used, and any data on possible risks to human health. The feasibility of monitoring exposure at any proposed limit value(s) shall also be noted.
3. The Committee shall keep under review all relevant scientific factors relating to the setting of OELs and shall make recommendations to assist the Commission in setting out priorities.
4. The Committee shall carry out such other actions relating to the toxicological evaluation of chemical agents as may be requested by the Commission.
1. The Committee shall be composed of not more than 21 members drawn from all Member States and reflecting the full range of scientific expertise which is necessary to fulfil the mandate in Article 2, including, in particular, chemistry, toxicology, epidemiology, occupational medicine and industrial hygiene, and general competence in setting OELs.
2. The Commission shall appoint the members of the Committee, after consulting the respective Member States, having regard to the need to ensure that the various specific areas are covered.
3. The Committee shall elect from the members a chairman and two vice-chairmen for a period of three years. Elections shall be by a majority of two-thirds of the members present.
4. The term of office for members of the Committee shall be three years. Their appointments may be renewed. After the expiry of the three-year period members of the Committee shall remain in office until they are replaced or until their appointments are renewed.
In the event of resignation or death of a member of the Committee during a period of appointment the Commission shall appoint a new member of the Committee in accordance with paragraph 2.
A list of members shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.
1. The Committee may form working groups from amongst its members, with the agreement of the representatives of the Commission.
2. The mandate of the working group shall be to report to the Committee on the subjects referred to them by it.
1. Meetings of the Committee shall take place, in general, four times a year.
2. The representatives of the Commission may invite individuals having particular expertise in the subject being studied to participate at the meetings.
3. The services of the Commission shall act as the secretariat of the Committee and the working groups.
4. The representatives of the Commission shall take part in the meetings of the Committee and the working groups.
The Committee and its working groups shall normally meet at the headquarters of the Commission when they are convened by the latter. However, in exceptional circumstances and whenever necessary in the light of scientific requirements, meetings may be held at places other than the headquarters of the Commission when convened by the latter.
1. The deliberations of the Committee shall relate to the request for an opinion made by the representatives of the Commission.
The representatives of the Commission, in requesting the opinion of the Committee, may fix the length of time in which the opinion is to be given.
2. The Committee shall make every endeavour to make its recommendation on the basis of a consensus. The Committee’s deliberations shall not be followed by a vote.
3. Where the opinion requested is the subject of the unanimous agreement of the members of the Committee, these latter shall establish the common conclusions. In the absence of unanimous agreement, the various positions taken in the course of the deliberations shall be entered in a report drawn up under the auspices of the representatives of the Commission.
4. Without prejudice to Article 9 (1), the Commission shall publish the opinions of the Committee.
Without prejudice to the provisions of Article 214 of the Treaty, members of the Committee shall be under an obligation not to divulge information coming to their knowledge as a result of the work of Committee when the Commission informs them that the opinion requested relates to material of a confidential nature.
In such cases, only Committee members and representatives of the Commission shall be present at the meeting.
Done at Brussels, 12 July 1995.
For the Commission Pádraig FLYNN Member of the Commission

Pending: 31995D0302

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat (1), as last amended by Directive 93/121/EC (2), and in particular Articles 11 and 12 thereof, Whereas Commission Decision 94/984/EC (3) established the animal health conditions and the veterinary certificates for imports of fresh poultry meat from certain third countries; Whereas it is now possible, in accordance with information received from Brazil and with the results of an inspection carried out by the Commission services in that country to review the regionalisation for Brazil; whereas a certain delay should be provided for this change to enable the Brazilian authorities to take into account the conclusions of the said inspection; Whereas it appears, on the basis of information recently received, that Israel cannot comply with the requirements of certificate model B; whereas however Israel can comply with the requirements of Model A in respect of goose liver; Whereas Commission Decisions 94/963/EC (4) and 95/98/EC (5) have laid down the status with regard to Newcastle disease for Finland and Sweden respectively; whereas, therefore, the footnotes referring to the Member States or parts thereof benefiting from additional guarantees, in accordance with Article 3 (A) (1), have to be extended to include also these Member States; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
Commission Decision 94/984/EC is amended as follows:
1. in Annex,
(a) the line:
is replaced by:
(b) the line:
(c) following footnotes are inserted:
‘(1) applicable from 1 September 1995.
(2) goose liver only.`;
2. in Annex II, Part 2, Models A and B are replaced by Models A and B in the Annex to this Decision respectively.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 13 July 1995.
For the Commission Franz FISCHLER Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat (1), as last amended by Directive 93/121/EC (2), and in particular Articles 11 and 12 thereof, Whereas Commission Decision 94/984/EC (3) established the animal health conditions and the veterinary certificates for imports of fresh poultry meat from certain third countries; Whereas it is now possible, in accordance with information received from Brazil and with the results of an inspection carried out by the Commission services in that country to review the regionalisation for Brazil; whereas a certain delay should be provided for this change to enable the Brazilian authorities to take into account the conclusions of the said inspection; Whereas it appears, on the basis of information recently received, that Israel cannot comply with the requirements of certificate model B; whereas however Israel can comply with the requirements of Model A in respect of goose liver; Whereas Commission Decisions 94/963/EC (4) and 95/98/EC (5) have laid down the status with regard to Newcastle disease for Finland and Sweden respectively; whereas, therefore, the footnotes referring to the Member States or parts thereof benefiting from additional guarantees, in accordance with Article 3 (A) (1), have to be extended to include also these Member States; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
Commission Decision 94/984/EC is amended as follows:
1. in Annex,
(a) the line:
is replaced by:
(b) the line:
(c) following footnotes are inserted:
‘(1) applicable from 1 September 1995.
(2) goose liver only.`;
2. in Annex II, Part 2, Models A and B are replaced by Models A and B in the Annex to this Decision respectively.
This Decision is addressed to the Member States.
Done at Brussels, 13 July 1995.
For the Commission Franz FISCHLER Member of the Commission
‘PART 2 Model A 16. Health attestation:
I, the undersigned official veterinarian, hereby certify, in accordance with the provisions of Directive 91/494/EEC:
1. that ……………….. (1), region ……………….. (2), is free from avian influenza and Newcastle disease, as defined in the International Animal Health Code of OIE;
2. that the meat described above is obtained from poultry which:
(a) have been held in the territory of ……………….. (1), region ……………….. (2), since hatching or have been imported as day-old chicks;
(b) came from holdings:
– which have not been placed under animal health restrictions in connection with a poultry disease,
– around which, within a radius of 10 km, there have been no outbreaks of avian influenza or Newcastle disease for at least 30 days;
(c) have not been slaughtered in the context of any animal health scheme for the control or eradication of poultry diseases;
(d) have/have not (3) been vaccinated against Newcastle disease using a live vaccine during the 30 days preceding slaughter;
(e) during transport to the slaughterhouse did not come into contact with poultry suffering from avian influenza or Newcastle disease;
3. that the meat described above:
(a) comes from slaughterhouses which, at the time of slaughter, are not under restrictions due to a suspect or actual outbreak of avian influenza or Newcastle disease and around which, within a radius of 10 km, there have been no outbreaks of avian influenza or Newcastle disease for at least 30 days;
(b) has not been in contact, at any time of slaughter, cutting, storage or transport with meat which does not fulfil the requirements of Directive 91/494/EEC; Done at , on Seal (4) (signature of official veterinarian) (4) (name in capital letters, qualifications and title) Model B 16. Health attestation:
I, the undersigned official veterinarian, hereby certify, in accordance with the provisions of Directive 91/494/EEC:
1. that ……………….. (1), region ………………. (2) is free from avian influenza and Newcastle disease, as defined in the International Animal Health Code of OIE;
2. that the meat described above is obtained from poultry which:
(a) have been held in the territory of ………………. (1), region ………………. (2), since hatching or have been imported as day-old chicks;
(b) come from holdings:
– which have not been placed under animal health restrictions in connection with a poultry disease,
– around which, within a radius of 10 km, there have been no outbreaks of avian influenza or Newcastle disease for at least 30 days;
(c) have not been slaughtered in the context of any animal disease using a live vaccine during the 30 days preceeding slaughter;
(d) have/have not (3) been vaccinated against Newcastle disease using a live vaccine during the 30 days preceeding slaughter;
(e) during transport to the slaughterhouse did not come into contact with poultry suffering from avian influenza or Newcastle disease;
3. that the commercial slaughter poultry flock from which the meat is issued,
(a) has not been vaccinated with vaccines prepared from a Newcastle disease virus Master Seed which shows a higher pathogenicity than lentogenic strains of the virus; and (b) has undergone at slaughter, on the basis of an at random sample of coactal swabs of at least 60 birds of each flock concerned, a virus isolation test for Newcastle disease, carried out in an official laboratory, in which no avian paramyxoviruses with an Intracerebral Pathogenicity Index (ICPI) of more than 0,4 have been found; and (c) has not been in contact during the period of 30 days preceeding slaughter with poultry which do not fulfil the guarantees mentioned under (a) and (b).
4. that the meat described above:
(a) comes from slaughterhouses which, at the time of slaughter, are not under restrictions due to a suspect or actual outbreak of avian influenza or Newcastle disease and around which, within a radius of 10 km, there have been no outbreaks of avian influenza of Newcastle disease for at least 30 days;
(b) has not been in contact, at any time of slaughter, cutting, storage or transport with meat which does not fulfil the requirements of Directive 91/494/EEC; Done at on Seal (4) (signature of official veterinarian) (4) (name in capital letters, qualification and title) (1) Name of the country of origin.
(2) Only to be completed if the authorization to export to the Community is restricted to certain regions of the third country concerned.
(3) Delete the unnecessary reference. If the poultry have been vaccinated within 30 days before slaughter, the consigment cannot be sent to Member States or regions thereof which have been recognized in accordance with Article 12 of Directive 90/539/EEC (Currently Denmark, Ireland, Finland, Sweden and, in the United Kingdom, Northern Ireland).
(4) Stamp and signature in a colour different to that of the printing.`

Pending: 31995D0176

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health conditions governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 22 thereof, Whereas in the conditions governing approval of bodies, institutes or centres, references should be made, if they keep animals intended for experimental laboratories, to Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (2), in order to align these conditions in the Community and for third countries; Whereas certain technical adaptions are necessary concerning the approval and supervision of collection centres, the admission of stallions and the requirements applicable to semen, ova and embryos; Whereas it is necessary to replace the Chapters I, II.A, C, III and IV of the Annex D; Whereas this Decision is in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
Directive 92/65/EEC is amended as follows:
1. In Annex C.1, the following point is added:
‘(j) if it keeps animals intended for experimental laboratories conform to the provisions of Article 5 of Council Directive 86/609/EEC.` 2. Annex D, Chapter I is replaced by Annex I to this Decision.
3. Annex D, Chapter II, point A is replaced by Annex II to this Decision.
4. Annex D, Chapter II, point C is replaced by Annex III to this Decision.
5. Annex D, Chapter III is replaced by Annex IV to this Decision.
6. Annex D, Chapter IV is replaced by Annex V to this Decision.

Article 2
The present Decision comes into force on 1 October 1995.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 6 April 1995.
For the Commission Franz FISCHLER Member of the Commission

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health conditions governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 22 thereof, Whereas in the conditions governing approval of bodies, institutes or centres, references should be made, if they keep animals intended for experimental laboratories, to Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (2), in order to align these conditions in the Community and for third countries; Whereas certain technical adaptions are necessary concerning the approval and supervision of collection centres, the admission of stallions and the requirements applicable to semen, ova and embryos; Whereas it is necessary to replace the Chapters I, II.A, C, III and IV of the Annex D; Whereas this Decision is in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
Directive 92/65/EEC is amended as follows:
1. In Annex C.1, the following point is added:
‘(j) if it keeps animals intended for experimental laboratories conform to the provisions of Article 5 of Council Directive 86/609/EEC.` 2. Annex D, Chapter I is replaced by Annex I to this Decision.
3. Annex D, Chapter II, point A is replaced by Annex II to this Decision.
4. Annex D, Chapter II, point C is replaced by Annex III to this Decision.
5. Annex D, Chapter III is replaced by Annex IV to this Decision.
6. Annex D, Chapter IV is replaced by Annex V to this Decision.
The present Decision comes into force on 1 October 1995.
This Decision is addressed to the Member States.
Done at Brussels, 6 April 1995.
For the Commission Franz FISCHLER Member of the Commission
‘CHAPTER I I. Conditions governing the approval of semen collection centres Semen collection centres must:
1. be placed under the supervision of a “centre veterinarian”;
2. have at least (a) lockable animal accommodation and if required for equidae an exercise area which are physically separated from the collection facilities, the processing and storing rooms;
(b) isolation facilities which have no direct communication with the normal animal accommodation;
(c) semen collection facilities including a separate room for the cleansing and disinfection or sterilization of equipment;
(d) a semen processing room separated from the collection facilities which need not necessarily be on the same site;
(e) a semen storage room which need not necessarily be on the same site;
3. be so constructed or isolated that contact with outside livestock is prevented;
4. be so constructed that the entire centre except the office rooms and, in the case of equidae, the exercise area can be readily cleaned and disinfected.
II. Conditions for the supervision of semen collection centres Semen collection centres must:
1. be supervised that they contain only animals of the species whose semen is to be collected;
However, other domestic animals may be admitted, provided that they present no risk of infection to those species whose semen is to be collected and they fulfil the conditions laid down by the centre veterinarian.
If in the case of equidae the collection centre shares a site with an artificial insemination or service centre, then mares, teaser stallions and stallions for natural service are admitted provided they meet the requirements of Annex D Chapter II paragraph A (1), (2), (3) and (4);
2. be monitored to ensure that records are kept which show:
– the species, breed, date of birth and identification of each animal present in the centre,
– any movement of animals entering or leaving the centre,
– the health history and all diagnostic tests and the results thereof, treatments and vaccinations carried out on animals kept,
– the date of collecting and processing semen,
– the destination of semen,
– the storage of semen;
3. be inspected by an official veterinarian during the breeding season at least once a year in the case of animals with seasonal breeding and twice a year in the case of a nonseasonal reproduction in order to consider and verify all matters relating to the conditions of approval and supervision;
4. be so supervised that the entry of unauthorized persons is prevented. Furthermore, authorized visitors must be required to comply with the conditions laid down by the centre veterinarian;
5. employ competent staff who have received adequate training on disinfection and hygiene techniques to prevent the spread of disease;
6. be monitored to ensure that:
– none of the animals kept in the centre is used for natural breeding at least 30 days prior to first semen collection and during the collection period,
– the collection, processing and storage of semen is carried out only in premises set aside for these purposes,
– all utensils coming into contact with the semen or the donor animal during collection or processing are either properly disinfected or sterilized prior to use or new, disposable and discarded after use,
If, in the case of equidae, the collection centre shares a site with an artificial insemination centre or a service centre, there must be a strict separation between instruments and equipment for artificial insemination or natural service and instruments and equipment coming into contact with donor animals or other animals kept in the collection centre and the semen,
– products of animal origin such as diluents, additives or extenders are used in the processing of the semen, which present no animal health risk or which have undergone prior treatment to preclude such risk,
– in the case of frozen or chilled semen cryogenic agents are used, which had not been used previously for other products of animal origin,
– any receptacle for the storage or transport of semen is either disinfected or sterilized as appropriate prior to use or new, disposable and discarded after use;
7. ensure that each individual dose of semen is indelibly identified in such a way that the Member State of origin, date of collection, the species, the breed, the identity of the donor animal and the name and/or number of the approved centre which collected the semen may be established.`
‘A. STALLIONS Only a stallion which to the satisfaction of the centre veterinarian meets the following requirements may be used for the collection of semen:
1. it must not show any sign of an infectious or contagious disease at the time of admission and on the day the semen is collected;
2. it must come from the territory or, in the case of regionalization, from the part of the territory of a Member State or a third country and from a holding under veterinary supervision each of which satisfy the requirements of Council Directive 90/426/EEC;
3. it must have been kept for 30 days prior to semen collection in holdings where no equine has shown any clinical sign of equine viral arteritis during that period;
4. it must have been kept for 60 days prior to semen collection in holdings where no equine has shown any clinical sign of contagious equine metritis during that period;
5. it must not be used for natural mating during 30 days prior to the first semen collection and during the collection period;
6. it must be subjected to the following tests, carried out and certified in a laboratory recognized by the competent authority according to the programme set up in paragraph 7:
(i) an agar-gel immuno-diffusion test (Coggins test) for equine infectious anaemia with negative result;
(ii) a serum neutralization test for equine viral arteritis. Unless a negative result at a serum dilution of 1 in 4 is achieved, a virus isolation test for equine viral arteritis shall be carried out with negative result on an aliquot of the entire semen of the donor stallion;
(iii) a test for contagious equine metritis carried out on two occassions with an interval of seven days by isolation of Taylorella equigenitalis from pre-ejaculatory fluid or a semen sample and from genital swabs taken at least from the penile sheath, urethra and urethral fossa with negative result in each case;
7. it must have been subjected to one of the following testing programmes:
(i) Where semen is collected for trade in fresh or chilled semen:
– and the donor stallion is continuously resident on the collection centre for at least 30 days prior to the first semen collection and during the collection period, and no equidae on the collection centre come into direct contact with equidae of lower health status than the donor stallion, the tests required in paragraphs 6 (i), (ii) and (iii) shall be carried out at least 14 days after the start of the above residence period and at least once a year at the beginning of the breeding season.
– and the donor stallion is not continuously resident on the collection centre, and/or other equidae on the collection centre come into direct contact with equidae of lower health status, the tests required in paragraphs 6 (i), (ii) and (iii) shall be carried out within the 14 day period before the first semen collection and at least once a year at the beginning of the breeding season. Furthermore, the test required in paragraph 6 (i) shall be repeated at least every 120 days during the period of semen collection. The test required in paragraph 6 (ii) shall be carried out not more than 30 days before each semen collection, unless the non-shedder state of a seropositive stallion for equine viral arteritis is confirmed by virus isolation test which must be carried out annually.
(ii) Where semen is collected for trade in frozen semen, the testing programmes as described in paragraph 7 (i) first and second indent shall apply or, alternatively, the tests required in paragraph 6 (i), (ii) and (iii) shall be carried out during the mandatory 30 days storage period of the semen and not less than 14 days after the collection of the semen, irrespective of the residence status of the stallion.`
‘C. If any of the tests referred to in A or B proves positive, that animal must be isolated and the semen, collected from it since the last negative test shall not be subject of trade. The same applies to semen collected from the other animals susceptible to the disease concerned at the holding or collection centre since the date on which the positive test was carried out. Trade shall not resume until the health status of the centre has been re-established.`
‘CHAPTER III REQUIREMENTS APPLICABLE TO SEMEN, OVA AND EMBRYOS Semen, ova and embryos must have been collected, processed and preserverd in accordance with the following principles:
(a) The washing of ova and embryos even in the case of equidae must be carried out in accordance with conditions to be laid down in accordance with the procedure laid down in Article 26. Pending the adoption of such condition, international standards are applicable.
The zona pellucida of ova and embryos must remain intact before and after washing.
Only ova and embryos from the same donor may be washed at the same time.
After washing, the zona pellucida of each ovum or embryo must be examined over its entire surface area under a magnification of at least 50 and be certified as being intact and free from any adherent material.
(b) The medium and solutions used for collection, processing (examination, washing and treatment), conservation or freezing of ova and embryos must be sterilized in accordance with approved methods and handled in such a way that they remain sterile.
Antibiotics must be added to the collection, washing and conservation mediums for ova and embryos and to the diluents for semen. If necessary detailed rules will be determined under the procedure provided for in Article 26.
(c) All materials used for the collection, processing, conservation or freezing of semen, ova and embryos must be either disinfected or sterilized as appropriate before use or new, disposable and discarded after use.
(d) Additional tests may be established under the procedure provided for in Article 26, in particular as regards the collection of washing liquids, so as to establish that no pathogens are present.
(e) Ova and embryos, which have successfully undergone the examination provided for in (a), and semen shall be placed in sterile containers, which are duly identified, contain only products from one male or female donor and are sealed immediately.
The identification to be established under the procedure provided for in Article 26 shall ensure that at least the country of origin, the date of collection, the species, the breed, the identity of the donor animal and the name and/or the number of the collection centre/team may be established.
(f) Frozen semen, ova and embryos must be placed in sterile liquid nitrogen containers which present no risk of contamination to the product.
(g) Frozen semen, ova and embryos must be stored in approved conditions for a minimum period of 30 days prior to dispatch.
(h) Semen, ova and embryos must be transported in containers which either have been cleaned, disinfected or sterilized as appropriate before use or are new, disposable and discarded after use.`
‘CHAPTER IV DONOR FEMALES Females may be used for the collection of embryos or ova only if they and the herds from which they originate meet, to the satisfaction of the official veterinarian, the requirements of the relevant Directives on intra-Community trade in live animals for breeding and production for the species concerned.
The provisions of Council Directive 64/432/EEC apply for swine and the provisions of Council Directive 91/68/EEC apply for ovine and caprine animals.
In addition to the requirements established by Council Directive 90/426/EEC equidae must have been kept prior to the collection of ova or embryos in holdings free from clinical signs of contagious equine meritis for 60 days. They must not be used for natural breeding during the period of 30 days prior to the collection of ova or embryos.`

Pending: 31995D0161

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 (b) (2) thereof, Whereas the Commission has approved the operational programmes submitted by Finland and Sweden regarding salmonella controls; whereas those programmes include specific measures for laying hens, namely productive poultry reared with a view to producing eggs for consumption; Whereas on 10 June 1994 the Veterinary Committee established the list of invasive salmonella serotypes for poultry; Whereas guarantees should be established equivalent to those implemented by Finland and Sweden under their operational programmes; Whereas those additional guarantees are to be based in particular on a microbiological examination of the poultry to be sent to Finland and Sweden; Whereas rules should be established for this microbiological examination of samples by laying down the sampling method, the number of samples to be taken and the microbiological method for examining the samples; Whereas those guarantees should not be applicable to any flock that is subject to a programme recognized as equivalent to that implemented by Finland and Sweden; Whereas Finland and Sweden should apply to consignments originating from third countries import requirements at least as stringent as those laid down in this Decision; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
Laying hens, namely productive poultry reared with a view to producing eggs for consumption, to be sent to Finland and Sweden shall be subject to a microbiological test, effected by sampling in the flock of origin.

Article 2
The microbiological test referred to in Article 1 shall be carried out as laid down in Annex I.

Article 3
1. Laying hens to be sent to Finland and Sweden shall be accompanied by the certificate shown in Annex II.
2. The certificate provided for in paragraph 1 may:
– either be accompanied by model 3 certificate of Annex IV to Directive 90/539/EEC,
– or be incorporated in the certificate referred to in the first indent.

Article 4
The additional guarantees provided for in this Decision shall not be applicable to flocks subject to a programme recognized, according to the procedure laid down in Article 32 of Directive 90/539/EEC, as equivalent to that implemented by Finland and Sweden.

Article 5
This Decision shall be reviewed by 31 December 1996 at the latest. The review shall be based on a report, prepared by Finland and Sweden in the light of the experience gained, to be presented not later than 30 September 1996.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 21 April 1995.
For the Commission Franz FISCHLER Member of the Commission

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 (b) (2) thereof, Whereas the Commission has approved the operational programmes submitted by Finland and Sweden regarding salmonella controls; whereas those programmes include specific measures for laying hens, namely productive poultry reared with a view to producing eggs for consumption; Whereas on 10 June 1994 the Veterinary Committee established the list of invasive salmonella serotypes for poultry; Whereas guarantees should be established equivalent to those implemented by Finland and Sweden under their operational programmes; Whereas those additional guarantees are to be based in particular on a microbiological examination of the poultry to be sent to Finland and Sweden; Whereas rules should be established for this microbiological examination of samples by laying down the sampling method, the number of samples to be taken and the microbiological method for examining the samples; Whereas those guarantees should not be applicable to any flock that is subject to a programme recognized as equivalent to that implemented by Finland and Sweden; Whereas Finland and Sweden should apply to consignments originating from third countries import requirements at least as stringent as those laid down in this Decision; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
Laying hens, namely productive poultry reared with a view to producing eggs for consumption, to be sent to Finland and Sweden shall be subject to a microbiological test, effected by sampling in the flock of origin.
The microbiological test referred to in Article 1 shall be carried out as laid down in Annex I.
1. Laying hens to be sent to Finland and Sweden shall be accompanied by the certificate shown in Annex II.
2. The certificate provided for in paragraph 1 may:
– either be accompanied by model 3 certificate of Annex IV to Directive 90/539/EEC,
– or be incorporated in the certificate referred to in the first indent.
The additional guarantees provided for in this Decision shall not be applicable to flocks subject to a programme recognized, according to the procedure laid down in Article 32 of Directive 90/539/EEC, as equivalent to that implemented by Finland and Sweden.
This Decision shall be reviewed by 31 December 1996 at the latest. The review shall be based on a report, prepared by Finland and Sweden in the light of the experience gained, to be presented not later than 30 September 1996.
This Decision is addressed to the Member States.
Done at Brussels, 21 April 1995.
For the Commission Franz FISCHLER Member of the Commission
1. General rules The flock of origin must be isolated for 15 days.
The microbiological test must be carried out during the 10 days before forwarding of the consignment.
The microbiological test must include the following invasive serotypes:
– Salmonella gallinarum,
– Salmonella pullorum,
– Salmonella enteritidis,
– Salmonella berta,
– Salmonella typhimurium,
– Salmonella thompson,
– Salmonella infantis.
2. Sampling method Composite faeces samples, each sample being composed of separate samples of fresh faeces, each weighing at least one gramme, must be taken randomly at a certain number of points in the building in which the birds are being kept or, when the birds have free access to more than one building on a holding, taken in each group of buildings on the holding in which the birds are kept.
3. Number of samples to be taken The number of samples must make it possible to detect with 95 % reliability a 5 % presence of salmonella.
4. Microbiological test for examination of the samples The isolation of the salmonella should be carried out using the standardized ISO 6579: 1993 method of the International Organization for Standardization.
CERTIFICATION
I, the undersigned, official veterinarian, certify that the laying hens (productive poultry reared with a view to producing eggs for consumption) have been tested with negative results according to the rules laid down in Commission Decision 95/161/EC of 21 April 1995 establishing additional guarantees regarding salmonella for consignments to Finland and Sweden of laying hens (productive poultry reared with a view to producing eggs for consumption).
Done at Date Signature Stamp Name (in capitals) Qualification

Pending: 31995D0108

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 in intra-Community trade with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 10 thereof, Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof, Whereas, as a result of the African swine fever situation in Italy, the Commission adopted Decision 92/451/EEC of 30 July 1992 concerning certain health protection measures against African swine fever in Sardinia, Italy (4); Whereas, African swine fever must be considered an endemic disease in the province of Nuoro, Sardinia, Italy; Whereas the disease situation is liable to endanger the herds in other regions of Italy and of other Member States, in view of trade in live pigs, fresh pigmeat and certain meat-based products; Whereas it is the objective within the eradication programme adopted by Commission Decision 94/881/EC of 21 December 1994 approving the programme for the eradication and surveillance of African swine fever presented by Italy and fixing the level of the Community financial contribution (5) to eliminate African swine fever from the remaining infected areas of Sardinia; Whereas in the light of the animal health situation in the provinces of Sassari, Oristano and Cagliari and in the interests of clarity Decision 92/451/EEC should be repealed and a new text adopted; Whereas the Italian authorities have taken legal measures to prohibit the movement of live pigs, fresh pigmeat and certain meat-based pork products from the territory of Sardinia; whereas the adoption of these legal measures guarantees the efficacity of the implementation of this Decision; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
Italy prohibits the movement of animals of the family Suidae from the territory of the region of Sardinia.

Article 2
1. Italy prohibits the movement of fresh pigmeat originating from any animal of the Suidae family from the territory of the region of Sardinia.
2. In derogation from the provisions of paragraph 1 fresh pigmeat can be sent to areas outside the territory of the region of Sardinia on condition that the meat in question:
(a) originates from pigs which have entered the territory of the region of Sardinia as pigs for slaughter in accordance with the provisions of Council Directive 64/432/EEC (6) or Directive 72/462/EEC (7).
The said pigs for slaughter have been transported directly from the port of entry to a designated slaughterhouse. On arrival at the slaughterhouse they have been slaughtered within 12 hours, or (b) originates from pigs which – have been kept on a holding approved by the competent veterinary authority; the holding shall be situated in the province of Sassari, Oristano or Cagliari,
– have been kept for at least four months at the holding of origin,
– have been kept on a holding which is located at least 10 km disant from any outbreak of African swine fever which has occurred in the last three months,
– have been kept on a holding into which no pigs have been introduced during the previous 30 days,
– have been included in a pig population on a holding which is covered by the serological testing programme required under the African swine fever eradication programme adopted by Decision 94/881/EC and no antibodies to African swine fever virus have been detected within the last six months,
– have undergone a serological test within four days prior to transport for slaughter and have been found free of antibodies to the African swine fever virus,
– have undergone a clinical examination on the holding of origin within 24 hours prior to transport. All pigs on the holding of origin shall be examined and related facilities must be inspected. The animals shall be identified by eartags at the holding of origin so that they can be traced back to the holding of origin,
– have been transported direct from the holding of origin to the designated slaughterhouse. The means of transport shall be cleaned and disinfected before loading and shall be officially sealed. The pigs shall be accompanied by a health document certifying that they comply with the requirements given under the first to seventh indents and signed by the competent authority,
– on arrival at the slaughterhouse, have been slaughtered within 12 hours.
3. The meat referred to in paragraph 2 shall be kept separately from meat which does not comply with the conditions in (a) or (b) of the said paragraph.

Article 3
Meat consigned from the territory of the region of Sardinia shall be accompanied by a certificate from an official veterinarian. The certificate shall bear the following words:
‘Meat conforming to Commission Decision 95/108/EC concerning health protection measures against African swine fever in Sardinia, Italy.`

Article 4
1. Italy prohibits the movement of pigmeat products from the territory of the region of Sardinia.
2. In derogation from paragraph 1 pigmeat products may be sent to areas outside the territory of the region of Sardinia on condition that the products in question:
(a) have undergone treatment in accordance with the provisions of Article 4 (1) (a) of Council Directive 80/215/EEC (1), or (b) have been manufactured at a designated establishment and only from meat which:
(i) complies with the provision of Article 2 paragraphs 2 and 3, or (ii) have entered the territory of Sardinia as fresh pigmeat in accordance with the provisions of Council Directive 64/433/EEC (2).

Article 5
Meat products referred to in Article 4 (2) (b) consigned from the territory of the region of Sardinia shall be accompanied by a certificate from an official veterinarian. The certificate shall bear the following words:
‘Meat products conforming to Commission Decision 95/108/EC concerning health protection measures against African swine fever in Sardinia, Italy.`

Article 6
Italy shall present to all Member States and the Commission a list containing name(s) and location of designated slaughterhouse(s) referred to in Article 2 and name(s) and location of designated establishment(s) referred to in Article 4 paragraph 2 (b) and approved by the Central Veterinary Authority.

Article 7
1. Italy shall establish a National Coordination and Monitoring Committee. The chairman of the Committee shall be provided by the Central Veterinary Authority, which shall be in charge of the implementation of this Decision and the monitoring of measures to eradicate African swine fever. The Committee shall:
– collect data on the surveillance activities carried out by authorities of the region of Sardinia;
– have data-handling facilities;
– have rapid communication links with the region of Sardinia.
2. The Central Veterinary Authority may introduce further protection measures other than those referred to in this Decision if they are deemed necessary.

Article 8
Member States shall amend the measures which they apply to trade so as to bring them into conformity with this Decision. They shall immediately inform the Commission thereof.

Article 9
Decision 92/451/EEC is hereby repealed.

Article 10
This Decision is addressed to the Member States.
Done at Brussels, 28 March 1995.
For the Commission Franz FISCHLER Member of the Commission

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 in intra-Community trade with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 10 thereof, Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (3), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof, Whereas, as a result of the African swine fever situation in Italy, the Commission adopted Decision 92/451/EEC of 30 July 1992 concerning certain health protection measures against African swine fever in Sardinia, Italy (4); Whereas, African swine fever must be considered an endemic disease in the province of Nuoro, Sardinia, Italy; Whereas the disease situation is liable to endanger the herds in other regions of Italy and of other Member States, in view of trade in live pigs, fresh pigmeat and certain meat-based products; Whereas it is the objective within the eradication programme adopted by Commission Decision 94/881/EC of 21 December 1994 approving the programme for the eradication and surveillance of African swine fever presented by Italy and fixing the level of the Community financial contribution (5) to eliminate African swine fever from the remaining infected areas of Sardinia; Whereas in the light of the animal health situation in the provinces of Sassari, Oristano and Cagliari and in the interests of clarity Decision 92/451/EEC should be repealed and a new text adopted; Whereas the Italian authorities have taken legal measures to prohibit the movement of live pigs, fresh pigmeat and certain meat-based pork products from the territory of Sardinia; whereas the adoption of these legal measures guarantees the efficacity of the implementation of this Decision; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
Italy prohibits the movement of animals of the family Suidae from the territory of the region of Sardinia.
1. Italy prohibits the movement of fresh pigmeat originating from any animal of the Suidae family from the territory of the region of Sardinia.
2. In derogation from the provisions of paragraph 1 fresh pigmeat can be sent to areas outside the territory of the region of Sardinia on condition that the meat in question:
(a) originates from pigs which have entered the territory of the region of Sardinia as pigs for slaughter in accordance with the provisions of Council Directive 64/432/EEC (6) or Directive 72/462/EEC (7).
The said pigs for slaughter have been transported directly from the port of entry to a designated slaughterhouse. On arrival at the slaughterhouse they have been slaughtered within 12 hours, or (b) originates from pigs which – have been kept on a holding approved by the competent veterinary authority; the holding shall be situated in the province of Sassari, Oristano or Cagliari,
– have been kept for at least four months at the holding of origin,
– have been kept on a holding which is located at least 10 km disant from any outbreak of African swine fever which has occurred in the last three months,
– have been kept on a holding into which no pigs have been introduced during the previous 30 days,
– have been included in a pig population on a holding which is covered by the serological testing programme required under the African swine fever eradication programme adopted by Decision 94/881/EC and no antibodies to African swine fever virus have been detected within the last six months,
– have undergone a serological test within four days prior to transport for slaughter and have been found free of antibodies to the African swine fever virus,
– have undergone a clinical examination on the holding of origin within 24 hours prior to transport. All pigs on the holding of origin shall be examined and related facilities must be inspected. The animals shall be identified by eartags at the holding of origin so that they can be traced back to the holding of origin,
– have been transported direct from the holding of origin to the designated slaughterhouse. The means of transport shall be cleaned and disinfected before loading and shall be officially sealed. The pigs shall be accompanied by a health document certifying that they comply with the requirements given under the first to seventh indents and signed by the competent authority,
– on arrival at the slaughterhouse, have been slaughtered within 12 hours.
3. The meat referred to in paragraph 2 shall be kept separately from meat which does not comply with the conditions in (a) or (b) of the said paragraph.
Meat consigned from the territory of the region of Sardinia shall be accompanied by a certificate from an official veterinarian. The certificate shall bear the following words:
‘Meat conforming to Commission Decision 95/108/EC concerning health protection measures against African swine fever in Sardinia, Italy.`
1. Italy prohibits the movement of pigmeat products from the territory of the region of Sardinia.
2. In derogation from paragraph 1 pigmeat products may be sent to areas outside the territory of the region of Sardinia on condition that the products in question:
(a) have undergone treatment in accordance with the provisions of Article 4 (1) (a) of Council Directive 80/215/EEC (1), or (b) have been manufactured at a designated establishment and only from meat which:
(i) complies with the provision of Article 2 paragraphs 2 and 3, or (ii) have entered the territory of Sardinia as fresh pigmeat in accordance with the provisions of Council Directive 64/433/EEC (2).
Meat products referred to in Article 4 (2) (b) consigned from the territory of the region of Sardinia shall be accompanied by a certificate from an official veterinarian. The certificate shall bear the following words:
‘Meat products conforming to Commission Decision 95/108/EC concerning health protection measures against African swine fever in Sardinia, Italy.`
Italy shall present to all Member States and the Commission a list containing name(s) and location of designated slaughterhouse(s) referred to in Article 2 and name(s) and location of designated establishment(s) referred to in Article 4 paragraph 2 (b) and approved by the Central Veterinary Authority.
1. Italy shall establish a National Coordination and Monitoring Committee. The chairman of the Committee shall be provided by the Central Veterinary Authority, which shall be in charge of the implementation of this Decision and the monitoring of measures to eradicate African swine fever. The Committee shall:
– collect data on the surveillance activities carried out by authorities of the region of Sardinia;
– have data-handling facilities;
– have rapid communication links with the region of Sardinia.
2. The Central Veterinary Authority may introduce further protection measures other than those referred to in this Decision if they are deemed necessary.
Member States shall amend the measures which they apply to trade so as to bring them into conformity with this Decision. They shall immediately inform the Commission thereof.
Decision 92/451/EEC is hereby repealed.
This Decision is addressed to the Member States.
Done at Brussels, 28 March 1995.
For the Commission Franz FISCHLER Member of the Commission

Pending: 31994D0724

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1), and in particular Article 30 (8) of Annex II thereto, Whereas Article 30 of Annex II to Decision 91/482/EEC, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation provides that derogations from the rules of origin may be adopted where the development of existing industries or the creation of new industries in a country or territory justifies them; Whereas the Government of Montserrat has requested a derogation from the rules of origin for connections and contact elements for wire and cables, which for a temporary period could not satisfy the rules of origin laid down in Annex II to Decision 91/482/EEC; Whereas granting a derogation would not cause any serious injury to an economic sector of the Community, or of one or more Member States; whereas a temporary derogation could make a positive contribution in respect of employment; Whereas Article 30 of Annex II to Decision 91/482/EEC, and in particular paragraph 7 (b) thereof, provides for an automatically granting of the derogation in case certain conditions are fulfilled; Whereas it concerns non-sensitive materials or products covered by the generalized system of preferences (GSP) applied by the Community at the time of the request; whereas the requested annual quantity is not exceeding 1 % in value of average Community imports of the materials or products in question over the last three years for which statistics are available at the time of the request; whereas the company concerned has present plans for progressive sourcing from the EC which will avoid the need for such a derogation in future; whereas the relevant conditions of Article 30 (7) (b) are therefore respected in the present case; Whereas according to Article 30 (8) of Annex II to Decision 91/482/EEC the procedure laid down in Council Decision 90/523/EEC of 8 October 1990 on the procedure concerning derogations from the rules of origin set out in Protocol 1 to the fourth ACP-EEC Convention (2), is to apply mutatis mutandis to the overseas countries and territories; whereas therefore a draft of the measures to be taken was submitted to the Committee on the Customs Code – Origin Section – which voted in favour of this Decision, HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from the provisions of Annex II to Decision 91/482/EEC, connections and contact elements for wire and cables falling within CN code 8536 90 10 shall be considered as originating in Montserrat when they are processed there from non-originating materials, subject to the conditions set out in this Decision.

Article 2
The derogation provided for in Article 1 shall relate to an annual quantity of 21 000 kilograms exported from Montserrat to the Community during the period 1 November 1994 to 31 October 1999.

Article 3
The competent authorities of Montserrat shall take the necessary steps to carry out quantitative checks on exports referred to in Article 2 and shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 4
This Decision is addressed to the Member Sates.
Done at Brussels, 31 October 1994.
For the Commission
Christiane SCRIVENER
Member of the Commission
(1) OJ No L 263, 19. 9. 1991, p. 1.
(2) OJ No L 290, 23. 10. 1990, p. 33.

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1), and in particular Article 30 (8) of Annex II thereto, Whereas Article 30 of Annex II to Decision 91/482/EEC, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation provides that derogations from the rules of origin may be adopted where the development of existing industries or the creation of new industries in a country or territory justifies them; Whereas the Government of Montserrat has requested a derogation from the rules of origin for connections and contact elements for wire and cables, which for a temporary period could not satisfy the rules of origin laid down in Annex II to Decision 91/482/EEC; Whereas granting a derogation would not cause any serious injury to an economic sector of the Community, or of one or more Member States; whereas a temporary derogation could make a positive contribution in respect of employment; Whereas Article 30 of Annex II to Decision 91/482/EEC, and in particular paragraph 7 (b) thereof, provides for an automatically granting of the derogation in case certain conditions are fulfilled; Whereas it concerns non-sensitive materials or products covered by the generalized system of preferences (GSP) applied by the Community at the time of the request; whereas the requested annual quantity is not exceeding 1 % in value of average Community imports of the materials or products in question over the last three years for which statistics are available at the time of the request; whereas the company concerned has present plans for progressive sourcing from the EC which will avoid the need for such a derogation in future; whereas the relevant conditions of Article 30 (7) (b) are therefore respected in the present case; Whereas according to Article 30 (8) of Annex II to Decision 91/482/EEC the procedure laid down in Council Decision 90/523/EEC of 8 October 1990 on the procedure concerning derogations from the rules of origin set out in Protocol 1 to the fourth ACP-EEC Convention (2), is to apply mutatis mutandis to the overseas countries and territories; whereas therefore a draft of the measures to be taken was submitted to the Committee on the Customs Code – Origin Section – which voted in favour of this Decision, HAS ADOPTED THIS DECISION:
By way of derogation from the provisions of Annex II to Decision 91/482/EEC, connections and contact elements for wire and cables falling within CN code 8536 90 10 shall be considered as originating in Montserrat when they are processed there from non-originating materials, subject to the conditions set out in this Decision.
The derogation provided for in Article 1 shall relate to an annual quantity of 21 000 kilograms exported from Montserrat to the Community during the period 1 November 1994 to 31 October 1999.
The competent authorities of Montserrat shall take the necessary steps to carry out quantitative checks on exports referred to in Article 2 and shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.
This Decision is addressed to the Member Sates.
Done at Brussels, 31 October 1994.
For the Commission
Christiane SCRIVENER
Member of the Commission
(1) OJ No L 263, 19. 9. 1991, p. 1.
(2) OJ No L 290, 23. 10. 1990, p. 33.

Pending: 31994D0621

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 organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by Decision 92/438/EEC (2), and in particular Article 18 (1) thereof, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (3), as last amended by Directive 92/118/EEC (4), and in particular Article 19 (1) thereof, Whereas cases of cholera have been found in Albania; Whereas the presence of cholera in Albania is likely to constitute a serious danger to public health; this requires the rapid adoption at Community level of the necessary protection measures with regard to fishery products and bivalve molluscs; Whereas, in the absence of health guarantees from the Albanian authorities, it is necessary to prohibit imports of fishery products and bivalve molluscs originating in or coming from Albania, HAS ADOPTED THIS DECISION:

Article 1
Member States shall prohibit the importation of fishery products and bivalve molluscs originating in or coming from Albania.

Article 2
Member States shall alter the measures they apply to imports in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 3
This Decision shall apply until 31 October 1994.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 20 September 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 56.
(2) OJ No L 243, 25. 8. 1992, p. 27.
(3) OJ No L 373, 31. 12. 1990, p. 1.
(4) OJ No L 62, 15. 3. 1993, p. 49.

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 organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by Decision 92/438/EEC (2), and in particular Article 18 (1) thereof, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (3), as last amended by Directive 92/118/EEC (4), and in particular Article 19 (1) thereof, Whereas cases of cholera have been found in Albania; Whereas the presence of cholera in Albania is likely to constitute a serious danger to public health; this requires the rapid adoption at Community level of the necessary protection measures with regard to fishery products and bivalve molluscs; Whereas, in the absence of health guarantees from the Albanian authorities, it is necessary to prohibit imports of fishery products and bivalve molluscs originating in or coming from Albania, HAS ADOPTED THIS DECISION:
Member States shall prohibit the importation of fishery products and bivalve molluscs originating in or coming from Albania.
Member States shall alter the measures they apply to imports in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision shall apply until 31 October 1994.
This Decision is addressed to the Member States.
Done at Brussels, 20 September 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 56.
(2) OJ No L 243, 25. 8. 1992, p. 27.
(3) OJ No L 373, 31. 12. 1990, p. 1.
(4) OJ No L 62, 15. 3. 1993, p. 49.

Pending: 31994D0515

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species (1), as last amended by Directive 91/174/EEC (2), and in particular the first indent of Article 6 (1) thereof, Whereas the performance monitoring methods and methods for assessing cattle’s genetic value for pure-bred breeding animals of the bovine species laid down by Commission Decision 86/130/EEC (3) should be adjusted in line with scientific and technological developments; Whereas the assessment by statistical analysis of the performance and the genetic value of cattle should be carried out by bodies approved by the competent authorities of the Member States; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Zootechnics, HAS ADOPTED THIS DECISION:

Article 1
The Annex to Decision 86/130/EEC is hereby replaced by the Annex hereto.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 27 July 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 206, 12. 8. 1977, p. 8.
(2) OJ No L 85, 5. 4. 1991, p. 37.
(3) OJ No L 101, 17. 4. 1986, p. 37.

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine species (1), as last amended by Directive 91/174/EEC (2), and in particular the first indent of Article 6 (1) thereof, Whereas the performance monitoring methods and methods for assessing cattle’s genetic value for pure-bred breeding animals of the bovine species laid down by Commission Decision 86/130/EEC (3) should be adjusted in line with scientific and technological developments; Whereas the assessment by statistical analysis of the performance and the genetic value of cattle should be carried out by bodies approved by the competent authorities of the Member States; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Zootechnics, HAS ADOPTED THIS DECISION:
The Annex to Decision 86/130/EEC is hereby replaced by the Annex hereto.
This Decision is addressed to the Member States.
Done at Brussels, 27 July 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 206, 12. 8. 1977, p. 8.
(2) OJ No L 85, 5. 4. 1991, p. 37.
(3) OJ No L 101, 17. 4. 1986, p. 37.
I. The competent authorities of the Member States are to approve the bodies responsible for setting the rules for performance recording and assessing the genetic value and for publication of the evaluation results of pure-bred breeding animals of the bovine species. The names of the approved bodies must be notified to the Commission and the other Member States.
In particular, these bodies shall give an account of the recording methods, the model of performance description, the statistical method of analysis and the genetic parameters used for each evaluated trait.
II. Performance Recording
All data must be recorded under the responsibility of the approved body.
1. Beef production traits
(a) Individual performance and/or progeny testing at a station
(i) The test method and the number of animals tested are to be indicated.
(ii) The following are to be indicated in the test protocol:
– conditions for acceptance into the station,
– if applicable, the on-farm-performance of the test animals prior to entry into the station,
– identity of the owner of the test animals for individual performance testing,
– maximum age for the test animals entering the station and the age of range of contemporary animals on the station,
– length of adaptation and test periods at the station,
– type of diet and system of feeding.
(iii) Traits recorded: the minimum traits to be recorded include live weight gain and muscular development (beef conformation) and, if available, other traits such as feed conversion and carcass trait.
Specialized units can operate as stations under the responsibility of the approved body.
(b) Testing in the field (on-farm)
The test method and the method to validate test results must be provided by the approved body. The minimum traits to be recorded include live weight and age and, if available, other traits such as beef conformation.
(c) Testing through survey data from farms and points of sale and slaughter
If available and appropriate the live and slaughter weights, sales prices, carcass grade according to the Community carcass classification scheme, meat quality and other beef traits must be recorded.
2. Milk recording
Recording milk production data must comply with the principles agreed by competent international bodies (e.g. International Committee for Animal Recording (ICAR)).
3. Reproduction (secondary traits)
When fertility, calving aptitude and longevity are being evaluated, they must be assessed on the basis of data on fertilization (e.g. non-return-rate), calving score and on functional age (e.g. stayability, culling age, length of productive life), respectively.
4. Morphological (type) assessment
When Morphological rating is carried out, it must be done using an approved recording system.
III. Genetic evaluation
1. Principles
The genetic evaluation of breeding animals must be carried out under the responsibility of the approved body and must include the following performance traits according to the selection objectives:
– milk production traits for animals of dairy breeds,
– beef production traits for animals of beef breeds,
– milk and beef production traits for dual-purpose breeds.
Furthermore, it is recommended that the genetic evaluation should also include the traits of reproductive performance and of morphology for breeds in which recording of these traits is being practised.
The breeding value of an animal is calculated on the basis of the results of the performance of the individual and/or of its relatives.
The statistical methods applied in genetic evaluation must comply with the principles agreed by competent international bodies (e.g. ICAR) and should guarantee a genetic evaluation unbiased from the influences of the main environmental factors and data structure.
The reliability of the genetic evaluation must be measured as the coefficient of determination in accordance with principles agreed by competent international bodies (e.g. ICAR). When publishing the evaluation results, the reliability as well as the date of evaluation must be given.
Genetic peculiarities and genetic defects of an animal defined by the bodies officially appointed for the determination of these characters, in agreement with the breeders organizations or associations, recognized in conformity with Commission Decision 84/247/EEC of 27 April 1984 laying down the criteria for the recognition of breeders organizations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species (1), have to be published.
2. Genetic evaluation of bulls for artificial insemination
The bulls must be subjected to a genetic evaluation on compulsary traits and breeding values on them must be published. Other available breeding values also must be published.
These provisions do not apply to breeds threatened with extinction.
(a) Genetic evaluation of artificial insemination bulls for milk production traits
In the genetic evaluation of dairy traits, the milk yield and content (butterfat and protein percentage) as well as other available and relevant data for the genetic aptitude for dairy traits must be included.
The minimum reliability of the genetic evaluation of AI bulls of the dairy breeds must be at least 0,5 for the main production traits according to ICAR principles taking into account all information from relatives.
(b) Genetic evaluation of artificial insemination bulls fof beef production traits
The genetic evaluation of these bulls is carried out on the basis of one of the following performance testing methods:
(i) individual performance testing on station;
(ii) progeny and/or sib test on station or in specialized units;
(iii) progeny and/or sib test on farm; in such a way that the offsprings are distributed among the recorded herds to allow a valid comparison of bulls to be made;
(iv) progeny and/or sib test by means of collecting data on farms, in auction sales or in slaughter houses in such a way that a valid comparison of bulls can be made.
If carcass weight and, where appropriate, traits of meat quality, growth performance and calving aptitude are being recorded, these traits as well as any other relevant trait must be included in the genetic evaluation of the bull.

Pending: 31994D0360

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 92/118/EEC (2) and particularly Article 8 (3) thereof, Whereas a reduction in the frequency of physical checks of consignments of products imported from third countries should be fixed on the basis of the criteria laid down in Article 8 (3) of Directive 90/675/EEC on experiences in the Member States and the danger to public and animal health in the Community; Whereas, in addition, for certain third countries with which the Community has reached agreements on equivalency, a reduction in the physical checks on certain products can be applied, taking into account, inter alia, the application of the regionalization principle in the case of an animal disease, and of other Community veterinary principles; Whereas the reduction in the frequency of physical checks will be carried out by each Member State; whereas it must be carried out in such a way that it is not possible for an importer to predict whether any particular consignment will be subject to a physical check; Whereas there is a need to review the level of reduction at regular intervals based on information received by the Commission or the Member States on the implementation of the checks in border inspection posts; Whereas Member States should immediately inform the Commission when checks reveal that products do not satisfy the necessary requirements or reveal any other irregularity; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
1. In application of Article (8) of Directive 90/675/EEC, the Member States shall apply the reduction in the frequency of physical checks for the products from third countries as laid down in Annex I to this Decision, where Community decisions have been taken to establish, without prejudice to the EEA agreement:
– a list of approved third countries,
– a list of approved establishments (animal health and public health), and
– a model certificate (animal health and public health).
2. For the third countries referred to in Annex II, the level of physical checks to be carried out by each Member State on consignments of products of the same group shall be as laid down in that Annex.
3. Paragraphs 1 and 2 shall apply without prejudice to Articles 15 and 19 of Directive 90/675/EEC.
Where a Member State applies the measures provided for in Article 15 of Directive 90/675/EEC, the sitution shall be urgently reviewed in accordance with the procedure laid down in Article 23 of Directive 90/675/EEC; for this purpose the Member State concerned shall immediately inform the Comission and the other Member States thereof, in particular with a view to the implementation of the second subparagraph of Article 3 (3) of this Decision.

Article 2
Member States shall organize physical checks in such a way that it is not possible for an importer to predict whether any particular consignment will be subjected to a physical check.

Article 3
1. Member States shall ensure that each border inspection post listed in Commission Decision 94/24/EC (3) maintains a record of results of all checks on imported consignments of products in accordance with Annex III to this Decision, for at least 18 months from the time of inspection. The record of results shall include consignments which are rejected for free circulation in the Community. The central veterinary authority of each Member State shall be responsible for sending to the Commission, before 1 September 1994 and thereafter every six months, a summary of the results in the format set out at Annex III.
2. The Commission shall submit a report to the Standing Veterinary Committee, on the basis of the summaries provided for in paragraph 1, for evaluation of the results of checks carried out.
3. The Commission shall, on the basis of the report referred to in paragraph 2, review the frequencies set out in Annexes I and II twice a year, and for the first time before 1 October 1994.
The Commission shall also review, in accordance with the procedure laid down in Article 23 of Directive 90/675/EEC, the frequencies referred to in Annexes I and II to this Decision at the request of a Member State or on its own initiative, taking into account the criteria laid down in Article 8 (3) of Directive 90/675/EEC, as well as the application of the regionalization principle and of other Community veterinary principles.
4. Were the veterinary checks reveal an irregularity which has serious implications for animal or public health, Member States shall inform the Commission thereof without delay.

Article 4
The frequency of physical checks on consignments of products laid down in Annex I to this Decision shall be without prejudice to the provisions on physical checks set out in Directive 92/118/EEC or any Commission decision made under that Directive, or in any other Community legislation.

Article 5
Wherever a Council decision on equivalence veterinary agreements defines specific frequencies of physical checks, the Commission shall include such frequencies in Annex II.

Article 6
This Decision will be amended as soon as the Council adopts the relevant modifications in Directive 90/675/EEC.

Article 7
This Decision shall apply from 1 October 1994.

Article 8
This Decision is addressed to the Member States.
Done at Brussels, 20 May 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 62, 15. 3. 1993, p. 49.
(3) OJ No L 18, 21. 1. 1994, p. 16.

Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 92/118/EEC (2) and particularly Article 8 (3) thereof, Whereas a reduction in the frequency of physical checks of consignments of products imported from third countries should be fixed on the basis of the criteria laid down in Article 8 (3) of Directive 90/675/EEC on experiences in the Member States and the danger to public and animal health in the Community; Whereas, in addition, for certain third countries with which the Community has reached agreements on equivalency, a reduction in the physical checks on certain products can be applied, taking into account, inter alia, the application of the regionalization principle in the case of an animal disease, and of other Community veterinary principles; Whereas the reduction in the frequency of physical checks will be carried out by each Member State; whereas it must be carried out in such a way that it is not possible for an importer to predict whether any particular consignment will be subject to a physical check; Whereas there is a need to review the level of reduction at regular intervals based on information received by the Commission or the Member States on the implementation of the checks in border inspection posts; Whereas Member States should immediately inform the Commission when checks reveal that products do not satisfy the necessary requirements or reveal any other irregularity; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
1. In application of Article (8) of Directive 90/675/EEC, the Member States shall apply the reduction in the frequency of physical checks for the products from third countries as laid down in Annex I to this Decision, where Community decisions have been taken to establish, without prejudice to the EEA agreement:
– a list of approved third countries,
– a list of approved establishments (animal health and public health), and
– a model certificate (animal health and public health).
2. For the third countries referred to in Annex II, the level of physical checks to be carried out by each Member State on consignments of products of the same group shall be as laid down in that Annex.
3. Paragraphs 1 and 2 shall apply without prejudice to Articles 15 and 19 of Directive 90/675/EEC.
Where a Member State applies the measures provided for in Article 15 of Directive 90/675/EEC, the sitution shall be urgently reviewed in accordance with the procedure laid down in Article 23 of Directive 90/675/EEC; for this purpose the Member State concerned shall immediately inform the Comission and the other Member States thereof, in particular with a view to the implementation of the second subparagraph of Article 3 (3) of this Decision.
Member States shall organize physical checks in such a way that it is not possible for an importer to predict whether any particular consignment will be subjected to a physical check.
1. Member States shall ensure that each border inspection post listed in Commission Decision 94/24/EC (3) maintains a record of results of all checks on imported consignments of products in accordance with Annex III to this Decision, for at least 18 months from the time of inspection. The record of results shall include consignments which are rejected for free circulation in the Community. The central veterinary authority of each Member State shall be responsible for sending to the Commission, before 1 September 1994 and thereafter every six months, a summary of the results in the format set out at Annex III.
2. The Commission shall submit a report to the Standing Veterinary Committee, on the basis of the summaries provided for in paragraph 1, for evaluation of the results of checks carried out.
3. The Commission shall, on the basis of the report referred to in paragraph 2, review the frequencies set out in Annexes I and II twice a year, and for the first time before 1 October 1994.
The Commission shall also review, in accordance with the procedure laid down in Article 23 of Directive 90/675/EEC, the frequencies referred to in Annexes I and II to this Decision at the request of a Member State or on its own initiative, taking into account the criteria laid down in Article 8 (3) of Directive 90/675/EEC, as well as the application of the regionalization principle and of other Community veterinary principles.
4. Were the veterinary checks reveal an irregularity which has serious implications for animal or public health, Member States shall inform the Commission thereof without delay.
The frequency of physical checks on consignments of products laid down in Annex I to this Decision shall be without prejudice to the provisions on physical checks set out in Directive 92/118/EEC or any Commission decision made under that Directive, or in any other Community legislation.
Wherever a Council decision on equivalence veterinary agreements defines specific frequencies of physical checks, the Commission shall include such frequencies in Annex II.
This Decision will be amended as soon as the Council adopts the relevant modifications in Directive 90/675/EEC.
This Decision shall apply from 1 October 1994.
This Decision is addressed to the Member States.
Done at Brussels, 20 May 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 62, 15. 3. 1993, p. 49.
(3) OJ No L 18, 21. 1. 1994, p. 16.
GROUPS OF PRODUCTS AND THE FREQUENCIES OF PHYSICAL CHECKS WHICH MUST BE CARRIED OUT BY EACH MEMBER STATE ON CONSIGNMENTS OF PRODUCTS IMPORTED FROM THIRD COUNTRY ESTABLISHMENTS REFERRED TO IN ARTICLE 1 “” ID=”1″>Category I”> ID=”1″>1. Fresh meat including offal, and products of the bovine, ovine, caprine, porcine and equine species defined in Council Directive 92/5/EEC (1)”> ID=”1″>2. Fish products in hermetically sealed containers intended to render them stable at ambient temperatures, fresh and frozen fish and dry and/or salted fishery products (2)> ID=”2″>20 %”> ID=”1″>3. Whole eggs”> ID=”1″>4. Lard and rendered fats”> ID=”1″>5. Animal casings”> ID=”1″>6. Hatching eggs”> ID=”1″>Category II”> ID=”1″>1. Poultry meat and poultry meat products”> ID=”1″>2. Rabbit meat, game meat (wild/farmed) and products thereof”> ID=”1″>3. Milk and milk products for human consumption”> ID=”1″>4. Egg products> ID=”2″>50 %”> ID=”1″>5. Processed animal protein for human consumption”> ID=”1″>6. Other fishery products than those mentioned under Category I, 2, and bivalve molluscs”> ID=”1″>7. Honey”> ID=”1″>Category III”> ID=”1″>1. Semen”> ID=”1″>2. Embryos”> ID=”1″>3. Manure”> ID=”1″>4. Milk and milk products (not for human consumption)”> ID=”1″>5. Gelatin”> ID=”1″>6. Frog legs and snails”> ID=”1″>7. Bones and bone products”> ID=”1″>8. Hides and skins”> ID=”1″>9. Bristles, wool, hair, feathers> ID=”2″>minimum of 1 % maximum of 10 %”> ID=”1″>10. Horns, horn products, hooves and hoof products”> ID=”1″>11. Apiculture products”> ID=”1″>12. Hunting trophies”> ID=”1″>13. Processed petfood”> ID=”1″>14. Raw material for the manufacture of petfood”> ID=”1″>15. Raw material, blood, blood products, glands and organs for pharmaceutical use”> ID=”1″>16. Blood products for technical use”> ID=”1″>17. Pathogens”> ID=”1″>18. Hay and straw “”>
(1) OJ No L 57, 2. 3. 1992 p. 1.
(2) Without prejudice to Article 10, subparagraph 2, of Directive 91/493/EEC (fresh fish).
LIST OF THIRD COUNTRIES AND FREQUENCIES OF PHYSICAL CHECKS REFERRED TO IN ARTICLE 5