EN    EN EN 
SANCO/6009/2009 EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 10.6.2009 
 
  
Draft 
COMMISSION DECISION 
of […] 
amending Decision 2004/407/EC as regards  authorising import s of photographic 
gelatine into the Czech Republic 
(Only the Czech, Dutch, English, French and German texts are authentic) 
 
 EN 2   EN Draft 
COMMISSION DECISION 
of […] 
amending Decision 2004/407/EC as regards  authorising import s of photographic 
gelatine into the Czech Republic 
(Only the Czech, Dutch, English, French and German texts are authentic) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Regulation (EC) No 1774/2002 of  European Parliament and of the Council 
of 3 October 2002 laying down health rules co ncerning animal by-products not intended for 
human consumption1, and in particular Articles  4(4) and 32(1) thereof, 
Whereas: (1) Regulation (EC) No 1774/2002 prohibits th e importation and transit of animal by-
products and processed products into the Co mmunity, unless they are authorised in 
accordance with that Regulation. 
(2) Commission Decision 2004/407/EC of 26 Ap ril 2004 on transitional sanitary and 
certification rules under Regulation (EC) No 1774/2002 of the European Parliament 
and of the Council as regards import from  certain third countries of photographic 
gelatine
2 provides that Belgium, Luxembourg, the Netherlands and the United 
Kingdom are to authorise the importation of certain gelatine excl usively intended for 
the photographic industry (phot ographic gelatine), in comp liance with that Decision.  
(3) Decision 2004/407/EC provides that the impor tation of photographic gelatine is only 
authorised from the third countries listed in the Annex to that Decision, namely Japan 
and the United States. In accordance with that Decision, imported consignments have 
to be transported to the plant of destina tion under strict cha nnelling conditions, in 
order to prevent potential risks to public and animal health. 
(4) The Czech Republic has submitted a request for the authorisation of imports of 
photographic gelatine from those third countries to  an establishmen t on its territory. 
The Czech Republic has confirmed that the strict channelling conditions under Decision 2004/407/EC will be applied in orde r to prevent potential health risks.  
                                                
 
1 OJ L 273, 10.10.2002, p. 1. 
2  OJ L 151, 30.4.2004, p. 11. EN 3   EN (5) Accordingly, and pending the review of th e technical requirements for the import of 
animal by-products under the revised Animal  By-products Regulation, based on the 
proposal from the Commission3, the Czech Republic should be allowed to authorise 
the importation of photographic gelatine subjec t to compliance with the conditions set 
out in Decision 2004/407/EC. However, for geographical reasons, those imports may 
take place via Germany.  
(6) Decision 2004/407/EC should therefore be amended accordingly. 
(7) The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health, 
HAS ADOPTED THIS DECISION:  
Article 1 
Decision 2004/407/EC is amended as follows: 
(1)  Article 1 is replaced by the following: 
'Article 1 
Derogation regarding the im port of photographic gelatine  
By way of derogation from Article 29( 1) of Regulation (EC) No 1774/2002/EC, 
Belgium, the Czech Republic, Luxembourg, the Netherlands and the United Kingdom shall authorise the import of gelatine produced from materials containing bovine 
vertebral column classified as Category 1 material under that Re gulation, exclusively 
intended for the photographic industry (photogra phic gelatine), in compliance with this 
Decision.'  
(2)  Article 9 is replaced by the following: 
'Article 9 
Addresses 
This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Grand 
Duchy of Luxembourg, the Kingdom of th e Netherlands and the United Kingdom of 
Great Britain and Northern Ireland.' 
(3)  Annex I is amended in accordance with the Annex to this Decision. 
  
Article 2 
This Decision is addressed to the Kingdom of  Belgium, the Czech Republic, the Grand Duchy 
of Luxembourg, the Kingdom of the Netherla nds and the United Kingdom of Great Britain 
and Northern Ireland. 
                                                
 
3 COM(2008) 345 final of 10 June 2008. EN 4   EN   
Done at Brussels, […] 
 For the Commission 
 Androulla VASSILIOU  Member of the Commission EN 5   EN ANNEX  
Annex I is replaced by the following: 
‘ANNEX I 
THIRD COUNTRIES AND PLANTS OF ORIGIN , MEMBER STATES OF DESTINATION , BORDER 
INSPECTION POSTS OF FIRST ENTRY INTO THE COMMUNITY AND APPROVED PHOTOGRAPHIC 
FACTORIES  
Third 
country 
of origin Plants of origin Member State 
of destination Border 
inspection 
post of first 
entry into the 
Community Approved 
photographic 
factories 
Nitta Gelatin Inc. 
2-22 Futamata Yao-City, Osaka 581 – 0024 Japan 
 
Jellie Co. ltd. 
7-1, Wakabayashi 2-Chome, Wakabayashi-ku, Sendai-city, Miyagi, 
982 Japan 
 NIPPI Inc. Gelatin Division 
1 Yumizawa-Cho Fujinomiya City Shizuoka 418 – 0073 Japan 
 the Netherlands  Rotterdam FUJIFILM 
Europe B.V.,  Oudenstaart 1 5047 TK Tilburg,  
The Netherlands  
United 
Kingdom 
 Liverpool 
Felixstowe 
 Kodak Ltd 
Headstone Drive, 
Harrow, MIDDX HA4 4TY, The United Kingdom 
 Japan 
Nitta Gelatin Inc. 
2-22 Futamata 
Yao-City, Osaka 581 – 0024, Japan 
Czech Republic Hamburg FOMA 
BOHEMIA spol. s r.o. 
Jana Krušinky 
1604 501 04 Hradec Králove, The Czech 
Republic  
 EN 6   EN Luxembourg Antwerp 
Zaventem Luxembourg DuPont Teijin 
Luxembourg SA PO Box 1681 
L-1016 
Luxembourg 
 Eastman Gelatine Corporation, 
227 Washington Street, Peabody, MA, 01960 USA 
 
Gelita North America, 
2445 Port Neal Industrial Road Sergeant Bluff, Iowa, 51054 USA United 
Kingdom 
 Liverpool 
Felixstowe 
 Kodak Ltd 
Headstone Drive, Harrow, MIDDX HA4 4TY, 
The United 
Kingdom United States of America 
Eastman Gelatine Corporation, 
227 Washington Street, 
Peabody, MA, 01960 USA 
 Czech Republic Hamburg FOMA 
BOHEMIA spol. 
s r.o. Jana Krušinky 1604 501 04 Hradec Králove, 
The Czech 
Republic'