Pending: 31997D0579

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas sound scientific advice is an essential basis for Community rules on consumer health, which concerns matters relating to consumer health in its strictest sense, but also on animal health and welfare, plant health and environmental health;Whereas scientific advice on matters relating to consumer health must, in the interests of consumers and industry, be based on the principles of excellence, independence and transparency;Whereas, besides cases in which consultation of the Scientific Committees is mandatory, those Committees may also be consulted on matters of particular relevance to consumer health and food safety;Whereas, although many of the problems requiring a scientific opinion fall within the field of competence of one of the existing Scientific Committees, it is nonetheless apparent that some problems may involve the competence of several Committees;Whereas, in order to strengthen their cohesion and at the same time avoid certain overlaps, it is appropriate to redefine the activities of certain Committees;Whereas by Decision 97/404/EC (1) the Commission established a Scientific Steering Committee to coordinate the work of the Scientific Committees;Whereas the Commission must be able to obtain sound and timely scientific advice;Whereas several Council directives and a number of Council regulations provide for mandatory consultation of one or another of the current Scientific Committees; whereas the Commission intends to make appropriate proposals to the Council to adapt existing legislation to this Decision,HAS DECIDED AS FOLLOWS:

Article 1
1. The following Scientific Committees are hereby established within the Commission:
– Scientific Committee on Food,
– Scientific Committee on Animal Nutrition,
– Scientific Committee on Animal Health and Animal Welfare,
– Scientific Committee on Veterinary Measures relating to Public Health,
– Scientific Committee on Plants,
– Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers,
– Scientific Committee on Medicinal Products and Medical Devices,
– Scientific Committee on Toxicity, Ecotoxicity and the Environment.
2. The fields of competence of the Scientific Committees shall be as set out in the Annex.
3. The Scientific Committee on Animal Health and Animal Welfare shall be composed of a sub-committee on Animal Health and a sub-committee on Animal Welfare.

Article 2
1. The Scientific Committees shall be consulted in the cases laid down by Community legislation. The Commission may also decide to consult them on other questions of particular relevance to consumer health and food safety.
2. When the question submitted is common to several of the Scientific Committees mentioned in Article 1, and following identification by the Scientific Steering Committee of the Committees involved, they may set up a common working group to prepare their respective opinions. The creation of such a group shall be obligatory if the Scientific Steering Committee so requests.
3. At the Commission’s request, the Scientific Committees shall provide scientific advice on matters relating to consumer health and food safety. In particular, they shall:
(a) critically examine risk assessments made by scientists belonging to Member States’ organizations;
(b) develop new risk-assessment procedures in areas such as food-borne diseases and the transmissibility of animal diseases to man;
(c) draft scientific opinions designed to enable the Commission to evaluate the scientific basis of the recommendations, standards and guidelines prepared in international forums;
(d) evaluate the scientific principles on which Community health standards are based, taking into account the risk-assessment techniques developed by the international organizations concerned.
4. On the basis of trends in existing scientific data, the Scientific Committees may draw the Commission’s attention to any specific or emerging problem falling within their remit in matters of consumer health and food safety.
5. The Commission may require the adoption of an opinion within a specified period.

Article 3
1. Each Scientific Committee shall consist of a maximum of 19 members. The number of members of each Committee shall be determined by the Commission in accordance with the requisite expertise.
2. The members of each Scientific Committee shall be scientific experts in one or more of the fields of competence of that Committee and shall collectively cover the widest possible range of disciplines.
3. The members of the Scientific Committee shall be appointed by the Commission, following publication in the Official Journal of the European Communities of a call for expressions of interest, together with the selection criteria and a description of the selection procedure. The selection procedure shall identify, in a transparent manner, the most suitable applicants for appointment to the Committees. The Commission shall appoint the members of each Scientific Committee from this list of candidates, whereby no appointee may be a member of more than one Scientific Committee. The names of the members of each Scientific Committee shall be published in the Official Journal of the European Communities.

Article 4
The Scientific Committees and the sub-committees of the Scientific Committee on Animal Health and Animal Welfare (hereafter called ‘the sub-committees`) shall elect a chairman and two vice-chairmen from their members. The election shall take place by simple majority of the members which make up the committee or sub-committee.

Article 5
1. Members shall be appointed to the Scientific Committees for a term of three years, and may not remain in office for more than two consecutive terms. They shall remain in office until they are replaced or their appointments are renewed.
2. Where a member of a Scientific Committee is unable to carry out his duties or in the event of his/her voluntary resignation, the Commission shall nominate an appropriate replacement for the remaining term of office, drawn from the list of suitable candidates under Article 3 (3).
3. Members of the Scientific Committees and the external experts shall be remunerated for the services they provide to the Commission, in addition to the reimbursement of travel and subsistence allowances in accordance with the rules laid down by the Commission.

Article 6
1. Members of the Scientific Committees, in their capacity as such, shall act independently of all external influence.
2. Each year the members of the Scientific Committees shall inform the Commission of any interests which might be considered prejudicial to their independence.
3. Members of the Scientific Committees and the external experts shall declare at each meeting any specific interests which might be considered prejudicial to their independence.

Article 7
1. In agreement with the Commission, the Scientific Committees and the sub-committees may invite specialized external experts to participate in their work.
2. The Scientific Committees and the sub-committes may create specific working parties with clearly defined tasks. Each working party shall be chaired by a member of the Committee or of the sub-committee and may include external experts.
3. The working parties shall report to the Scientific Committee or sub-committee to which they are attached.

Article 8
1. The Scientific Committees shall adopt harmonized rules of procedure in collaboration with the Scientific Steering Committee. These rules of procedure shall ensure that the Scientific Committees perform their tasks in the best possible way, in compliance with the principles of excellence, independence and transparency, whilst having regard to legitime requests for commercial confidentiality. They shall be made public.
2. Specifically, for each Scientific Committee, the rules must lay down procedures with a view to:
(a) appointing rapporteurs to assemble information packages and documentation and prepare draft opinions for the Scientific Committee;
(b) verifying that the rapporteurs are in a position to perform their assignments as independently as possible, free of outside influence;
(c) delivering an opinion as quickly as possible, and in any event within the time-limit fixed pursuant to Article 2 (5);
(d) ensuring close collaboration with the other Scientific Committees and the Scientific Steering Committee.
3. The Scientific Committees shall adopt their opinions by a majority of the members which make up the Committee.
4. The sub-committees shall adopt draft opinions by a majority of the members which make up the sub-committee, which shall subsequently be submitted to the Scientific Committee on Animal Health and Animal Welfare for final adoption.

Article 9
1. The Scientific Committees, the sub-committees and the working parties shall be convened at the instance of the Commission.
2. The Commission shall provide the secretariat of the Scientific Committees, the sub-committees and the working parties.

Article 10
The agendas, minutes and opinions of the Scientific Committees shall be made publicly available without undue delay and with regard being had to the need for commercial confidentiality. Minority opinions shall always be included and shall be attributed to members only at their request.

Article 11
Without prejudice to Article 214 of the Treaty, the members and external experts shall be obliged not to divulge information acquired as a result of the work of the Scientific Committees, sub-committees or one of the working parties, when they are informed that this information is subject to a request for confidentiality.

Article 12
1. The Scientific Committees set up by this Decision shall replace the existing Scientific Committees as follows:
(a) The Scientific Committee for Food shall replace the Scientific Committee for Food established by Commission Decision 95/273/EC (2);
(b) The Scientific Committee for Animal Nutrition shall replace the Scientific Committee for Animal Nutrition established by Commission Decision 76/791/EEC (3), as amended by Decision 86/105/EEC (4);
(c) The Scientific Committee on Animal Health and Animal Welfare shall replace the Animal Health section and the Animal Welfare section of the Scientific Veterinary Committee established by Commission Decision 81/651/EEC (5), as last amended by the Act of Accession of Austria, Finland and Sweden;
(d) The Scientific Committee on Veterinary Public Health shall replace the Veterinary Public Health Section of the Scientific Veterinary Committee established by Decision 81/651/EEC;
(e) The Scientific Committee for Plants shall replace the Scientific Committee on Pesticides established by Commission Decision 78/436/EEC (6), as amended by Decision 96/105/EEC;
(f) The Scientific Committee for Cosmetic Products and Non-Food Products intended for Consumers shall replace the Scientific Committee on Cosmetology established by Commission Decision 78/45/EEC (7), as last amended by Decision 94/954/EC (8);
(g) The Scientific Committee for Toxicity, Ecotoxicity and the Environment shall replace the Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds established by Commission Decision 78/618/EEC (9), as last amended by the Act of Accession of Austria, Finland and Sweden.
2. Decisions 76/791/EEC, 78/45/EEC, 78/436/EEC, 78/618/EEC, 81/651/EEC and 95/273/EC are repealed.
However, the Committees established by those decisions shall remain in office until the Scientific Committees established by this Decision take office.
References to the repealed decisions shall be understood as applicable to this Decision; references to the committees and sections established by the repealed decisions shall be understood as applicable to the relevant Committees established by this Decision.
Done at Brussels, 23 July 1997.
For the Commission
Emma BONINO
Member of the Commission
(1) OJ No L 169, 27. 6. 1997, p. 85.
(2) OJ No L 167, 18. 7. 1995, p. 22.
(3) OJ No L 279, 9. 10. 1976, p. 35.
(4) OJ No L 93, 8. 4. 1986, p. 14.
(5) OJ No L 233, 19. 8. 1981, p. 32.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas sound scientific advice is an essential basis for Community rules on consumer health, which concerns matters relating to consumer health in its strictest sense, but also on animal health and welfare, plant health and environmental health;Whereas scientific advice on matters relating to consumer health must, in the interests of consumers and industry, be based on the principles of excellence, independence and transparency;Whereas, besides cases in which consultation of the Scientific Committees is mandatory, those Committees may also be consulted on matters of particular relevance to consumer health and food safety;Whereas, although many of the problems requiring a scientific opinion fall within the field of competence of one of the existing Scientific Committees, it is nonetheless apparent that some problems may involve the competence of several Committees;Whereas, in order to strengthen their cohesion and at the same time avoid certain overlaps, it is appropriate to redefine the activities of certain Committees;Whereas by Decision 97/404/EC (1) the Commission established a Scientific Steering Committee to coordinate the work of the Scientific Committees;Whereas the Commission must be able to obtain sound and timely scientific advice;Whereas several Council directives and a number of Council regulations provide for mandatory consultation of one or another of the current Scientific Committees; whereas the Commission intends to make appropriate proposals to the Council to adapt existing legislation to this Decision,HAS DECIDED AS FOLLOWS:
1. The following Scientific Committees are hereby established within the Commission:
– Scientific Committee on Food,
– Scientific Committee on Animal Nutrition,
– Scientific Committee on Animal Health and Animal Welfare,
– Scientific Committee on Veterinary Measures relating to Public Health,
– Scientific Committee on Plants,
– Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers,
– Scientific Committee on Medicinal Products and Medical Devices,
– Scientific Committee on Toxicity, Ecotoxicity and the Environment.
2. The fields of competence of the Scientific Committees shall be as set out in the Annex.
3. The Scientific Committee on Animal Health and Animal Welfare shall be composed of a sub-committee on Animal Health and a sub-committee on Animal Welfare.
1. The Scientific Committees shall be consulted in the cases laid down by Community legislation. The Commission may also decide to consult them on other questions of particular relevance to consumer health and food safety.
2. When the question submitted is common to several of the Scientific Committees mentioned in Article 1, and following identification by the Scientific Steering Committee of the Committees involved, they may set up a common working group to prepare their respective opinions. The creation of such a group shall be obligatory if the Scientific Steering Committee so requests.
3. At the Commission’s request, the Scientific Committees shall provide scientific advice on matters relating to consumer health and food safety. In particular, they shall:
(a) critically examine risk assessments made by scientists belonging to Member States’ organizations;
(b) develop new risk-assessment procedures in areas such as food-borne diseases and the transmissibility of animal diseases to man;
(c) draft scientific opinions designed to enable the Commission to evaluate the scientific basis of the recommendations, standards and guidelines prepared in international forums;
(d) evaluate the scientific principles on which Community health standards are based, taking into account the risk-assessment techniques developed by the international organizations concerned.
4. On the basis of trends in existing scientific data, the Scientific Committees may draw the Commission’s attention to any specific or emerging problem falling within their remit in matters of consumer health and food safety.
5. The Commission may require the adoption of an opinion within a specified period.
1. Each Scientific Committee shall consist of a maximum of 19 members. The number of members of each Committee shall be determined by the Commission in accordance with the requisite expertise.
2. The members of each Scientific Committee shall be scientific experts in one or more of the fields of competence of that Committee and shall collectively cover the widest possible range of disciplines.
3. The members of the Scientific Committee shall be appointed by the Commission, following publication in the Official Journal of the European Communities of a call for expressions of interest, together with the selection criteria and a description of the selection procedure. The selection procedure shall identify, in a transparent manner, the most suitable applicants for appointment to the Committees. The Commission shall appoint the members of each Scientific Committee from this list of candidates, whereby no appointee may be a member of more than one Scientific Committee. The names of the members of each Scientific Committee shall be published in the Official Journal of the European Communities.
The Scientific Committees and the sub-committees of the Scientific Committee on Animal Health and Animal Welfare (hereafter called ‘the sub-committees`) shall elect a chairman and two vice-chairmen from their members. The election shall take place by simple majority of the members which make up the committee or sub-committee.
1. Members shall be appointed to the Scientific Committees for a term of three years, and may not remain in office for more than two consecutive terms. They shall remain in office until they are replaced or their appointments are renewed.
2. Where a member of a Scientific Committee is unable to carry out his duties or in the event of his/her voluntary resignation, the Commission shall nominate an appropriate replacement for the remaining term of office, drawn from the list of suitable candidates under Article 3 (3).
3. Members of the Scientific Committees and the external experts shall be remunerated for the services they provide to the Commission, in addition to the reimbursement of travel and subsistence allowances in accordance with the rules laid down by the Commission.
1. Members of the Scientific Committees, in their capacity as such, shall act independently of all external influence.
2. Each year the members of the Scientific Committees shall inform the Commission of any interests which might be considered prejudicial to their independence.
3. Members of the Scientific Committees and the external experts shall declare at each meeting any specific interests which might be considered prejudicial to their independence.
1. In agreement with the Commission, the Scientific Committees and the sub-committees may invite specialized external experts to participate in their work.
2. The Scientific Committees and the sub-committes may create specific working parties with clearly defined tasks. Each working party shall be chaired by a member of the Committee or of the sub-committee and may include external experts.
3. The working parties shall report to the Scientific Committee or sub-committee to which they are attached.
1. The Scientific Committees shall adopt harmonized rules of procedure in collaboration with the Scientific Steering Committee. These rules of procedure shall ensure that the Scientific Committees perform their tasks in the best possible way, in compliance with the principles of excellence, independence and transparency, whilst having regard to legitime requests for commercial confidentiality. They shall be made public.
2. Specifically, for each Scientific Committee, the rules must lay down procedures with a view to:
(a) appointing rapporteurs to assemble information packages and documentation and prepare draft opinions for the Scientific Committee;
(b) verifying that the rapporteurs are in a position to perform their assignments as independently as possible, free of outside influence;
(c) delivering an opinion as quickly as possible, and in any event within the time-limit fixed pursuant to Article 2 (5);
(d) ensuring close collaboration with the other Scientific Committees and the Scientific Steering Committee.
3. The Scientific Committees shall adopt their opinions by a majority of the members which make up the Committee.
4. The sub-committees shall adopt draft opinions by a majority of the members which make up the sub-committee, which shall subsequently be submitted to the Scientific Committee on Animal Health and Animal Welfare for final adoption.
1. The Scientific Committees, the sub-committees and the working parties shall be convened at the instance of the Commission.
2. The Commission shall provide the secretariat of the Scientific Committees, the sub-committees and the working parties.
The agendas, minutes and opinions of the Scientific Committees shall be made publicly available without undue delay and with regard being had to the need for commercial confidentiality. Minority opinions shall always be included and shall be attributed to members only at their request.
Without prejudice to Article 214 of the Treaty, the members and external experts shall be obliged not to divulge information acquired as a result of the work of the Scientific Committees, sub-committees or one of the working parties, when they are informed that this information is subject to a request for confidentiality.
1. The Scientific Committees set up by this Decision shall replace the existing Scientific Committees as follows:
(a) The Scientific Committee for Food shall replace the Scientific Committee for Food established by Commission Decision 95/273/EC (2);
(b) The Scientific Committee for Animal Nutrition shall replace the Scientific Committee for Animal Nutrition established by Commission Decision 76/791/EEC (3), as amended by Decision 86/105/EEC (4);
(c) The Scientific Committee on Animal Health and Animal Welfare shall replace the Animal Health section and the Animal Welfare section of the Scientific Veterinary Committee established by Commission Decision 81/651/EEC (5), as last amended by the Act of Accession of Austria, Finland and Sweden;
(d) The Scientific Committee on Veterinary Public Health shall replace the Veterinary Public Health Section of the Scientific Veterinary Committee established by Decision 81/651/EEC;
(e) The Scientific Committee for Plants shall replace the Scientific Committee on Pesticides established by Commission Decision 78/436/EEC (6), as amended by Decision 96/105/EEC;
(f) The Scientific Committee for Cosmetic Products and Non-Food Products intended for Consumers shall replace the Scientific Committee on Cosmetology established by Commission Decision 78/45/EEC (7), as last amended by Decision 94/954/EC (8);
(g) The Scientific Committee for Toxicity, Ecotoxicity and the Environment shall replace the Scientific Advisory Committee to examine the toxicity and ecotoxicity of chemical compounds established by Commission Decision 78/618/EEC (9), as last amended by the Act of Accession of Austria, Finland and Sweden.
2. Decisions 76/791/EEC, 78/45/EEC, 78/436/EEC, 78/618/EEC, 81/651/EEC and 95/273/EC are repealed.
However, the Committees established by those decisions shall remain in office until the Scientific Committees established by this Decision take office.
References to the repealed decisions shall be understood as applicable to this Decision; references to the committees and sections established by the repealed decisions shall be understood as applicable to the relevant Committees established by this Decision.
Done at Brussels, 23 July 1997.
For the Commission
Emma BONINO
Member of the Commission
(1) OJ No L 169, 27. 6. 1997, p. 85.
(2) OJ No L 167, 18. 7. 1995, p. 22.
(3) OJ No L 279, 9. 10. 1976, p. 35.
(4) OJ No L 93, 8. 4. 1986, p. 14.
(5) OJ No L 233, 19. 8. 1981, p. 32.
Scientific Committee on Food
Field of Competence
Scientific and technical questions concerning consumer health and food safety associated with the consumption of food products and in particular questions relating to toxicology and hygiene in the entire food production chain, nutrition, and applications of agrifood technologies, as well as those relating to materials coming into contact with foodstuffs, such as packaging.
Scientific Committee on Animal Nutrition
Field of Competence
Scientific and technical questions concerning animal nutrition, its effect on animal health, on the quality and health of products of animal origin, and concerning the technologies applied to animal nutrition.
Scientific Committee on Animal Health and Animal Welfare
Sub-committee on Animal Health
Field of Competence
Scientific and technical questions concerning all aspects of animal health, hygiene, animal diseases and therapies, including zoonoses of non-food origin and zootechnics.
Sub-committee on Animal Welfare
Fields of Competence
Scientific and technical questions concerning the protection of animals, notably in regard to animal husbandry, herd management, transport, slaughter and experimentation.
Scientific Committee on Veterinary Measures relating to Public Health
Field of Competence
Scientific and technical questions concerning consumer health and food safety, and relating to zoonotic, toxicological, veterinary and notably hygiene measures applicable to the production, processing, and supply of food of animal origin.
Scientific Committee on Plants
Field of Competence
Scientific and technical questions relating to plants intended for human or animal consumption, production or processing of non-food products as regards characteristics liable to affect human or animal health or the environment, including the use of pesticides.
Scientific Committee for Cosmetic Products, and Non-food Products intended for Consumers
Field of Competence
Scientific and technical questions concerning consumer health relating to cosmetic products and non-food products intended for the consumer especially substances used in the preparation of these products, their composition, use as well as their types of packaging.
Scientific Committee on Medicinal Products and Medical Devices
Field of Competence
Scientific and technical questions relating to Community legislation concerning medicaments for human and veterinary use, without prejudice to the specific competences given to the Committee for Proprietary Medicinal Products and the Committee on Veterinary Medicinal Products (1) in the context of the evaluation of medicaments. Scientific and technical questions relating to Community legislation concerning medical materials and equipment.
Scientific Committee for Toxicity, Ecotoxicity and the Environment
Field of Competence
Scientific and technical questions relating to examinations of the toxicity and ecotoxicity of chemical, biochemical and biological compounds whose use may have harmful consequences for human health and the environment.
(1) Committees established in the European Agency for the Evaluation of Medicinal Products.

Pending: 31997D0569

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Council Decision 79/542/EEC (3), as last amended by Commission Decision 97/160/EC (4), draws up a list of third countries from which the Member States authorize imports of meat products;Whereas a list of third countries from which the Member States authorize imports of products prepared from poultrymeat and wild game meat has been drawn up pursuant to Council Directive 92/118/EEC (5), as last amended by Directive 96/90/EC (6);Whereas Commission Decision 94/278/EC (7), as last amended by Decision 96/344/EC (8), draws up a list of third countries from which the Member States authorize imports of products prepared from rabbit meat and farmed game meat;Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of meat products have been laid down in Commission Decision 97/221/EC (9), on the one hand, and on the other hand by Commission Decision 97/41/EC (10);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community may be suspended;Whereas the Commission has been unable to ascertain in the case of all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in meat products from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import meat products from the establishments they have recognized on the proviso that trade in these meat products will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Council Decision 95/408/EC;Whereas, in the case of the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (11);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export meat products to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import meat products meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing meat products can thus be drawn up in respect of certain countries;Whereas, in accordance with Article 2 of Decision 95/408/EC, Mauritius has forwarded the data of one establishment authorized to export to the Community;Whereas a Community on-the-spot inspection has shown that the hygiene standards of this establishment are sufficient and it may therefore be entered on a first list of establishments from which imports of meat products may be authorized; whereas Commission Decision 97/365/EC should therefore be amended accordingly (12);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. The Member States shall authorize imports of meat products from the establishments listed in Annex I hereto.
2. In the case of third countries other than those in Annex I, Member States may authorize establishments for the import of meat products up to 1 January 1998.
3. Imports of meat products shall remain subject to the Community veterinary provisions adopted elsewhere.

Article 2
The Annex to Commission Decision 97/365/EC is hereby amended by inserting the Republic of Mauritius in accordance with Annex II to this Decision.

Article 3
This Decision shall apply from 1 July 1997.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 16 July 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 146, 14. 6. 1979, p. 15.
(4) OJ No L 62, 4. 3. 1997, p. 39.
(5) OJ No L 62, 15. 3. 1993, p. 49.
(6) OJ No L 13, 16. 1. 1997, p. 24.
(7) OJ No L 120, 11. 5. 1994, p. 44.
(8) OJ No L 133, 4. 6. 1996, p. 28.
(9) OJ No L 89, 4. 4. 1997, p. 32.
(10) OJ No L 17, 21. 1. 1997, p. 34.
(11) OJ No L 124, 16. 5. 1997, p. 50.
(12) OJ No L 154, 12. 6. 1997, p. 41.
ANEXO I / BILAG I / ANHANG I / ÐÁÑÁÑÔÇÌÁ É / ANNEX I / ANNEXE I / ALLEGATO I / BIJLAGE I / ANEXO I / LIITE I / BILAGA I
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: productos cárnicos / Produkt: kødprodukter / Erzeugnis: Fleischerzeugnisse / Ðñïúüí: íùðü êñÝáò ðïõëåñéêþí / Product: meat products / Produit: Produits à base de viandes / Prodotto: prodotti a base di carne / Product: vleesproducten / Produto: produtos à base de carne / Tuote: lihatuotteet / Varuslag: köttvaror

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Council Decision 79/542/EEC (3), as last amended by Commission Decision 97/160/EC (4), draws up a list of third countries from which the Member States authorize imports of meat products;Whereas a list of third countries from which the Member States authorize imports of products prepared from poultrymeat and wild game meat has been drawn up pursuant to Council Directive 92/118/EEC (5), as last amended by Directive 96/90/EC (6);Whereas Commission Decision 94/278/EC (7), as last amended by Decision 96/344/EC (8), draws up a list of third countries from which the Member States authorize imports of products prepared from rabbit meat and farmed game meat;Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of meat products have been laid down in Commission Decision 97/221/EC (9), on the one hand, and on the other hand by Commission Decision 97/41/EC (10);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community may be suspended;Whereas the Commission has been unable to ascertain in the case of all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in meat products from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import meat products from the establishments they have recognized on the proviso that trade in these meat products will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Council Decision 95/408/EC;Whereas, in the case of the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (11);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export meat products to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import meat products meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing meat products can thus be drawn up in respect of certain countries;Whereas, in accordance with Article 2 of Decision 95/408/EC, Mauritius has forwarded the data of one establishment authorized to export to the Community;Whereas a Community on-the-spot inspection has shown that the hygiene standards of this establishment are sufficient and it may therefore be entered on a first list of establishments from which imports of meat products may be authorized; whereas Commission Decision 97/365/EC should therefore be amended accordingly (12);Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. The Member States shall authorize imports of meat products from the establishments listed in Annex I hereto.
2. In the case of third countries other than those in Annex I, Member States may authorize establishments for the import of meat products up to 1 January 1998.
3. Imports of meat products shall remain subject to the Community veterinary provisions adopted elsewhere.
The Annex to Commission Decision 97/365/EC is hereby amended by inserting the Republic of Mauritius in accordance with Annex II to this Decision.
This Decision shall apply from 1 July 1997.
This Decision is addressed to the Member States.
Done at Brussels, 16 July 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 146, 14. 6. 1979, p. 15.
(4) OJ No L 62, 4. 3. 1997, p. 39.
(5) OJ No L 62, 15. 3. 1993, p. 49.
(6) OJ No L 13, 16. 1. 1997, p. 24.
(7) OJ No L 120, 11. 5. 1994, p. 44.
(8) OJ No L 133, 4. 6. 1996, p. 28.
(9) OJ No L 89, 4. 4. 1997, p. 32.
(10) OJ No L 17, 21. 1. 1997, p. 34.
(11) OJ No L 124, 16. 5. 1997, p. 50.
(12) OJ No L 154, 12. 6. 1997, p. 41.
ANEXO I / BILAG I / ANHANG I / ÐÁÑÁÑÔÇÌÁ É / ANNEX I / ANNEXE I / ALLEGATO I / BIJLAGE I / ANEXO I / LIITE I / BILAGA I
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: productos cárnicos / Produkt: kødprodukter / Erzeugnis: Fleischerzeugnisse / Ðñïúüí: íùðü êñÝáò ðïõëåñéêþí / Product: meat products / Produit: Produits à base de viandes / Prodotto: prodotti a base di carne / Product: vleesproducten / Produto: produtos à base de carne / Tuote: lihatuotteet / Varuslag: köttvaror

Pending: 31997D0517

THE COMMISSION OF THE EUROPEAN COMMUNITIES,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 organisation of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19 thereof,Whereas Community inspections in Madagascar have shown that there are serious deficiencies with regard to infrastructure and hygiene in meat establishments and that there are not enough guarantees of the efficiency of the controls carried out by the competent authorities; whereas animal health management in Madagascar shows severe deficiencies and non-application of Community rules; whereas there is a potential risk for public health with regard to the production and processing of animal products, excluding fishery products, in this country;Whereas imports of products of animal origin, excluding fishery products, from Madagascar must not be allowed until it can be guaranteed that no more risk exists;Whereas this Decision will be reviewed before 30 November 1997;Whereas the measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
This Decision shall apply to products of animal origin, excluding fishery products, originating in Madagascar.

Article 2
Without prejudice to Commission Decision 97/516/EC (3), Member States shall prohibit imports of products of animal origin.
However, consignments which left Madagascar prior to the entry into force of this Decision, and which are presented at the Community inspection post for importation before 15 August 1997, shall be submitted to a re-inforced physical examination and if appropriate, a microbiological examination for the detection, in particular, of Bacillus anthracis and Clostridium chauvoei.

Article 3
This Decision will be reviewed before 30 November 1997.

Article 4
The Member States shall modify the measures they apply in trade in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 1 August 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 162, 1. 7. 1996, p. 1.
(3) See page 53 of this Official Journal.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,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 organisation of veterinary checks on products entering the Community from third countries (1), as last amended by Directive 96/43/EC (2), and in particular Article 19 thereof,Whereas Community inspections in Madagascar have shown that there are serious deficiencies with regard to infrastructure and hygiene in meat establishments and that there are not enough guarantees of the efficiency of the controls carried out by the competent authorities; whereas animal health management in Madagascar shows severe deficiencies and non-application of Community rules; whereas there is a potential risk for public health with regard to the production and processing of animal products, excluding fishery products, in this country;Whereas imports of products of animal origin, excluding fishery products, from Madagascar must not be allowed until it can be guaranteed that no more risk exists;Whereas this Decision will be reviewed before 30 November 1997;Whereas the measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
This Decision shall apply to products of animal origin, excluding fishery products, originating in Madagascar.
Without prejudice to Commission Decision 97/516/EC (3), Member States shall prohibit imports of products of animal origin.
However, consignments which left Madagascar prior to the entry into force of this Decision, and which are presented at the Community inspection post for importation before 15 August 1997, shall be submitted to a re-inforced physical examination and if appropriate, a microbiological examination for the detection, in particular, of Bacillus anthracis and Clostridium chauvoei.
This Decision will be reviewed before 30 November 1997.
The Member States shall modify the measures they apply in trade in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision is addressed to the Member States.
Done at Brussels, 1 August 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 373, 31. 12. 1990, p. 1.
(2) OJ No L 162, 1. 7. 1996, p. 1.
(3) See page 53 of this Official Journal.

Pending: 31997D0510

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas, under the terms of Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from the provisions of that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;Whereas, by registered letter to the Commission dated 5 February 1997, Ireland requested authorization to introduce a measure derogating from Article 21 (1) of Directive 77/388/EEC;Whereas, in accordance with Article 27 (3) of Directive 77/388/EEC, the other Member States were informed on 4 March 1997 of the request made by Ireland;Whereas Ireland operates a specific system of applying VAT to property based, on the one hand, on the option under Article 5 (3) of Directive 77/388/EEC to treat the supply of certain interests (i.e. a lease of 10 years or more) in immovable property as a supply of goods and, on the other hand, on a derogation authorized under Article 27 (5) to treat the granting of such an interest by a lessor as a disposal of the lessor’s entire interest in the property;Whereas Community law gives Member States a great deal of discretion in determining the VAT treatment to be applied to immovable goods, and its transposition has led to considerable variations in the national laws applied in this field;Whereas avoidance schemes have been set up, based on the use of surrender, including by way of abandonment of a leasehold interest or assignment of a leasehold interest, which result in the avoidance of the VAT where the ultimate acquirer of the property is not entitled to a full deduction of VAT;Whereas it is also necessary to extend the derogation to the surrender or assignment of a leasehold interest to a taxable person having full right of deduction, as the surrender or the assignment of a leasehold interest will often arise due to financial difficulties of the lessee;Whereas the measure envisaged is a derogation from Article 21 (1) (a) of Directive 77/388/EEC, whereby the person liable for the tax is the taxable person who carries out the taxable transaction;Whereas the derogation provides that, where a surrender or assignment of a lease-hold interest is a taxable supply of goods, the person acquiring the interest is liable for the payment of the tax if that person is a taxable person or a non-taxable legal person;Whereas this derogation should ensure a better functioning of the current VAT regime applied by Ireland on immovable goods;Whereas, given the limited scope of the derogation, the special measure is proportionate to the aim pursued;Whereas there exists a serious risk that use of the said VAT avoidance scheme will increase in the period between the request for a derogation and the authorization thereof; whereas at the latest since the publication on 26 March 1997 of the draft legislation which is the subject of the present request for a derogation, suppliers, lessors and lessees of property have no longer had a legitimate expectation of the continuation of the Irish legislation in force before that date; whereas it is therefore appropriate to authorize the derogation to take effect from 26 March 1997;Whereas the Commission adopted on 10 July 1996 a work programme based on a step-by-step approach for progressing towards a new common system of VAT;Whereas the tax treatment of immovable goods is an important issue to be reviewed in this programme;Whereas the last package of proposals is to be put forward by mid-1999 and, in order to permit an evaluation of the coherence of the derogation with the global approach of the new common VAT system, the authorization is granted until 31 December 1999;Whereas the derogation does not have a negative impact on the own resources of the European Communities accruing from VAT,HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Article 21 (1) (a) of Directive 77/388/EEC, Ireland is hereby authorized, from 26 March 1997 until 31 December 1999, to designate the person to whom the supply is made as the person liable to pay the tax where the two following conditions are met:
– a surrender or assignment of a leasehold interest is treated as a supply of goods made by a lessee,
– the person acquiring the leasehold interest is a taxable person or a non-taxable legal person.

Article 2
This Decision is addressed to Ireland.
Done at Brussels, 24 July 1997.
For the Council
The President
M. FISCHBACH
(1) OJ No L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 96/95/EC, OJ No L 338, 28. 12. 1996, p. 89.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas, under the terms of Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from the provisions of that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;Whereas, by registered letter to the Commission dated 5 February 1997, Ireland requested authorization to introduce a measure derogating from Article 21 (1) of Directive 77/388/EEC;Whereas, in accordance with Article 27 (3) of Directive 77/388/EEC, the other Member States were informed on 4 March 1997 of the request made by Ireland;Whereas Ireland operates a specific system of applying VAT to property based, on the one hand, on the option under Article 5 (3) of Directive 77/388/EEC to treat the supply of certain interests (i.e. a lease of 10 years or more) in immovable property as a supply of goods and, on the other hand, on a derogation authorized under Article 27 (5) to treat the granting of such an interest by a lessor as a disposal of the lessor’s entire interest in the property;Whereas Community law gives Member States a great deal of discretion in determining the VAT treatment to be applied to immovable goods, and its transposition has led to considerable variations in the national laws applied in this field;Whereas avoidance schemes have been set up, based on the use of surrender, including by way of abandonment of a leasehold interest or assignment of a leasehold interest, which result in the avoidance of the VAT where the ultimate acquirer of the property is not entitled to a full deduction of VAT;Whereas it is also necessary to extend the derogation to the surrender or assignment of a leasehold interest to a taxable person having full right of deduction, as the surrender or the assignment of a leasehold interest will often arise due to financial difficulties of the lessee;Whereas the measure envisaged is a derogation from Article 21 (1) (a) of Directive 77/388/EEC, whereby the person liable for the tax is the taxable person who carries out the taxable transaction;Whereas the derogation provides that, where a surrender or assignment of a lease-hold interest is a taxable supply of goods, the person acquiring the interest is liable for the payment of the tax if that person is a taxable person or a non-taxable legal person;Whereas this derogation should ensure a better functioning of the current VAT regime applied by Ireland on immovable goods;Whereas, given the limited scope of the derogation, the special measure is proportionate to the aim pursued;Whereas there exists a serious risk that use of the said VAT avoidance scheme will increase in the period between the request for a derogation and the authorization thereof; whereas at the latest since the publication on 26 March 1997 of the draft legislation which is the subject of the present request for a derogation, suppliers, lessors and lessees of property have no longer had a legitimate expectation of the continuation of the Irish legislation in force before that date; whereas it is therefore appropriate to authorize the derogation to take effect from 26 March 1997;Whereas the Commission adopted on 10 July 1996 a work programme based on a step-by-step approach for progressing towards a new common system of VAT;Whereas the tax treatment of immovable goods is an important issue to be reviewed in this programme;Whereas the last package of proposals is to be put forward by mid-1999 and, in order to permit an evaluation of the coherence of the derogation with the global approach of the new common VAT system, the authorization is granted until 31 December 1999;Whereas the derogation does not have a negative impact on the own resources of the European Communities accruing from VAT,HAS ADOPTED THIS DECISION:
By way of derogation from Article 21 (1) (a) of Directive 77/388/EEC, Ireland is hereby authorized, from 26 March 1997 until 31 December 1999, to designate the person to whom the supply is made as the person liable to pay the tax where the two following conditions are met:
– a surrender or assignment of a leasehold interest is treated as a supply of goods made by a lessee,
– the person acquiring the leasehold interest is a taxable person or a non-taxable legal person.
This Decision is addressed to Ireland.
Done at Brussels, 24 July 1997.
For the Council
The President
M. FISCHBACH
(1) OJ No L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 96/95/EC, OJ No L 338, 28. 12. 1996, p. 89.

Pending: 31997D0468

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Council Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Commission Decision 94/86/EC (3), as last amended by Decision 96/137/EC (4), draws up a list of third countries from which the Member States authorize imports of wild game meat;Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of wild game meat have been laid down in Commission Decision 97/218/EC (5), and in Decision 97/220/EC (6);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in wild game meat from those countries, it is necessary to grant a further period during which Member States will be able to continue to import wild game meat from the establishments they have recognized under the reservation that the trade in this meat will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas, concerning the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (7);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export wild game meat to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import wild game meat meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing wild game meat can thus be drawn up in respect of certain countries;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. The Member States shall authorize imports of wild game meat from the establishments of the third countries listed in the Annex hereto.
2. Concerning third countries other than those in the Annex, Member States may authorize establishments for import of wild game meat up to 1 January 1998.
3. Imports of wild game meat shall remain subject to the Community veterinary provisions adopted elsewhere.

Article 2
This Decision shall apply from 1 July 1997.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 7 July 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 44, 17. 2. 1994, p. 33.
(4) OJ No L 31, 9. 2. 1996, p. 31.
(5) OJ No L 88, 3. 4. 1997, p. 25.
(6) OJ No L 88, 3. 4. 1997, p. 70.
(7) OJ No L 124, 16. 5. 1997, p. 50.
ANEXO – BILAG – ANHANG – ÐÁÑÁÑÔÇÌÁ – ANNEX – ANNEXE – ALLEGATO – BIJLAGE – ANEXO – LIITE – BILAGA
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: Carne de caza salvaje / Produkt: Kød af vildtlevende vildt / Erzeugnis: Wildfleisch / Ðñïúüí: ÊñÝáò Üãñéùí èçñáìÜôùí / Product: Wild game meat / Produit: Viande de gibier sauvage / Prodotto: Carni di selvaggina / Product: Vlees van vrij wild / Produto: Carne de caça selvagem / Tuote: Luonnonvaraisen riistan liha / Varuslag: Viltkött
1 = Referencia nacional / National reference / National-Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens
2 = Nombre / Navn / Name / Ôßôëïò åãêáôÜóôáóçò / Name / Nom / Nome / Naam / Nome / Nimi / Namn
3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad
4 = Región / Region / Region / Ðåñéï÷Þ / Region / Région / Regione / Regio / Região / Alue / Region
5 = Actividad / Aktivitet / Tätigkeit / Åßäïò åãêáôÜóôáóçò / Activity / Activité / Attività / Activiteit / Actividade / Toimintamuoto / Verksamhet

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Council Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Commission Decision 94/86/EC (3), as last amended by Decision 96/137/EC (4), draws up a list of third countries from which the Member States authorize imports of wild game meat;Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of wild game meat have been laid down in Commission Decision 97/218/EC (5), and in Decision 97/220/EC (6);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in wild game meat from those countries, it is necessary to grant a further period during which Member States will be able to continue to import wild game meat from the establishments they have recognized under the reservation that the trade in this meat will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas, concerning the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (7);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export wild game meat to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import wild game meat meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing wild game meat can thus be drawn up in respect of certain countries;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. The Member States shall authorize imports of wild game meat from the establishments of the third countries listed in the Annex hereto.
2. Concerning third countries other than those in the Annex, Member States may authorize establishments for import of wild game meat up to 1 January 1998.
3. Imports of wild game meat shall remain subject to the Community veterinary provisions adopted elsewhere.
This Decision shall apply from 1 July 1997.
This Decision is addressed to the Member States.
Done at Brussels, 7 July 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 44, 17. 2. 1994, p. 33.
(4) OJ No L 31, 9. 2. 1996, p. 31.
(5) OJ No L 88, 3. 4. 1997, p. 25.
(6) OJ No L 88, 3. 4. 1997, p. 70.
(7) OJ No L 124, 16. 5. 1997, p. 50.
ANEXO – BILAG – ANHANG – ÐÁÑÁÑÔÇÌÁ – ANNEX – ANNEXE – ALLEGATO – BIJLAGE – ANEXO – LIITE – BILAGA
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: Carne de caza salvaje / Produkt: Kød af vildtlevende vildt / Erzeugnis: Wildfleisch / Ðñïúüí: ÊñÝáò Üãñéùí èçñáìÜôùí / Product: Wild game meat / Produit: Viande de gibier sauvage / Prodotto: Carni di selvaggina / Product: Vlees van vrij wild / Produto: Carne de caça selvagem / Tuote: Luonnonvaraisen riistan liha / Varuslag: Viltkött
1 = Referencia nacional / National reference / National-Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens
2 = Nombre / Navn / Name / Ôßôëïò åãêáôÜóôáóçò / Name / Nom / Nome / Naam / Nome / Nimi / Namn
3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad
4 = Región / Region / Region / Ðåñéï÷Þ / Region / Région / Regione / Regio / Região / Alue / Region
5 = Actividad / Aktivitet / Tätigkeit / Åßäïò åãêáôÜóôáóçò / Activity / Activité / Attività / Activiteit / Actividade / Toimintamuoto / Verksamhet

Pending: 31997D0467

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Commission Decision 94/278/EC (3), as last amended by Decision 96/344/EC (4), draws up a list of third countries from which the Member States authorize imports of rabbit meat;Whereas a list of third countries from which the Member States authorize imports of farmed game meat has been drawn up pursuant to Council Directive 92/118/EEC (5), as last amended by Directive 96/90/EC (6);Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of rabbit meat and farmed game meat products have been laid down in Commission Decision 97/219/EC (7);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in rabbit meat and farmed game meat from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import rabbit meat and farmed game meat from the establishments they have recognized under the reservation that the trade in these meats will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas, concerning the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (8);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export rabbit meat and farmed game meat to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import rabbit meat and farmed game meat meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing rabbit meat and farmed game meat can thus be drawn up in respect of certain countries;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. The Member States shall authorize imports of rabbit meat and farmed game meat from the establishments of third countries listed in the Annex hereto.
2. Concerning third countries other than those in the Annex, Member States may authorize establishments for import of rabbit meat and farmed game meat up to 1 January 1998.
3. Imports of rabbit meat and farmed game meat shall remain subject to the Community veterinary provisions adopted elsewhere.

Article 2
This Decision shall apply from 1 July 1997.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 7 July 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 120, 11. 5. 1994, p. 44.
(4) OJ No L 133, 4. 6. 1996, p. 28.
(5) OJ No L 62, 15. 3. 1993, p. 49.
(6) OJ No L 13, 16. 1. 1997, p. 24.
(7) OJ No L 88, 3. 4. 1997, p. 45.
(8) OJ No L 124, 16. 5. 1997, p. 50.
ANEXO – BILAG – ANHANG – ÐÁÑÁÑÔÇÌÁ – ANNEX – ANNEXE – ALLEGATO – BIJLAGE – ANEXO – LIITE – BILAGA
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: Carne de conejo y carne de caza de cría (*) / Produkt: Kød af kanin og af opdrættet vildt (*) / Erzeugnis: Kaninchenfleisch und Fleisch von Zuchtwild (*) / Ðñïúüí: ÊñÝáò êïõíåëéïý êáé åêôñåöïìÝíùí èçñáìÜôùí (*) / Product: Rabbit meat and farmed game meat (*) / Produit: Viande de lapin et viande de gibier d’élevage (*) / Prodotto: Carni di coniglio e carni di selvaggina d’allevamento (*) / Product: Konijnenvlees en vlees van gekweekt wild (*) / Produto: Carne de coelho e carne de caça de criação (*) / Tuote: Tarhatun riistan ja kanin liha (*) / Varuslag: Kaninkött och kött från vilda djur i hägn (*)
(*) = Carne fresca / Fersk kød / Frisches Fleisch / Íùðü ÊñÝáò / Fresh Meat / Viande fraîche / Carni fresche / Vers vlees / Carne fresca / Tuore liha / Färskt kött
1 = Referencia nacional / National reference / National-Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens
2 = Nombre / Navn / Name / Ôßôëïò åãêáôÜóôáóçò / Name / Nom / Nome / Naam / Nome / Nimi / Namn
3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Decision 97/34/EC (2), and in particular Article 2 (1) and Article 7 thereof,Whereas Commission Decision 94/278/EC (3), as last amended by Decision 96/344/EC (4), draws up a list of third countries from which the Member States authorize imports of rabbit meat;Whereas a list of third countries from which the Member States authorize imports of farmed game meat has been drawn up pursuant to Council Directive 92/118/EEC (5), as last amended by Directive 96/90/EC (6);Whereas, for many of the countries on that list the animal health and veterinary certification requirements for importation of rabbit meat and farmed game meat products have been laid down in Commission Decision 97/219/EC (7);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in rabbit meat and farmed game meat from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import rabbit meat and farmed game meat from the establishments they have recognized under the reservation that the trade in these meats will be limited to the national market; whereas during that further period the Commission will collect from those countries the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas, concerning the Czech Republic, a list of establishments has been drawn up by Commission Decision 97/299/EC (8);Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export rabbit meat and farmed game meat to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import rabbit meat and farmed game meat meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing rabbit meat and farmed game meat can thus be drawn up in respect of certain countries;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. The Member States shall authorize imports of rabbit meat and farmed game meat from the establishments of third countries listed in the Annex hereto.
2. Concerning third countries other than those in the Annex, Member States may authorize establishments for import of rabbit meat and farmed game meat up to 1 January 1998.
3. Imports of rabbit meat and farmed game meat shall remain subject to the Community veterinary provisions adopted elsewhere.
This Decision shall apply from 1 July 1997.
This Decision is addressed to the Member States.
Done at Brussels, 7 July 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 120, 11. 5. 1994, p. 44.
(4) OJ No L 133, 4. 6. 1996, p. 28.
(5) OJ No L 62, 15. 3. 1993, p. 49.
(6) OJ No L 13, 16. 1. 1997, p. 24.
(7) OJ No L 88, 3. 4. 1997, p. 45.
(8) OJ No L 124, 16. 5. 1997, p. 50.
ANEXO – BILAG – ANHANG – ÐÁÑÁÑÔÇÌÁ – ANNEX – ANNEXE – ALLEGATO – BIJLAGE – ANEXO – LIITE – BILAGA
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: Carne de conejo y carne de caza de cría (*) / Produkt: Kød af kanin og af opdrættet vildt (*) / Erzeugnis: Kaninchenfleisch und Fleisch von Zuchtwild (*) / Ðñïúüí: ÊñÝáò êïõíåëéïý êáé åêôñåöïìÝíùí èçñáìÜôùí (*) / Product: Rabbit meat and farmed game meat (*) / Produit: Viande de lapin et viande de gibier d’élevage (*) / Prodotto: Carni di coniglio e carni di selvaggina d’allevamento (*) / Product: Konijnenvlees en vlees van gekweekt wild (*) / Produto: Carne de coelho e carne de caça de criação (*) / Tuote: Tarhatun riistan ja kanin liha (*) / Varuslag: Kaninkött och kött från vilda djur i hägn (*)
(*) = Carne fresca / Fersk kød / Frisches Fleisch / Íùðü ÊñÝáò / Fresh Meat / Viande fraîche / Carni fresche / Vers vlees / Carne fresca / Tuore liha / Färskt kött
1 = Referencia nacional / National reference / National-Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens
2 = Nombre / Navn / Name / Ôßôëïò åãêáôÜóôáóçò / Name / Nom / Nome / Naam / Nome / Nimi / Namn
3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad

Pending: 31997D0427

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 thereof,Whereas legislation of Australia makes the ‘Department of Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS)` responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and marine gastropods and for monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers AQIS to authorize or prohibit the harvesting of live bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones;Whereas the AQIS and its laboratories are capable of effectively verifying the applications of the laws in force in Australia;Whereas the competent authorities of Australia have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvest zones;Whereas the competent authorities of Australia have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of production and relaying zones, approval of dispatch and purification centres and public health control and production monitoring; whereas, in particular, any possible change in harvesting zones is to be communicated to the Community;Whereas Australia is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC;Whereas Australia wishes to export to the Community frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods;Whereas, for this purpose, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community must be designated;Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2), as last amended by Directive 95/22/EEC (3);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
The ‘Department of Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS)` shall be the competent authority in Australia for verifying and certifying that live bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.

Article 2
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Australia and intended for human consumption must originate in the authorized production areas listed in the Annex hereto.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 June 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 46, 19. 2. 1991, p. 1.
(3) OJ No L 243, 11. 10. 1995, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 thereof,Whereas legislation of Australia makes the ‘Department of Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS)` responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and marine gastropods and for monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers AQIS to authorize or prohibit the harvesting of live bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones;Whereas the AQIS and its laboratories are capable of effectively verifying the applications of the laws in force in Australia;Whereas the competent authorities of Australia have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvest zones;Whereas the competent authorities of Australia have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of production and relaying zones, approval of dispatch and purification centres and public health control and production monitoring; whereas, in particular, any possible change in harvesting zones is to be communicated to the Community;Whereas Australia is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC;Whereas Australia wishes to export to the Community frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods;Whereas, for this purpose, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community must be designated;Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2), as last amended by Directive 95/22/EEC (3);Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The ‘Department of Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS)` shall be the competent authority in Australia for verifying and certifying that live bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Australia and intended for human consumption must originate in the authorized production areas listed in the Annex hereto.
This Decision is addressed to the Member States.
Done at Brussels, 25 June 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 46, 19. 2. 1991, p. 1.
(3) OJ No L 243, 11. 10. 1995, p. 1.
Production zones in compliance with provision laid down in Annex I, 1 (a) to Directive 91/492/EEC

Pending: 31997D0426

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), as last amended by Directive 95/71/EC (2), and in particular Article 11 thereof,Whereas a group of Commission experts has conducted an inspection visit to Australia to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of Australian legislation on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas in Australia the Department for Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS), is capable of effectively verifying the application of the laws in force;Whereas the procedure for obtaining the health certificate referred to in Article 11 (4) (a) of Directive 91/493/EEC must also cover the definition of a model certificate, the minimum requirements regarding the language(s) in which it must be drafted and the grade of person empowered to sign it;Whereas, pursuant to Article 11 (4) (b) of Directive 91/493/EEC, a mark should be affixed to packages of fishery products, giving the name of the third country and the approval number of the establishment of origin;Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments must be drawn up; whereas that list must be drawn up on the basis of a communication from AQIS to the Commission; whereas it is therefore for the Ministry of Health to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;Whereas AQIS has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments;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
The Department for Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS) is recognized as the competent authority in Australia for verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.

Article 2
Fishery and aquaculture products originating in Australia must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model set out in Annex A hereto;
2. the products must come from approved establishments listed in Annex B hereto;
3. except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘Australia` and the approval number of the establishment of origin in indelible letters.

Article 3
1. The certificate referred to in point 1 of Article 2 must be drawn up in at least one official language of the Member State where the checks are carried out.
2. The certificate must bear the name, capacity and signature of the representative of AQIS and the latter’s official stamp in a colour different from that of the other indications on the certificate.

Article 4
This Decision shall apply from 1 September 1997.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 25 June 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 332, 30. 12. 1995, p. 40.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), as last amended by Directive 95/71/EC (2), and in particular Article 11 thereof,Whereas a group of Commission experts has conducted an inspection visit to Australia to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of Australian legislation on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas in Australia the Department for Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS), is capable of effectively verifying the application of the laws in force;Whereas the procedure for obtaining the health certificate referred to in Article 11 (4) (a) of Directive 91/493/EEC must also cover the definition of a model certificate, the minimum requirements regarding the language(s) in which it must be drafted and the grade of person empowered to sign it;Whereas, pursuant to Article 11 (4) (b) of Directive 91/493/EEC, a mark should be affixed to packages of fishery products, giving the name of the third country and the approval number of the establishment of origin;Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments must be drawn up; whereas that list must be drawn up on the basis of a communication from AQIS to the Commission; whereas it is therefore for the Ministry of Health to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;Whereas AQIS has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The Department for Primary Industries and Energy – Australian Quarantine and Inspection Service – (AQIS) is recognized as the competent authority in Australia for verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.
Fishery and aquaculture products originating in Australia must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model set out in Annex A hereto;
2. the products must come from approved establishments listed in Annex B hereto;
3. except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘Australia` and the approval number of the establishment of origin in indelible letters.
1. The certificate referred to in point 1 of Article 2 must be drawn up in at least one official language of the Member State where the checks are carried out.
2. The certificate must bear the name, capacity and signature of the representative of AQIS and the latter’s official stamp in a colour different from that of the other indications on the certificate.
This Decision shall apply from 1 September 1997.
This Decision is addressed to the Member States.
Done at Brussels, 25 June 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 332, 30. 12. 1995, p. 40.
>START OF GRAPHIC>
HEALTH CERTIFICATE
for fishery or aquaculture products originating in Australia and intended for export to the European Community
Reference No:
Country of dispatch: Australia
Competent authority: Department of Primary Industries and Energy – Australian Quarantine and Inspection Service (AQIS)
I. Details identifying the products
Description of fishery or aquaculture product (1):
– species (scientific name):
– presentation of product and type of treatment (2):
Code number (where available):
Type of packaging:
Number of packages:
Net weight:
Requisite storage and transport temperature:
II. Origin of products
Name(s) and official approval number(s) of establishment(s) approved by AQIS for exports to the European Community:
III. Destination of products
The fishery or aquaculture products (1) are dispatched
from: (place of dispatch)
to: (country and place of destination)
by the following means of transport:
Name and address of dispatcher:
Name of consignee and address at place of destination:
(1) Delete where inapplicable.
(2) Live, refrigerated, frozen, salted, smoked, preserved, etc.
IV. Health attestation
The official inspector hereby certifies that the fishery and aquaculture products specified above:
1. were caught and handled on board vessels in accordance with the health rules laid down by Directive 92/48/EEC;
2. were landed, handled and, where appropriate, packaged, prepared, processed, frozen, thawed and stored hygienically in compliance with the requirements laid down in Chapters II, III and IV of the Annex to Directive 91/493/EEC;
3. have undergone health controls in accordance with Chapter V of the Annex to Directive 91/493/EEC;
4. are packaged, marked, stored and transported in accordance with Chapters VI, VII and VIII of the Annex to Directive 91/493/EEC;
5. do not come from toxic species or species containing biotoxins;
6. have satisfactorily undergone the organoleptic, parasitological, chemical and microbiological checks laid down for certain categories of fishery products by Directive 91/493/EEC and in the implementing decisions thereto;
7. in addition, where the fishery products are frozen or processed bivalve molluscs: the molluscs were obtained from approved production areas laid down by Annex to Decision 97/427/EC laying down special conditions for the import of live bivalve molluscs echinoderms, tunicates, and marine gastropods originating in Australia.
The undersigned official inspector hereby declares that he is aware of the provisions of Directives 91/493/EEC, 92/48/EEC and Decision 97/427/EC.
(Signature of official inspector) (1)
Official seal (1)
(name in capital letters, capacity and qualifications of person signing) (1)
(1) The colour of the stamp and signature must be different from that of the other particulars in the certificate.
>END OF GRAPHIC>
LIST OF APPROVED ESTABLISHMENTS AND FACTORY VESSELS
I. Establishments
II. Factory vessels

Pending: 31997D0299

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as amended by Decision 97/34/EC (2), and in particular Article 2 (1) thereof,Whereas a veterinary and phytosanitary protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (3), is being concluded;Whereas an evaluation of the Czech Republic Veterinary Services has been carried out with positive results;Whereas the Commission has received from the Czech Republic lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas provisional lists of establishments producing certain products of animal origin can thus be drawn up in respect of the Czech Republic;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. The Member States shall authorize the relevant imports from the establishments in the Czech Republic listed in the Annex as from the date of implementation of European Community certificates for the corresponding product.
2. Imports from the establishments listed in the Annex shall remain subject to the Community veterinary provisions adopted elsewhere.

Article 2
This Decision shall apply from the 15th day after its notification to the Member States.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 24 April 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 360, 31. 12. 1994, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as amended by Decision 97/34/EC (2), and in particular Article 2 (1) thereof,Whereas a veterinary and phytosanitary protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (3), is being concluded;Whereas an evaluation of the Czech Republic Veterinary Services has been carried out with positive results;Whereas the Commission has received from the Czech Republic lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas provisional lists of establishments producing certain products of animal origin can thus be drawn up in respect of the Czech Republic;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. The Member States shall authorize the relevant imports from the establishments in the Czech Republic listed in the Annex as from the date of implementation of European Community certificates for the corresponding product.
2. Imports from the establishments listed in the Annex shall remain subject to the Community veterinary provisions adopted elsewhere.
This Decision shall apply from the 15th day after its notification to the Member States.
This Decision is addressed to the Member States.
Done at Brussels, 24 April 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 360, 31. 12. 1994, p. 1.
LIST OF THE PLANTS APPROVED FOR EXPORT PURPOSES TO EC IN THE CZECH REPUBLIC
1. Meat product plants (according to Council Directives 72/462/EEC and 77/99/EEC)
2. Rabbit plants (according to Council Directives 92/118/EEC and 91/495/EEC)
TABLE POSITION>
3. Pigeon plants (according to Directives 92/118/EEC and 91/495/EEC)
4. Cloven-hoofed game, wild boars, hares, pheasants exporting plants (according to Council Directive 92/45/EEC)
5. Snail and fish exporting plants (according to Council Directives 92/118/EEC and 91/493/EEC)
6. Dairy plants (according to Council Directive 92/46/EEC)
7. Dairy plants (according to Council Directives 92/118/EEC and 92/46/EEC)
TABLE POSITION>
8. Egg and egg-product exporting plants (according to Council Directives 92/118/EEC and 89/437/EEC)
9. For lists of establishments for poultry meat and for fresh meat of swine, bovines, caprines, ovines and solipeds, see Commission Decisions 97/4/EC and 93/546/EEC respectively.

Pending: 31997D0252

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as amended by Decision 97/34/EC (2), and in particular Article 2 (1) thereof,Whereas Commission Decision 95/340/EEC (3), as last amended by Decision 96/584/EC (4), draws up a list of third countries from which the Member States authorize imports of milk and milk products;Whereas the health and veterinary certification requirements for imports of milk and milk products from the countries appearing on that list have been laid down in Commission Decision 95/343/EEC (5), as last amended by Decision 97/115/EC (6);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in milk and milk products from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import milk and milk products from the establishments they have recognized; whereas, during that further period, the Commission will collect from the countries concerned the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export milk and milk products to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import milk and milk products meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing milk and milk products can thus be drawn up in respect of certain countries;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. The Member States shall authorize imports of milk and milk products from the establishments listed in the Annex hereto.
2. Up to 1 July 1997 the Member States may authorize imports of milk and milk products from establishments in third countries other than those listed in the Annex hereto.
3. Imports of milk and milk products shall remain subject to Community veterinary provisions adopted elsewhere.

Article 2
This Decision shall apply with effect from 1 April 1997.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 March 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 200, 24. 8. 1995, p. 38.
(4) OJ No L 255, 9. 10. 1996, p. 20.
(5) OJ No L 200, 24. 8. 1995, p. 52.
(6) OJ No L 42, 13. 2. 1997, p. 16.
ANEXO / BILAG / ANHANG / ÐÁÑÁÑÔÇÌÁ / ANNEX / ANNEXE / ALLEGATO / BIJLAGE / ANEXO / LIITE / BILAGA
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: leche y productos lácteos / Produkt: mælk og mejeriprodukter / Erzeugnis: Milch und Milcherzeugnisse / Ðñïúüí: ãÜëá êáé ãáëáêôïêïìéêÜ ðñïúüíôá / Product: milk and milk products / Produit: lait et produits laitiers / Prodotto: latte e prodotti lattiero-caseari / Product: melk en zuivelproducten / Produto: leite e produtos lácteos / Tuote: maito- ja maitotuotteet / Varuslag: mjölk och mjölkprodukter
1 = Referencia nacional / National reference / Nationaler Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens
2 = Nombre / Navn / Name / ¼íïìá / Name / Nom / Nome / Naam / Nome / Nimi / Namn
3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad
4 = Región / Region / Region / Ðåñéï÷Þ / Region / Région / Regione / Regio / Região / Alue / Region
5 = Menciones especiales / Særlige bemærkninger / Besondere Bemerkungen / ÅéäéêÝò ðáñáôçñÞóåéò / Special remarks / Mentions spéciales / Note particolari / Bijzondere opmerkingen / Menções especiais / Erikoismainintoja / Anmärkningar
6 = * Países y establecimientos que cumplen todos los requisitos del apartado 1 del artículo 2 de la Decisión 95/408/CE del Consejo.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (1), as amended by Decision 97/34/EC (2), and in particular Article 2 (1) thereof,Whereas Commission Decision 95/340/EEC (3), as last amended by Decision 96/584/EC (4), draws up a list of third countries from which the Member States authorize imports of milk and milk products;Whereas the health and veterinary certification requirements for imports of milk and milk products from the countries appearing on that list have been laid down in Commission Decision 95/343/EEC (5), as last amended by Decision 97/115/EC (6);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, to prevent the interruption of trade in milk and milk products from those countries, it is necessary to grant them a further period during which Member States will be able to continue to import milk and milk products from the establishments they have recognized; whereas, during that further period, the Commission will collect from the countries concerned the guarantees needed in order to be able to add them to the list in accordance with the procedure laid down in Decision 95/408/EC;Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules will no longer be permitted to export milk and milk products to the Community;Whereas Member States will be responsible therefore for satisfying themselves that the establishments from which they import milk and milk products meet requirements for production and placing on the market which are no less stringent than the Community requirements;Whereas provisional lists of establishments producing milk and milk products can thus be drawn up in respect of certain countries;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. The Member States shall authorize imports of milk and milk products from the establishments listed in the Annex hereto.
2. Up to 1 July 1997 the Member States may authorize imports of milk and milk products from establishments in third countries other than those listed in the Annex hereto.
3. Imports of milk and milk products shall remain subject to Community veterinary provisions adopted elsewhere.
This Decision shall apply with effect from 1 April 1997.
This Decision is addressed to the Member States.
Done at Brussels, 25 March 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 243, 11. 10. 1995, p. 17.
(2) OJ No L 13, 16. 1. 1997, p. 33.
(3) OJ No L 200, 24. 8. 1995, p. 38.
(4) OJ No L 255, 9. 10. 1996, p. 20.
(5) OJ No L 200, 24. 8. 1995, p. 52.
(6) OJ No L 42, 13. 2. 1997, p. 16.
ANEXO / BILAG / ANHANG / ÐÁÑÁÑÔÇÌÁ / ANNEX / ANNEXE / ALLEGATO / BIJLAGE / ANEXO / LIITE / BILAGA
LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÐÉÍÁÊÁÓ ÔÙÍ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR
Producto: leche y productos lácteos / Produkt: mælk og mejeriprodukter / Erzeugnis: Milch und Milcherzeugnisse / Ðñïúüí: ãÜëá êáé ãáëáêôïêïìéêÜ ðñïúüíôá / Product: milk and milk products / Produit: lait et produits laitiers / Prodotto: latte e prodotti lattiero-caseari / Product: melk en zuivelproducten / Produto: leite e produtos lácteos / Tuote: maito- ja maitotuotteet / Varuslag: mjölk och mjölkprodukter
1 = Referencia nacional / National reference / Nationaler Code / Åèíéêüò áñéèìüò Ýãêñéóçò / National reference / Référence nationale / Riferimento nazionale / Nationale code / Referência nacional / Kansallinen referenssi / Nationell referens
2 = Nombre / Navn / Name / ¼íïìá / Name / Nom / Nome / Naam / Nome / Nimi / Namn
3 = Ciudad / By / Stadt / Ðüëç / Town / Ville / Città / Stad / Cidade / Kaupunki / Stad
4 = Región / Region / Region / Ðåñéï÷Þ / Region / Région / Regione / Regio / Região / Alue / Region
5 = Menciones especiales / Særlige bemærkninger / Besondere Bemerkungen / ÅéäéêÝò ðáñáôçñÞóåéò / Special remarks / Mentions spéciales / Note particolari / Bijzondere opmerkingen / Menções especiais / Erikoismainintoja / Anmärkningar
6 = * Países y establecimientos que cumplen todos los requisitos del apartado 1 del artículo 2 de la Decisión 95/408/CE del Consejo.