COMMISSION DECISION
of 9 November 2007
amending Annex II to Council Decision 79/542/EEC as regards the list of third countries and parts
thereof from which imports into the Community of certain fresh meat is authorised
(notified under document number C(2007) 5365)
(Text with EEA relevance)
(2007/736/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organisation ofveterinary checks on animals entering the Community fromthird countries and amending Directives 89/662/EEC,90/425/EEC and 90/675/EEC (
1), and in particular Article
18(7) thereof,
Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation ofveterinary checks on products entering the Community fromthird countries (
2), and in particular Article 22(6) thereof,
Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the animal health rules
governing the production, processing, distribution and intro-
duction of products of animal origin for humanconsumption (
3), and in particular the introductory phrase of
Article 8, the first subparagraph of Article 8(1) and Article8(4) thereof,
Whereas:
(1) Part 1 of Annex II to Council Decision 79/542/EEC of
21 December 1976 drawing up a list of third countriesor parts of third countries, and laying down animal andpublic health and veterinary certification conditions, forimportation into the Community of certain live animalsand their fresh meat (
4) sets out a list of third countries
and parts thereof from which Member States areauthorised to import fresh meat of certain animals.(2) That Annex indicates the time periods for which impor-tation into the Community is authorised or notauthorised, in relation to dates of slaughter or killingof the animals from which the meat was obtained.Those periods are indicated in order to allow the impor-tation of fresh meat produced before the animal health
restrictions were applied to certain third countries or
parts thereof.
(3) However, to guarantee a high level of health protectionin the Community, it is appropriate to provide thatimports of fresh meat obtained in a third country fromanimals slaughtered on or before the date of application
of restrictive measures are only allowed for a limited
period of time, namely 90 days. In case of consignmentscertified on or before the date of application of animport ban and transported on high seas at themoment in which the ban enters into force, thatperiod should be 40 days.
(4) The date from which imports into the Community of
fresh meat from a certain third country or parts
thereof are authorised, or banned, should be inserted inAnnex II to Decision 79/542/EEC in order to avoidimports of fresh meat produced in a period in whichan animal health risk was present in such country orpart thereof.
(5) The existing indications of time periods in that Annexhave also created practical problems, both as regards theCommunity border inspection posts when checking thehealth certificates for imports of such meat and for thecompetent services in the exporting third countries whenpreparing those certificates.
(6) As a consequence, in order to achieve a high level ofprotection of health and in order to ensure clarity,coherence and transparency as regards the list of thirdcountries from which imports of fresh meat into theCommunity are authorised, it is appropriate to amendAnnex II to Decision 79/542/EEC and to delete thereferences to those periods. In addition, entriesconcerning certain countries, in particular Paraguay andBrazil, should be updated.EN 15.11.2007 Official Journal of the European Union L 296/29
(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive
2006/104/EC (OJ L 363, 20.12.2006, p. 352).
(2) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive
2006/104/EC.
(3) OJ L 18, 23.1.2003, p. 11.
(4) OJ L 146, 14.6.1979, p. 15. Decision as last amended by Regulation
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).(7) In order to allow the imports of stocks of fresh meat
currently authorised to be imported into the Communityfrom certain third countries or parts thereof underDecision 79/542/EEC, but which no longer will beauthorised after the date of application of the presentDecision, it is appropriate to provide for a transitionalperiod of 90 days.
(8) Due to two outbreaks of foot-and-mouth disease inArgentina in February 2006, Commission Decision2006/259/EC of 27 March 2006 amending Annex IIto Council Decision 79/542/EEC as regards regionali-sation for Argentina and the model certificates relatingto the importation of bovine fresh meat fromArgentina (
1) prohibited imports of de-boned and
matured bovine meat from eight departments in theprovince of Corrientes. A recent Community inspectionin Argentina showed that the current animal healthrestrictions in the eight departments concerned, inparticular as regards foot and mouth disease, are nolonger necessary. Those restrictions should therefore nolonger apply to those areas of Argentina, as requested bythat country.
(9) The inspection also showed that the production of de-boned and matured deer meat in Argentina fulfils theanimal health requirements provided for in Decision79/542/EEC. It is therefore appropriate to authoriseimports into the Community of de-boned and matureddeer meat from Argentina.
(10) Due to two outbreaks of foot-and-mouth disease inBotswana in April 2006, Council Decision 79/542/EEC,as amended by Commission Decision 2006/463/EC (
2),
prohibited imports of de-boned and matured bovinemeat from a part of Botswana. The documentationreceived from Botswana and the favourable outcome ofa Community inspection carried out in that country inMarch 2007 show that the measures taken by Botswanahave been effective in controlling and eliminating thedisease. Accordingly, the current animal health
restrictions in the concerned part of Botswana should
no longer apply.
(11) In addition, the Community inspection consideredfavourably two other regions of Botswana that havebeen recognised by the OIE as free of FMD withoutvaccination. It is therefore opportune to allow theseareas to export to the EU de-boned and maturedbovine, ovine and farmed and wild game meat.
(12) Parts of Colombia are listed in Part 1 of Annex II toDecision 79/542/EEC as parts of a third country fromwhich imports of fresh bovine meat into the Communityare authorised. However, Colombia has not submitted
any residue monitoring plan for fresh bovine meat inaccordance with Commission Decision 2004/432/EC of29 April 2004 on the approval of residue monitoringplans submitted by third countries in accordance withCouncil Directive 96/23/EC (
3). In addition, no estab-
lishments are authorised for export of fresh meat tothe Community. Therefore imports of fresh bovine
meat from Colombia should no longer be authorised
and the necessary amendment made to Part 1 ofAnnex II to Decision 79/542/EEC.
(13) In order to give the possibility to the relevant stake-holders to adapt to the new import regime it is appro-priate to provide that the present Decision applies from1 December 2007.
(14) Decision 79/542/EEC should therefore be amendedaccordingly.
(15) Commission Decision 96/367/EC of 13 June 1996concerning protection measures in relation to foot-and-mouth disease in Albania (
4) and Commission Decision
96/414/EC of 4 July 1996 concerning protectivemeasures with regard to imports of animals and animalproducts from the former Yugoslav Republic ofMacedonia due to outbreaks of foot-and-mouthdisease (
5) are obsolete as the provisions provided for
therein are now laid down in other Community acts.In the interests of clarity and legal certainty, thoseDecisions should be expressly repealed.
(16) The measures provided for in this Decision are inaccordance with the opinion of the StandingCommittee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Part 1 of Annex II to Decision 79/542/EEC is replaced by the
text in the Annex to this Decision.
Article 2
Decisions 96/367/EC and 96/414/EC are repealed.EN L 296/30 Official Journal of the European Union 15.11.2007
(1) OJ L 93, 31.3.2006, p. 65.
(2) OJ L 183, 5.7.2006, p. 20.(3) OJ L 154, 30.4.2004, p. 44. Corrected version (OJ L 189,
27.5.2004, p. 33). Decision as last amended by Decision2007/362/EC (OJ L 138, 30.5.2007, p. 18).
(
4) OJ L 145, 19.6.1996, p. 17. Decision as amended by Decision
98/373/EC (OJ L 170, 16.6.1998, p. 62).
(5) OJ L 167, 6.7.1996, p. 58. Decision as amended by Decision
98/373/EC.Article 3
Imports of fresh meat to the EU which were authorised under
Decision 79/542/EEC which are no longer authorised by theapplication of the present Decision shall continue to beauthorised for a transitional period of 90 days following thedate of application.
Article 4
This Decision shall apply from 1 December 2007.Article 5
This Decision is addressed to the Member States.
Done at Brussels, 9 November 2007.
For the Commission
Markos KYPRIANOU
Member of the CommissionEN 15.11.2007 Official Journal of the European Union L 296/31ANNEX
‘ANNEX II
FRESH MEAT
Part 1
LIST OF THIRD COUNTRIES OR PARTS THEREOF (*)
CountryCode of
TerritoryDescription of territoryVeterinary certificateSpecific
conditionsClosing
date (**)Opening date (***)
Model(s) SG
12 3 4 5 6 7 8
AL—Albania AL-0 Whole country —
AR—Argentina AR-0 Whole country EQU
AR-1 The Provinces of: Buenos Aires,
Catamarca, Corrientes (except the
departments of Berón de Astrada,Capital, Empedrado, General Paz, Itati,Mbucuruyá, San Cosme and San Luís
del Palmar), Entre Ríos, La Rioja,
Mendoza, Misiones, Neuquen, RioNegro, San Juan, San Luis, Santa Fe,Tucuman, Cordoba, La Pampa, Santiago
del Estero, Chaco Formosa, Jujuy and
Salta, excluding the buffer area of 25km from the border with Bolivia and
Paraguay that extends from the Santa
Catalina District in the Province ofJujuy, to the Laishi District in theProvince of FormosaBOV A 1 18 March 2005
RUF A 1 1 December 2007
AR-2 Chubut, Santa Cruz and Tierra del Fuego BOV, OVI,
RUW, RUF1 March 2002
AR-3 Corrientes: the departments of Berón de
Astrada, Capital, Empedrado, General Paz,Itati, Mbucuruyá, San Cosme and San
Luís del PalmarBOV, RUF A 1 1 December 2007
AU —Australia AU-0 Whole country BOV, OVI,
POR, EQU,
RUF, RUW,
SUF, SUW
BA—Bosnia
HerzegovinaBA-0 Whole country —
BH—Bahrain BH-0 Whole country —EN L 296/32 Official Journal of the European Union 15.11.200712 3 4 5 6 7 8
BR—Brazil BR-0 Whole country EQU
BR-1 Part of the State of Minas Gerais (except
regional delegations of Oliveira, Passos,
São Gonçalo de Sapucai, Setelagoas andBambuí), State of Espíritu Santo, State ofGoias, Part of the State of Mato Grosso
comprising the regional units of:
—Cuiaba (except for the municipalities
of San Antonio de Leverger, NossaSenhora do Livramento, Pocone and
Barão de Melgaço),
—Caceres (except for the municipality
of Caceres),
—Lucas do Rio Verde,
—Rondonopolis (except for the munici-
pality of Itiquiora),
—Barra do Garça,
—Barra do Burgres, State of Rio Grande
do SulBOV A and
H1 1 November 2002
BR-2 State of Santa Catarina BOV A and
I1 1 November 2002
BW —Botswana BW-0 Whole country EQU, EQW
BW-1 The veterinary disease control zones 3c,
4b, 5, 6, 8, 9 and 18BOV, OVI,
RUF, RUWF 1 1 December 2007
BW-2 The veterinary disease control zones 10,
11, 12, 13 and 14BOV, OVI,
RUF, RUWF 1 7 March 2002
BY—Belarus BY-0 Whole country —
BZ—Belize BZ-0 Whole country BOV, EQU
CA—Canada CA-0 Whole country BOV, OVI,
POR, EQU,
SUF, SUW,
RUF, RUWG
CH—Switzerland CH-0 Whole country 
CL—Chile CL-0 Whole country BOV, OVI,
POR, EQU,
RUF, RUW,
SUF
CN—China
(People ’s Republic
of)CN-0 Whole country —
CO—Colombia CO-0 Whole country EQUEN 15.11.2007 Official Journal of the European Union L 296/3312 3 4 5 6 7 8
CR—Costa Rica CR-0 Whole country BOV, EQU
CU—Cuba CU-0 Whole country BOV, EQU
DZ—Algeria DZ-0 Whole country —
ET—Ethiopia ET-0 Whole country —
FK—Falkland
IslandsFK-0 Whole country BOV, OVI,
EQU
GL—Greenland GL-0 Whole country BOV, OVI,
EQU, RUF,
RUW
GT—Guatemala GT-0 Whole country BOV, EQU
HK—Hong Kong HK-0 Whole country —
HN —Honduras HN-0 Whole country BOV, EQU
HR—Croatia HR-0 Whole country BOV, OVI,
EQU, RUF,
RUW
IL—Israel IL-0 Whole country —
IN—India IN-0 Whole country —
IS—Iceland IS-0 Whole country BOV, OVI,
EQU, RUF,
RUW
KE—Kenya KE-0 Whole country —
MA —Morocco MA-0 Whole country EQU
ME—Montenegro ME-0 Whole country BOV, OVI,
EQU
MG —Madagascar MG-0 Whole country —
MK —Former
Yugoslav Republicof Macedonia (****)MK-0 Whole country OVI, EQU
MU —Mauritius MU-0 Whole country —
MX —Mexico MX-0 Whole country BOV, EQUEN L 296/34 Official Journal of the European Union 15.11.200712 3 4 5 6 7 8
NA —Namibia NA-0 Whole country EQU, EQW
NA-1 South of the cordon fences which extend
from Palgrave Point in the west to Gamin the eastBOV, OVI,
RUF, RUWF1
NC—New
CaledoniaNC-0 Whole country BOV, RUF,
RUW
NI—Nicaragua NI-0 Whole country —
NZ—New Zealand NZ-0 Whole country BOV, OVI,
POR, EQU,
RUF, RUW,
SUF, SUW
PA—Panama PA-0 Whole country BOV, EQU
PY—Paraguay PY-0 Whole country EQU
RS—Serbia (*****) RS-0 Whole country BOV, OVI,
EQU
RU—Russia RU-0 Whole country —
RU-1 Region of Murmansk, Yamolo-Nenets
autonomous areaRUF
SV—El Salvador SV-0 Whole country —
SZ—Swaziland SZ-0 Whole country EQU, EQW
SZ-1 Area west of the “red line ”fences which
extends northwards from the river Usututo the frontier with South Africa west of
NkalashaneBOV, RUF,
RUWF1
SZ-2 The veterinary foot and mouth
surveillance and vaccination control
areas as gazetted as a StatutoryInstrument under legal notice number51 of 2001BOV, RUF,
RUWF 1 4 August 2003
TH—Thailand TH-0 Whole country —
TN—Tunisia TN-0 Whole country —
TR—Turkey TR-0 Whole country —
TR-1 The provinces of Amasya, Ankara, Aydin,
Balikesir, Bursa, Cankiri, Corum, Denizli,Izmir, Kastamonu, Kutahya, Manisa,
Usak, Yozgat and KirikkaleEQUEN 15.11.2007 Official Journal of the European Union L 296/3512 3 4 5 6 7 8
UA —Ukraine UA-0 Whole country —
US—United States US-0 Whole country BOV, OVI,
POR, EQU,
SUF, SUW,
RUF, RUWG
UY—Uruguay UY-0 Whole country EQU
BOV A 1 1 November 2001
OVI A 1
ZA—South Africa ZA-0 Whole country EQU, EQW
ZA-1 The whole country except:
—the part of the foot-and-mouth
disease control area situated in the
veterinary regions of Mpumalanga
and Northern provinces, in thedistrict of Ingwavuma of the
veterinary region of Natal and in the
border area with Botswana east oflongitude 28°, and
—the district of Camperdown, in the
province of KwaZuluNatalBOV, OVI,
RUF, RUWF1
ZW —Zimbabwe ZW-0 Whole country —
(*) Without prejudice to specific certification requirements provided for by Community agreements with third countries.
(**) Meat from animals slaughtered on or before the date indicated in column 7 can be imported into the Community for 90 days from that date.
Consignments on the high seas can be imported into the Community if certified before the date indicated in column 7 for 40 days from that date.
(N.B.: no date in column 7 means that there are no time restrictions).
(***) Only meat from animals slaughtered on or after the date indicated in column 8 can be imported into the Community (no date in column 8 means that ther e are no
time restrictions).
(****) The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, wh ich will be agreed
following the conclusion of negotiations currently taking place on this subjet in the United Nations.
(*****) Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.= Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products, OJ L 11 4, 30.4.2002,
p. 132.
—= No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country).
“1” Category restrictions:
No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles). ’EN L 296/36 Official Journal of the European Union 15.11.2007