# Official Journal L 151/14 J

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 151 |
| | |
| English edition | Legislation | Volume 4814 June 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 151

English edition

Legislation

Volume 4814 June 2005

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| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 888/2005 of 13 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 888/2005 of 13 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | Commission Decision of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC
  (notified under document number C(2005) 1616)

   (
  1
  ) | 3 |
| | * | Commission Decision of 9 June 2005 amending Decision 92/452/EEC as regards embryo collection teams in the United States of America
  (notified under document number C(2005) 1687)

   (
  1
  ) | 19 |
| | * | Commission Decision of 9 June 2005 amending Decision 2005/393/EC as regards exemptions from the exit ban for domestic movements of animals from the restricted zones
  (notified under document number C(2005) 1689)

   (
  1
  ) | 21 |
| | * | Commission Decision of 9 June 2005 providing for the temporary marketing of certain seed of the species Pisum sativum, Vicia faba and Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively
  (notified under document number C(2005) 1692)

   (
  1
  ) | 23 |
| | * | Commission Decision of 13 June 2005 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease | 26 |

II   Acts whose publication is not obligatory

Commission

*

Commission Decision of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC
  (notified under document number C(2005) 1616)

   (
  1
  )

(notified under document number C(2005) 1616)

1

3

*

Commission Decision of 9 June 2005 amending Decision 92/452/EEC as regards embryo collection teams in the United States of America
  (notified under document number C(2005) 1687)

   (
  1
  )

(notified under document number C(2005) 1687)

1

19

*

Commission Decision of 9 June 2005 amending Decision 2005/393/EC as regards exemptions from the exit ban for domestic movements of animals from the restricted zones
  (notified under document number C(2005) 1689)

   (
  1
  )

(notified under document number C(2005) 1689)

1

21

*

Commission Decision of 9 June 2005 providing for the temporary marketing of certain seed of the species Pisum sativum, Vicia faba and Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively
  (notified under document number C(2005) 1692)

   (
  1
  )

Pisum sativum

Vicia faba

Linum usitatissimum

(notified under document number C(2005) 1692)

1

23

*

Commission Decision of 13 June 2005 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease

26

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts whose publication is obligatory

| 14.6.2005 | EN | Official Journal of the European Union | L 151/1 |
| --- | --- | --- | --- |

14.6.2005

EN

Official Journal of the European Union

L 151/1

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COMMISSION REGULATION (EC) No 888/2005

of 13 June 2005

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 14 June 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

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(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

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ANNEX

to Commission Regulation of 13 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 60,4 |
| 204 | 50,1 |
| 999 | 55,3 |
| 0707 00 05 | 052 | 84,3 |
| 999 | 84,3 |
| 0709 90 70 | 052 | 89,3 |
| 999 | 89,3 |
| 0805 50 10 | 324 | 59,0 |
| 382 | 70,4 |
| 388 | 58,6 |
| 528 | 65,4 |
| 624 | 68,8 |
| 999 | 64,4 |
| 0808 10 80 | 388 | 92,3 |
| 400 | 115,2 |
| 404 | 90,1 |
| 508 | 76,1 |
| 512 | 70,4 |
| 524 | 70,5 |
| 528 | 66,2 |
| 720 | 72,7 |
| 804 | 91,9 |
| 999 | 82,8 |
| 0809 10 00 | 052 | 161,7 |
| 624 | 183,0 |
| 999 | 172,4 |
| 0809 20 95 | 052 | 295,8 |
| 068 | 238,7 |
| 400 | 427,3 |
| 999 | 320,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

60,4

204

50,1

999

55,3

0707 00 05

052

84,3

999

84,3

0709 90 70

052

89,3

999

89,3

0805 50 10

324

59,0

382

70,4

388

58,6

528

65,4

624

68,8

999

64,4

0808 10 80

388

92,3

400

115,2

404

90,1

508

76,1

512

70,4

524

70,5

528

66,2

720

72,7

804

91,9

999

82,8

0809 10 00

052

161,7

624

183,0

999

172,4

0809 20 95

052

295,8

068

238,7

400

427,3

999

320,6

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of other origin’.

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II Acts whose publication is not obligatory

Commission

| 14.6.2005 | EN | Official Journal of the European Union | L 151/3 |
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14.6.2005

EN

Official Journal of the European Union

L 151/3

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COMMISSION DECISION

of 3 June 2005

laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC

(notified under document number C(2005) 1616)

(Text with EEA relevance)

(2005/432/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/118/EEC of 17 December 1992, laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (1), and in particular Article 10(2)(c) 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 introduction of products of animal origin for human consumption (2), and in particular the introductory phrase of Article 8, the first paragraph of Article 8(1), Article 8(4), Article 9(2)(b), Article 9(4)(b) and (c) thereof,

Whereas:

| (1) | Commission Decision 97/41/EC of 18 December 1996 establishing health conditions and a public health certificate for the importation from third countries of meat products obtained from poultry meat, farmed game meat, wild game meat, and rabbit meat (3) lays down public health conditions for the importation into the Community of certain meat products. |
| --- | --- |

(1)

Commission Decision 97/41/EC of 18 December 1996 establishing health conditions and a public health certificate for the importation from third countries of meat products obtained from poultry meat, farmed game meat, wild game meat, and rabbit meat (3) lays down public health conditions for the importation into the Community of certain meat products.

| (2) | Commission Decision 97/221/EC of 28 February 1997 laying down the animal health conditions and model veterinary certificates in respect of imports of meat products from third countries and revoking Decision 91/449/EEC (4) lays down animal health conditions and certification rules for the importation into the Community of certain meat products. |
| --- | --- |

(2)

Commission Decision 97/221/EC of 28 February 1997 laying down the animal health conditions and model veterinary certificates in respect of imports of meat products from third countries and revoking Decision 91/449/EEC (4) lays down animal health conditions and certification rules for the importation into the Community of certain meat products.

| (3) | Commission Decision 97/222/EC of 28 February 1997 laying down the list of third countries from which the Member States authorise the importation of meat products (5) provides for the importation into the Community of certain meat products provided that such products have undergone the appropriate treatment and comply with Community veterinary certification requirements. |
| --- | --- |

(3)

Commission Decision 97/222/EC of 28 February 1997 laying down the list of third countries from which the Member States authorise the importation of meat products (5) provides for the importation into the Community of certain meat products provided that such products have undergone the appropriate treatment and comply with Community veterinary certification requirements.

| (4) | Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (6) lays down animal health requirements for the importation into the Community of certain meat products. Council Directive 2004/68/EC (7) provides for the repeal of Directive 72/462/EEC from 1 January 2006. |
| --- | --- |

(4)

Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (6) lays down animal health requirements for the importation into the Community of certain meat products. Council Directive 2004/68/EC (7) provides for the repeal of Directive 72/462/EEC from 1 January 2006.

| (5) | Directive 2002/99/EC lays down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption. That Directive is to be implemented by the Member States before 1 January 2005. |
| --- | --- |

(5)

Directive 2002/99/EC lays down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption. That Directive is to be implemented by the Member States before 1 January 2005.

| (6) | Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin (8) will be in force till 1 January 2006 when it will be repealed and any definition of meat based products in acts adopted before 1 January 2006 must refer to Directive 77/99/EEC. |
| --- | --- |

(6)

Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin (8) will be in force till 1 January 2006 when it will be repealed and any definition of meat based products in acts adopted before 1 January 2006 must refer to Directive 77/99/EEC.

| (7) | In view of the entry into force of Directive 2002/99/EC, it is necessary to amend and update Community public and animal health conditions and certification requirements for the importation into the Community of meat products derived from domestic bovines, porcines, ovines, caprines, equidae, poultry, farmed game, domestic rabbits and wild game. |
| --- | --- |

(7)

In view of the entry into force of Directive 2002/99/EC, it is necessary to amend and update Community public and animal health conditions and certification requirements for the importation into the Community of meat products derived from domestic bovines, porcines, ovines, caprines, equidae, poultry, farmed game, domestic rabbits and wild game.

| (8) | In addition, in the interests of clarity and consistency of Community legislation, it is appropriate to lay down the public and animal health conditions in a single model health certificate for importation of meat products into the Community. |
| --- | --- |

(8)

In addition, in the interests of clarity and consistency of Community legislation, it is appropriate to lay down the public and animal health conditions in a single model health certificate for importation of meat products into the Community.

| (9) | Due to differences in the animal health situation in third countries, it is appropriate to lay down rules concerning treatments for meat products from third countries or parts of third countries prior to their importation into the Community. |
| --- | --- |

(9)

Due to differences in the animal health situation in third countries, it is appropriate to lay down rules concerning treatments for meat products from third countries or parts of third countries prior to their importation into the Community.

| (10) | In the interests of clarity and consistency of Community legislation, it is appropriate to repeal Decisions 97/41/EC, 97/221/EC and 97/222/EC and replace them by this Decision. Accordingly, this Decision should contain the animal and public health conditions and certification requirements, together with the list of third countries and the treatments required for the importation of various categories of meat products into the Community. |
| --- | --- |

(10)

In the interests of clarity and consistency of Community legislation, it is appropriate to repeal Decisions 97/41/EC, 97/221/EC and 97/222/EC and replace them by this Decision. Accordingly, this Decision should contain the animal and public health conditions and certification requirements, together with the list of third countries and the treatments required for the importation of various categories of meat products into the Community.

| (11) | Health conditions and veterinary certification should apply without prejudice to the requirement of Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Directive 96/23/EC (9). |
| --- | --- |

(11)

Health conditions and veterinary certification should apply without prejudice to the requirement of Commission Decision 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Directive 96/23/EC (9).

| (12) | Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (10) lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements. |
| --- | --- |

(12)

Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (10) lays down rules concerning veterinary checks on animal products introduced into the Community from third countries for the importation and transit of products of animal origin in the Community, including certain certification requirements.

| (13) | In the interests of animal and public health and in order to prevent the spread of animal diseases in the Community, a new specific model public and animal health certificate should be established in this Decision. In addition, it should be provided that transit through the Community of consignments of meat products is only permitted where those products come from third countries or parts of third countries whose products are not prohibited for introduction into the Community. |
| --- | --- |

(13)

In the interests of animal and public health and in order to prevent the spread of animal diseases in the Community, a new specific model public and animal health certificate should be established in this Decision. In addition, it should be provided that transit through the Community of consignments of meat products is only permitted where those products come from third countries or parts of third countries whose products are not prohibited for introduction into the Community.

| (14) | It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year. |
| --- | --- |

(14)

It is necessary to lay down specific conditions for transit via the Community of consignments of meat products to and from Russia due to the geographical situation of Kaliningrad and taking into account climatic problems impeding the use of some ports at certain times of the year.

| (15) | Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (11), specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community |
| --- | --- |

(15)

Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (11), specifies the Border Inspection Posts authorised to control the transit of consignments of meat products to and from Russia via the Community

| (16) | The treatments provided for poultry meat products originating in Bulgaria and Israel and for wild swine meat products originating in Switzerland should be reviewed in order to bring them into line with the current import conditions for fresh meat of the concerned species from those countries. |
| --- | --- |

(16)

The treatments provided for poultry meat products originating in Bulgaria and Israel and for wild swine meat products originating in Switzerland should be reviewed in order to bring them into line with the current import conditions for fresh meat of the concerned species from those countries.

| (17) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(17)

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

Subject matter and scope

1.   This Decision lays down animal and public health rules for the importation into the Community of consignments of certain meat products, including the lists of third countries and parts of third countries from which the importation of such products shall be authorised, the model public and animal health certificates and rules on treatments required for those products.

2.   This Decision shall apply without prejudice to Decision 2004/432/EC.

Article 2

Definition of meat products

For the purposes of this Decision, the definition of meat products as laid down in Article 2(a) of Directive 77/99/EEC shall apply.

Article 3

Conditions concerning species and animals

Member States shall ensure that consignments of meat products imported into the Community are derived from meat or meat products from the following species or animals:

| (a) | domestic poultry of the following species: domestic fowl, turkeys, guinea fowl, geese and ducks; |
| --- | --- |

(a)

domestic poultry of the following species: domestic fowl, turkeys, guinea fowl, geese and ducks;

| (b) | domestic animals of the following species: bovine animals, including Bubalus bubalis, Bison bison, swine, sheep, goats and solipeds; |
| --- | --- |

(b)

domestic animals of the following species: bovine animals, including Bubalus bubalis, Bison bison, swine, sheep, goats and solipeds;

| (c) | farmed game and domestic rabbits as defined in Article 2(3) of Council Directive 91/495/EEC (12); |
| --- | --- |

(c)

farmed game and domestic rabbits as defined in Article 2(3) of Council Directive 91/495/EEC (12);

| (d) | wild game as defined in Article 2(1)(a) of Council Directive 92/45/EEC (13). |
| --- | --- |

(d)

wild game as defined in Article 2(1)(a) of Council Directive 92/45/EEC (13).

Article 4

Animal health conditions concerning the origin and treatment of the meat products

Subject to compliance with the conditions concerning the origin and treatment of the meat products, as set out in Annex I, Member States shall authorise the importation of meat products originating in the following third countries or parts of third countries:

| (a) | the third countries listed in Part 2 of Annex II, or parts of third countries set out in Part 1 of that Annex; |
| --- | --- |

(a)

the third countries listed in Part 2 of Annex II, or parts of third countries set out in Part 1 of that Annex;

| (b) | the third countries listed in Parts 2 and 3 of Annex II or parts of third countries set out in Part 1 of that Annex. |
| --- | --- |

(b)

the third countries listed in Parts 2 and 3 of Annex II or parts of third countries set out in Part 1 of that Annex.

Article 5

Public health conditions concerning the fresh meat used in the production of the meat products to be imported into the Community

Member States shall authorise import of meat products obtained from fresh meat that complies with the Community public health requirements for the importation of such meat into the Community.

Article 6

Animal and public health certificates

Consignments of meat products shall comply with the requirements of the model public and animal health certificate set out in Annex III.

That certificate shall accompany the consignment of meat products and be duly completed and signed by the official veterinarian of the third country of dispatch.

Article 7

Consignments of meat products in transit or storage in the Community

Member States shall ensure that consignments of meat products, introduced into the Community and which are destined for a third country either by transit immediately or after storage in accordance with Article 12(4) or 13 of Directive 97/78/EC, and not intended for importation into the Community, shall comply with the following requirements:

| (a) | they shall come from the territory of a third country or a part thereof listed in Annex II and shall have undergone the minimum treatment for the import of meat products of the species concerned foreseen therein; |
| --- | --- |

(a)

they shall come from the territory of a third country or a part thereof listed in Annex II and shall have undergone the minimum treatment for the import of meat products of the species concerned foreseen therein;

| (b) | they shall meet the specific animal health conditions for the species concerned set out in the model animal and public health certificate drawn up under Annex III; |
| --- | --- |

(b)

they shall meet the specific animal health conditions for the species concerned set out in the model animal and public health certificate drawn up under Annex III;

| (c) | they shall be accompanied by an animal health certificate established in accordance with the model set out in Annex IV, signed by an official veterinarian of the competent veterinary services of the third country concerned; |
| --- | --- |

(c)

they shall be accompanied by an animal health certificate established in accordance with the model set out in Annex IV, signed by an official veterinarian of the competent veterinary services of the third country concerned;

| (d) | they shall be certified as acceptable for transit or storage (as appropriate) on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Community. |
| --- | --- |

(d)

they shall be certified as acceptable for transit or storage (as appropriate) on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Community.

Article 8

Derogation for certain destinations in Russia

1.   By way of derogation from Article 7, Member States shall authorise the transit by road or by rail through the Community, between designated Community border inspection posts listed in Annex to Decision 2001/881/EC, of consignments of meat products coming from and destined to Russia directly or via another third country provided that they comply with the following requirements:

| (a) | the consignment shall be sealed with a serially numbered seal by the official veterinarian of the competent authority at the border inspection post of introduction to the Community; |
| --- | --- |

(a)

the consignment shall be sealed with a serially numbered seal by the official veterinarian of the competent authority at the border inspection post of introduction to the Community;

| (b) | the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped ‘ONLY FOR TRANSIT TO RUSSIA VIA THE EC’ on each page by the official veterinarian of the competent authority of the border inspection post of introduction to the Community; |
| --- | --- |

(b)

the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC shall be stamped ‘ONLY FOR TRANSIT TO RUSSIA VIA THE EC’ on each page by the official veterinarian of the competent authority of the border inspection post of introduction to the Community;

| (c) | the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with; |
| --- | --- |

(c)

the procedural requirements provided for in Article 11 of Directive 97/78/EC shall be complied with;

| (d) | the consignment shall be certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the competent authority of the border inspection post of introduction to the Community. |
| --- | --- |

(d)

the consignment shall be certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the competent authority of the border inspection post of introduction to the Community.

2.   Member States shall not authorise the unloading or storage, as defined in Article 12(4) or Article 13 of Directive 97/78/EC, in the Community of such consignments.

3.   Member States shall ensure that the competent authority makes regular audits to ensure that the number of consignments and the quantities of products leaving the Community matches the number and quantities entering.

Article 9

Transitional provisions

Member States shall authorise the importation into the Community of consignments of meat products certified in accordance with the model veterinary certificates laid down in Decisions 97/41/EEC or 97/221/EEC for a period of six months from 17 June 2005.

Article 10

Repeals

Decisions 97/41/EC, 97/221/EC and 97/222/EC are repealed.

Article 11

Date of application

This Decision shall apply from 17 June 2005.

Article 12

Addresses

This Decision is addressed to the Member States.

Done at Brussels, 3 June 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  OJ L 62, 15.3.1993, p. 49. Directive as last amended by Commission Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004, p. 60).

1

(2)  OJ L 18, 23.1.2003, p. 11.

2

(3)  OJ L 17, 21.1.1997, p. 34.

3

(4)  OJ L 89, 4.4.1997, p. 32. Decision as amended by Decision 2004/427/EC (OJ L 154, 30.4.2004, p. 8).

4

(5)  OJ L 89, 4.4.1997, p. 39. Decision as last amended by Decision 2004/857/EC (OJ L 369, 16.12.2004, p. 65).

5

(6)  OJ L 302, 31.12.1972, p. 28.

6

(7)  OJ L 139, 30.4.2004, p. 320.

7

(8)  OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

8

(9)  OJ L 154, 30.4.2004, p. 43. Decision as last amended by Decision 2005/233/EC (OJ L 72, 18.3.2005, p. 30).

9

(10)  OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation (EC) No 882/2004 of the European Parliament and of the Council (OJ L 165, 30.4.2004, p. 1).

10

(11)  OJ L 326, 11.12.2001, p. 44. Decision as last amended by Decision 2005/102/EC (OJ L 33, 5.2.2005, p. 30).

11

(12)  OJ L 268, 24.9.1991, p. 41.

12

(13)  OJ L 268, 14.9.1992, p. 35.

13

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ANNEX I

| 1. | Meat products originating in the third countries or parts of third countries referred to in Article 4(a) shall contain meat eligible for importation into the Community as fresh meat and/or meat products derived from one or more of the species or animals which have undergone a non-specific treatment as set out in Part 4 of Annex II. |
| --- | --- |

1.

Meat products originating in the third countries or parts of third countries referred to in Article 4(a) shall contain meat eligible for importation into the Community as fresh meat and/or meat products derived from one or more of the species or animals which have undergone a non-specific treatment as set out in Part 4 of Annex II.

| 2. | Meat products originating in third countries or parts of third countries referred to in Article 4(b) shall comply with the following conditions set out in either (a), (b) or (c):






  (a) | the meat products must:






  (i) | contain meat and/or meat products derived from a single species or animal as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and |
| --- | --- | --- | --- |

2.

Meat products originating in third countries or parts of third countries referred to in Article 4(b) shall comply with the following conditions set out in either (a), (b) or (c):

(a)

the meat products must:

(i)

contain meat and/or meat products derived from a single species or animal as set out under the relevant column in Parts 2 and 3 of Annex II indicating the species or animal concerned; and

| (ii) | have been subjected to at least the specific treatment regime required for meat of that species or animal as set out in Part 4 of Annex II; or |
| --- | --- |

(ii)

have been subjected to at least the specific treatment regime required for meat of that species or animal as set out in Part 4 of Annex II; or

| (b) | the meat products must:






  (i) | contain fresh, processed or partly processed meat from more than one species or animal as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment as set out in Part 4 of Annex II; and |
| --- | --- | --- |

(b)

the meat products must:

(i)

contain fresh, processed or partly processed meat from more than one species or animal as set out under the relevant column of Parts 2 and 3 of Annex II which are mixed prior to undergoing their final treatment as set out in Part 4 of Annex II; and

| (ii) | the final treatment referred to in (i) must be at least equal to the most severe treatment as set out in Part 4 of Annex II, for any of the individual meat constituents for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II; or |
| --- | --- |

(ii)

the final treatment referred to in (i) must be at least equal to the most severe treatment as set out in Part 4 of Annex II, for any of the individual meat constituents for the species or animal concerned as set out under the relevant column in Parts 2 and 3 of Annex II; or

| (c) | the final meat products must:






  (i) | be prepared by the mixing of previously treated meat from more than one species or animal; and |
| --- | --- | --- |

(c)

the final meat products must:

(i)

be prepared by the mixing of previously treated meat from more than one species or animal; and

| (ii) | the previous treatment referred to in (i) which each constituent meat underwent must have been at least equal to the relevant treatment as set out in Part 4 of Annex II for the species or animal of the meat concerned as set out under the relevant column. |
| --- | --- |

(ii)

the previous treatment referred to in (i) which each constituent meat underwent must have been at least equal to the relevant treatment as set out in Part 4 of Annex II for the species or animal of the meat concerned as set out under the relevant column.

| 3. | The treatments set out in Part 4 of Annex II shall be the minimum acceptable processing conditions for animal health purposes for meat derived from the species or animal concerned originating in the third countries or parts of third countries listed in Annex II. |
| --- | --- |

3.

The treatments set out in Part 4 of Annex II shall be the minimum acceptable processing conditions for animal health purposes for meat derived from the species or animal concerned originating in the third countries or parts of third countries listed in Annex II.

---

ANNEX II

PART 1

Description of regionalised territories as laid down for the countries listed in parts 2 and 3

| Country | Territory | Description of territory |
| --- | --- | --- |
| Code | Version |
| Argentina | AR | 01/2004 | Whole country |
| AR-1 | 01/2004 | The whole country except the provinces of Chubut, Santa Cruz and Tierra del Fuego |
| AR-2 | 01/2004 | The provinces of Chubut, Santa Cruz and Tierra del Fuego |
| Bulgaria | BG | 01/2004 | Whole country |
| BG-1 | 01/2004 | As described in Annex II Part I to Council Decision 79/542/EEC (1) (as last amended) |
| BG-2 | 01/2004 | As described in Annex II Part I to Decision 79/542/EEC (as last amended) |
| Brazil | BR | 01/2004 | Whole country |
| BR-1 | 01/2004 | As described in Annex I to Commission Decision 94/984/EC (2) (as last amended) |
| Serbia and Montenegro | CS | 01/2004 | Whole country as described in Annex II Part I to Decision 79/542/EEC (as last amended) |
| Malaysia | MY | 01/2004 | Whole country |
| MY-1 | 01/2004 | Peninsular (Western) Malaysia only |

Country

Territory

Description of territory

Code

Version

Argentina

AR

01/2004

Whole country

AR-1

01/2004

The whole country except the provinces of Chubut, Santa Cruz and Tierra del Fuego

AR-2

01/2004

The provinces of Chubut, Santa Cruz and Tierra del Fuego

Bulgaria

BG

01/2004

Whole country

BG-1

01/2004

As described in Annex II Part I to Council Decision 79/542/EEC (1) (as last amended)

BG-2

01/2004

As described in Annex II Part I to Decision 79/542/EEC (as last amended)

Brazil

BR

01/2004

Whole country

BR-1

01/2004

As described in Annex I to Commission Decision 94/984/EC (2) (as last amended)

Serbia and Montenegro

CS

01/2004

Whole country as described in Annex II Part I to Decision 79/542/EEC (as last amended)

Malaysia

MY

01/2004

Whole country

MY-1

01/2004

Peninsular (Western) Malaysia only

PART 2

Third countries or parts thereof from which meat products are authorised for importation into the Community

| Code ISO | Country of origin or part thereof | 1. | Domestic bovine |
| --- | --- | --- | --- |

Code ISO

Country of origin or part thereof

1.

Domestic bovine

| 2. | Farmed cloven-hoofed game-(excluding swine) |
| --- | --- |

2.

Farmed cloven-hoofed game-(excluding swine)

Domestic ovine/ caprine

| 1. | Domestic porcine |
| --- | --- |

1.

Domestic porcine

| 2. | Farmed cloven-hoofed game (swine) |
| --- | --- |

2.

Farmed cloven-hoofed game (swine)

Domestic soliped

| 1. | Domestic poultry |
| --- | --- |

1.

Domestic poultry

| 2. | Farmed feathered game |
| --- | --- |

2.

Farmed feathered game

Domestic rabbit and farmed leporidae

Wild cloven hoofed game (excluding swine)

Wild swine

Wild soliped

Wild leporidae (rabbits and hares)

Wild game birds

Wild land mammalian game (excluding ungulates, solipeds and leporidae)

AR

Argentina AR

C

C

C

A

A

A

C

C

XXX

A

D

XXX

Argentina AR-1 (3)

C

C

C

A

A

A

C

C

XXX

A

D

XXX

Argentina AR-2 (3)

A (4)

A (4)

C

A

A

A

C

C

XXX

A

D

XXX

AU

Australia

A

A

A

A

D

A

A

A

XXX

A

D

A

BG

Bulgaria BG

D

D

D

A

A

A

D

D

XXX

A

A

XXX

Bulgaria BG-1

A

A

D

A

A

A

A

D

XXX

A

A

XXX

Bulgaria BG-2

D

D

D

A

A

A

D

D

XXX

A

A

XXX

BH

Bahrain

B

B

B

B

XXX

A

C

C

XXX

A

XXX

XXX

BR

Brazil

C

C

C

A

D

A

C

C

XXX

A

D

XXX

Brazil BR-1

C

C

C

A

A

A

C

C

XXX

A

A

XXX

BW

Botswana

B

B

B

B

XXX

A

B

B

A

A

XXX

XXX

BY

Belarus

C

C

C

B

XXX

A

C

C

XXX

A

XXX

XXX

CA

Canada

A

A

A

A

A

A

A

A

XXX

A

A

A

CH

Switzerland

A

A

A

A

A

A

A

A

XXX

A

A

XXX

CL

Chile

A

A

A

A

A

A

B

B

XXX

A

A

XXX

CN

People’s Republic of China

B

B

B

B

B

A

B

B

XXX

A

B

XXX

CO

Colombia

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

CS

Serbia and Montenegro

A

A

D

A

D

A

D

D

XXX

A

XXX

XXX

ET

Ethiopia

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

GL

Greenland

XXX

XXX

XXX

XXX

XXX

A

XXX

XXX

XXX

A

A

A

HK

Hong Kong

B

B

B

B

D

A

B

B

XXX

A

XXX

XXX

HR

Croatia

A

A

D

A

A

A

A

D

XXX

A

A

XXX

IL

Israel

B

B

B

B

A

A

B

B

XXX

A

A

XXX

IN

India

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

IS

Iceland

B

B

B

A

A

A

B

B

XXX

A

A

XXX

KE

Kenya

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

KR

Korea (Republic)

XXX

XXX

XXX

XXX

D

A

XXX

XXX

XXX

A

D

XXX

MA

Morocco

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

MG

Madagascar

B

B

B

B

D

A

B

B

XXX

A

D

XXX

MK

Former Yugoslav Republic of Macedonia (Δ)

A

A

B

A

XXX

A

B

B

XXX

A

XXX

XXX

MU

Mauritius

B

B

B

B

XXX

A

B

B

XXX

A

XXX

XXX

MX

Mexico

A

D

D

A

D

A

D

D

XXX

A

D

XXX

MY

Malaysia MY

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

XXX

Malaysia MY-1

XXX

XXX

XXX

XXX

D

A

XXX

XXX

XXX

A

D

XXX

NA

Namibia (3)

B

B

B

B

D

A

B

B

A

A

D

XXX

NZ

New Zealand

A

A

A

A

A

A

A

A

XXX

A

A

A

PY

Paraguay

C

C

C

B

XXX

A

C

C

XXX

A

XXX

XXX

RO

Romania

A

A

D

A

A

A

A

D

XXX

A

A

A

RU

Russia

C

C

C

B

XXX

A

C

C

XXX

A

XXX

A

SG

Singapore

B

B

B

B

D

A

B

B

XXX

A

XXX

XXX

SZ

Swaziland

B

B

B

B

XXX

A

B

B

A

A

XXX

XXX

TH

Thailand

B

B

B

B

A

A

B

B

XXX

A

D

XXX

TN

Tunisia

C

C

B

B

A

A

B

B

XXX

A

D

XXX

TR

Turkey

XXX

XXX

XXX

XXX

D

A

XXX

XXX

XXX

A

D

XXX

UA

Ukraine

XXX

XXX

XXX

XXX

XXX

A

XXX

XXX

XXX

A

XXX

XXX

US

United States of America

A

A

A

A

A

A

A

A

XXX

A

A

XXX

UY

Uruguay

C

C

B

A

D

A

XXX

XXX

XXX

A

D

XXX

ZA

South Africa (3)

C

C

C

A

D

A

C

C

A

A

D

XXX

ZW

Zimbabwe (3)

C

C

B

A

D

A

B

B

XXX

A

D

XXX

| (Δ) | Former Yugoslav Republic of Macedonia: provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations. |
| --- | --- |
| XXX | No certificate laid down and meat products containing meat of this species are not authorised. |

(Δ)

Former Yugoslav Republic of Macedonia: provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.

XXX

No certificate laid down and meat products containing meat of this species are not authorised.

PART 3

Third countries or parts thereof not authorised under the non specific treatment regime (A) but from where biltong/jerky or pasteurised meat products are authorised for importation into the Community

| ISO Code | Country of origin or part thereof | 1. | Domestic bovine |
| --- | --- | --- | --- |

ISO Code

Country of origin or part thereof

1.

Domestic bovine

| 2. | Farmed cloven hoofed game excluding swine |
| --- | --- |

2.

Farmed cloven hoofed game excluding swine

Domestic ovine/caprine

| 1. | Domestic porcine |
| --- | --- |

1.

Domestic porcine

| 2. | Farmed cloven-hoofed game (swine) |
| --- | --- |

2.

Farmed cloven-hoofed game (swine)

Domestic soliped

| 1. | Domestic poultry |
| --- | --- |

1.

Domestic poultry

| 2. | Farmed feathered game |
| --- | --- |

2.

Farmed feathered game

Domestic rabbit and farmed leporidae

Wild cloven hoofed game (excluding swine)

Wild swine

Wild soliped

Wild leporidae (rabbits and hares)

Wild game birds

Wild land mammalian game (excluding ungulates, solipeds and leporidae)

AR

Argentina

F

F

XXX

XXX

XXX

A

XXX

XXX

XXX

A

XXX

XXX

NA

Namibia

E

E

XXX

XXX

E

A

XXX

XXX

A

A

E

XXX

ZA

South Africa

E

E

XXX

XXX

E

A

XXX

XXX

A

A

E

XXX

ZW

Zimbabwe

E

E

XXX

XXX

E

A

XXX

XXX

E

A

E

XXX

PART 4

Interpretation of codes used in tables in parts 2 and 3

TREATMENTS REFERRED TO IN ANNEX I

Non-specific treatment regime:

| A | = | No minimum specified temperature or other treatment is established for animal health purposes for the meat product. However, the meat must have undergone a treatment such that its cut surface shows that it no longer has the characteristics of fresh meat and the fresh meat used must also satisfy the animal health rules applicable to the export of fresh meat to the Community. |
| --- | --- | --- |

A

=

No minimum specified temperature or other treatment is established for animal health purposes for the meat product. However, the meat must have undergone a treatment such that its cut surface shows that it no longer has the characteristics of fresh meat and the fresh meat used must also satisfy the animal health rules applicable to the export of fresh meat to the Community.

Specific treatment regimes — listed in descending order of severity:

| B | = | Treatment in a hermetically sealed container to an Fo value of three or more. |
| --- | --- | --- |
| C | = | A minimum temperature of 80 °C which must be reached throughout the meat during the processing of the meat product. |
| D | = | A minimum temperature of 70 °C which must be reached throughout the meat during the processing of meat products, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:






  — | Aw value of not more than 0,93, |

B

=

Treatment in a hermetically sealed container to an Fo value of three or more.

C

=

A minimum temperature of 80 °C which must be reached throughout the meat during the processing of the meat product.

D

=

A minimum temperature of 70 °C which must be reached throughout the meat during the processing of meat products, or for raw ham, a treatment consisting of natural fermentation and maturation of not less than nine months and resulting in the following characteristics:

—

Aw value of not more than 0,93,

| — | pH value of not more than 6,0. |
| --- | --- |

—

pH value of not more than 6,0.

E

=

In the case of ‘biltong’ type products, a treatment to achieve:

| — | Aw value of not more than 0,93, |
| --- | --- |

—

Aw value of not more than 0,93,

| — | pH value of not more than 6,0. |
| --- | --- |

—

pH value of not more than 6,0.

F

=

A heat treatment ensuring that a centre temperature of at least 65 °C is reached for a period of time as necessary to achieve a pasteurisation value (pv) equal to or above 40.

---

(1)  OJ L 146, 14.6.1979, p. 15.

(2)  OJ L 378, 31.12.1994, p. 11.

(3)  See Part 3 of this Annex for the minimum treatment requirements applicable to pasteurised meat products and biltong.

(4)  For meat products prepared from fresh meat obtained from animals slaughtered after 1 March 2002.

| (Δ) | Former Yugoslav Republic of Macedonia: provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations. |
| --- | --- |
| XXX | No certificate laid down and meat products containing meat of this species are not authorised. |

(Δ)

Former Yugoslav Republic of Macedonia: provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.

XXX

No certificate laid down and meat products containing meat of this species are not authorised.

---

ANNEX III

(Model animal and public health certificate for meat products intended for consignment to the European Community from third countries) (1)

Image

Image

Image

---

(1)  Without prejudice to specific certification requirements provided for by Community agreements with third countries.

---

ANNEX IV

Transit and/or storage

Image

Image

---

| 14.6.2005 | EN | Official Journal of the European Union | L 151/19 |
| --- | --- | --- | --- |

14.6.2005

EN

Official Journal of the European Union

L 151/19

---

COMMISSION DECISION

of 9 June 2005

amending Decision 92/452/EEC as regards embryo collection teams in the United States of America

(notified under document number C(2005) 1687)

(Text with EEA relevance)

(2005/433/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (1), and in particular Article 8 thereof,

Whereas:

| (1) | Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision. |
| --- | --- |

(1)

Commission Decision 92/452/EEC of 30 July 1992 establishing lists of embryo collection teams and embryo production teams approved in third countries for export of bovine embryos to the Community (2) provides that Member States are only to import embryos from third countries where they have been collected, processed and stored by embryo collection teams listed in that Decision.

| (2) | The United States of America (USA) has requested that amendments be made to the list as regards entries for that country. |
| --- | --- |

(2)

The United States of America (USA) has requested that amendments be made to the list as regards entries for that country.

| (3) | The USA has provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection team concerned has been officially approved for exports to the Community by the veterinary services of that country. |
| --- | --- |

(3)

The USA has provided guarantees regarding compliance with the appropriate rules set out in Directive 89/556/EEC and the embryo collection team concerned has been officially approved for exports to the Community by the veterinary services of that country.

| (4) | Decision 92/452/EEC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 92/452/EEC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(5)

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

The Annex to Decision 92/452/EEC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 17 June 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 June 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 302, 19.10.1989, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

1

(2)  OJ L 250, 29.8.1992, p. 40. Decision as last amended by Decision 2005/29/EC (OJ L 15, 19.1.2005, p. 34).

2

---

ANNEX

In the Annex to Decision 92/452/EEC the list for the United States of America is amended as follows:

| (a) | The row for embryo collection team No 96TX088-E928 is replaced by the following:










  ‘US | | 96TX088 E928 | | Advanced Genetic Services, Normangee 4140 OSR, Normangee, TX 77871 | Dr Joe Oden’ |
| --- | --- | --- | --- | --- | --- | --- |

(a)

The row for embryo collection team No 96TX088-E928 is replaced by the following:

‘US

96TX088 E928

Advanced Genetic Services, Normangee 4140 OSR, Normangee, TX 77871

Dr Joe Oden’

| (b) | The row for embryo collection team No 91TX050-E548 is replaced by the following:










  ‘US | | 91TX050 E548 | | Buzzard Hollow Ranch, 500 Coates Road, Granbury, TX 67048 | Dr Mark Steele’ |
| --- | --- | --- | --- | --- | --- | --- |

(b)

The row for embryo collection team No 91TX050-E548 is replaced by the following:

‘US

91TX050 E548

Buzzard Hollow Ranch, 500 Coates Road, Granbury, TX 67048

Dr Mark Steele’

| (c) | The row for embryo collection team No 02TX107-E1482 is replaced by the following:










  ‘US | | 02TX107 E1482 | | Ovagenix, 9605 Dream Ranch Road, Navasota, TX 77876 | Dr Gary Moore’ |
| --- | --- | --- | --- | --- | --- | --- |

(c)

The row for embryo collection team No 02TX107-E1482 is replaced by the following:

‘US

02TX107 E1482

Ovagenix, 9605 Dream Ranch Road, Navasota, TX 77876

Dr Gary Moore’

| (d) | The row for embryo collection team No 99TX104-E874 is replaced by the following:










  ‘US | | 99TX104 E874 | | Ultimate Genetics/Camp Cooley, Rt.3, Box 733, Franklin, TX 77856 | Dr Joe Oden’ |
| --- | --- | --- | --- | --- | --- | --- |

(d)

The row for embryo collection team No 99TX104-E874 is replaced by the following:

‘US

99TX104 E874

Ultimate Genetics/Camp Cooley, Rt.3, Box 733, Franklin, TX 77856

Dr Joe Oden’

| (e) | The following rows are added:










  ‘US | | 03TX112 | | Diamond A Ranch, RT.1, Box 35C, Dime Box, TX 77853 | Dr John Schull |
| --- | --- | --- | --- | --- | --- | --- |
| US | | 94MI074 | | GGS Genetics, 1200 Stillman Road Mason, MI 48854 | Dr John D. Gunther’ |

(e)

The following rows are added:

‘US

03TX112

Diamond A Ranch, RT.1, Box 35C, Dime Box, TX 77853

Dr John Schull

US

94MI074

GGS Genetics, 1200 Stillman Road Mason, MI 48854

Dr John D. Gunther’

---

| 14.6.2005 | EN | Official Journal of the European Union | L 151/21 |
| --- | --- | --- | --- |

14.6.2005

EN

Official Journal of the European Union

L 151/21

---

COMMISSION DECISION

of 9 June 2005

amending Decision 2005/393/EC as regards exemptions from the exit ban for domestic movements of animals from the restricted zones

(notified under document number C(2005) 1689)

(Text with EEA relevance)

(2005/434/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular point (c) of Article 9(1), and the third paragraph of Article 19 thereof,

Whereas:

| (1) | Council Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones. |
| --- | --- |

(1)

Council Directive 2000/75/EC lays down control rules and measures to combat bluetongue in the Community, including the establishment of protection and surveillance zones and a ban on animals leaving those zones.

| (2) | Commission Decision 2005/393/EC (2) provides for the demarcation of the global geographical areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue. It also sets out the conditions for exempting certain movements of animals, their sperm, ova and embryos from the exit ban provided for in Directive 2000/75/EC (the exit ban). |
| --- | --- |

(2)

Commission Decision 2005/393/EC (2) provides for the demarcation of the global geographical areas where protection and surveillance zones (the restricted zones) are to be established by the Member States in relation to bluetongue. It also sets out the conditions for exempting certain movements of animals, their sperm, ova and embryos from the exit ban provided for in Directive 2000/75/EC (the exit ban).

| (3) | When a vaccination programme has been conducted in a herd, the virus circulation has been reduced to such a level that movements of young animals from the restricted zone to holdings outside the zone where vectors are under control should be considered as representing an acceptable risk. |
| --- | --- |

(3)

When a vaccination programme has been conducted in a herd, the virus circulation has been reduced to such a level that movements of young animals from the restricted zone to holdings outside the zone where vectors are under control should be considered as representing an acceptable risk.

| (4) | On 14 March 2005, a Commission working group on the Terrestrial Animal Health Code of the Office international des épizooties (OIE) issued a report on different aspects of the rules which should apply to movements of animals as regard bluetongue. |
| --- | --- |

(4)

On 14 March 2005, a Commission working group on the Terrestrial Animal Health Code of the Office international des épizooties (OIE) issued a report on different aspects of the rules which should apply to movements of animals as regard bluetongue.

| (5) | That working group concluded that viremia exceeding 60 days should not be considered as representing a significant risk for movements of live animals and as a consequence animals protected from vectors attack for more than 60 days should be considered as safe. |
| --- | --- |

(5)

That working group concluded that viremia exceeding 60 days should not be considered as representing a significant risk for movements of live animals and as a consequence animals protected from vectors attack for more than 60 days should be considered as safe.

| (6) | In addition, the working group concluded that as 28 days is the maximum period for a seroconversion after infection, an animal is safe when it has been protected from vectors attack for a period exceeding 28 days and it has tested negatively serologicaly on one occasion only after that period of 28 days. |
| --- | --- |

(6)

In addition, the working group concluded that as 28 days is the maximum period for a seroconversion after infection, an animal is safe when it has been protected from vectors attack for a period exceeding 28 days and it has tested negatively serologicaly on one occasion only after that period of 28 days.

| (7) | The working group also concluded that as a virological test is always positive seven days after the infection, an animal is safe when it has been protected from vectors attack for more than seven days and it has tested negatively virologicaly on one occasion after that period of seven days. |
| --- | --- |

(7)

The working group also concluded that as a virological test is always positive seven days after the infection, an animal is safe when it has been protected from vectors attack for more than seven days and it has tested negatively virologicaly on one occasion after that period of seven days.

| (8) | Decision 2005/393/EC should therefore be amended accordingly. |
| --- | --- |

(8)

Decision 2005/393/EC should therefore be amended accordingly.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Amendments to Decision 2005/393/EC

Decision 2005/393/EC is amended as follows:

| 1. | in Article 3, paragraph 2 is replaced by the following:
  ‘2.   Domestic movements as referred to in paragraph 1 shall be exempted from the exit ban by the competent authority if:






  (a) | the animals originate from a herd vaccinated according to a vaccination programme adopted by the competent authority; and |
| --- | --- | --- |

1.

in Article 3, paragraph 2 is replaced by the following:

‘2.   Domestic movements as referred to in paragraph 1 shall be exempted from the exit ban by the competent authority if:

(a)

the animals originate from a herd vaccinated according to a vaccination programme adopted by the competent authority; and

| (b) | the animals:






  (i) | have been vaccinated more than 30 days but less than twelve months before the date of movement against the serotype(s) present or possibly present in an epidemiologically relevant area of origin; or |
| --- | --- | --- |

(b)

the animals:

(i)

have been vaccinated more than 30 days but less than twelve months before the date of movement against the serotype(s) present or possibly present in an epidemiologically relevant area of origin; or

| (ii) | are less than two months old at the date of movement and are destined for a holding for fattening, such holding must be protected against vector attacks and registered by the competent authority for the purpose of fattening.’ |
| --- | --- |

(ii)

are less than two months old at the date of movement and are destined for a holding for fattening, such holding must be protected against vector attacks and registered by the competent authority for the purpose of fattening.’

| 2. | In Annex II, Part A is replaced by the following:






  ‘A. | Live animals must have been protected from attack from Culicids:






  1. | for at least 60 days prior to the date of movement; or |
| --- | --- | --- | --- |

2.

In Annex II, Part A is replaced by the following:

‘A.

Live animals must have been protected from attack from Culicids:

1.

for at least 60 days prior to the date of movement; or

| 2. | for at least 28 days prior to the date of movement, and were subjected during that period to a serological test to detect antibody to the BTV group, such as the BT competition ELISA or the BT AGID test, with negative results and that test was carried out on samples taken at least 28 days after the date of the start of the period of protection from vectors attack; or |
| --- | --- |

2.

for at least 28 days prior to the date of movement, and were subjected during that period to a serological test to detect antibody to the BTV group, such as the BT competition ELISA or the BT AGID test, with negative results and that test was carried out on samples taken at least 28 days after the date of the start of the period of protection from vectors attack; or

| 3. | for at least seven days prior to the date of movement, and subjected during that period to a BTV isolation test or polymerase chain reaction test, with negative results and that test was carried out on blood samples taken at least seven days after the date of the start of the period of protection from vector attack; and |
| --- | --- |

3.

for at least seven days prior to the date of movement, and subjected during that period to a BTV isolation test or polymerase chain reaction test, with negative results and that test was carried out on blood samples taken at least seven days after the date of the start of the period of protection from vector attack; and

| 4. | during transportation to the place of shipment.’ |
| --- | --- |

4.

during transportation to the place of shipment.’

Article 2

Applicability

This Decision shall apply from 4 July 2005.

Article 3

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 9 June 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 327, 22.12.2000, p. 74.

1

(2)  OJ L 130, 24.5.2005, p. 22.

2

---

| 14.6.2005 | EN | Official Journal of the European Union | L 151/23 |
| --- | --- | --- | --- |

14.6.2005

EN

Official Journal of the European Union

L 151/23

---

COMMISSION DECISION

of 9 June 2005

providing for the temporary marketing of certain seed of the species Pisum sativum, Vicia faba and Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively

(notified under document number C(2005) 1692)

(Text with EEA relevance)

(2005/435/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 17(1) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (2), and in particular Article 21(1) thereof,

Whereas:

| (1) | In Finland the quantity of available seed of field pea (Pisum sativa), of field bean (Vicia faba) and of linseed (Linum usitatissimum) suitable to the national climatic conditions and which satisfies the germination capacity requirements of Directives 66/401/EEC or 2002/57/EC respectively is insufficient and is therefore not adequate to meet the needs of that Member State. |
| --- | --- |

(1)

In Finland the quantity of available seed of field pea (Pisum sativa), of field bean (Vicia faba) and of linseed (Linum usitatissimum) suitable to the national climatic conditions and which satisfies the germination capacity requirements of Directives 66/401/EEC or 2002/57/EC respectively is insufficient and is therefore not adequate to meet the needs of that Member State.

| (2) | It is not possible to meet the demand for seed of these species satisfactorily with seed from other Member States or from third countries which satisfies all the requirements laid down in Directives 66/401/EEC or 2002/57/EC respectively. |
| --- | --- |

(2)

It is not possible to meet the demand for seed of these species satisfactorily with seed from other Member States or from third countries which satisfies all the requirements laid down in Directives 66/401/EEC or 2002/57/EC respectively.

| (3) | Accordingly, Finland should be authorised to permit the marketing of seed of these species subject to less stringent requirements for a period expiring on 31 May 2005. |
| --- | --- |

(3)

Accordingly, Finland should be authorised to permit the marketing of seed of these species subject to less stringent requirements for a period expiring on 31 May 2005.

| (4) | In addition, other Member States irrespective of whether the seed was harvested in a Member State or in a third country covered by Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and the equivalence of seed produced in third countries (3) which are in a position to supply Finland with seed of that species, should be authorised to permit the marketing of such seed. |
| --- | --- |

(4)

In addition, other Member States irrespective of whether the seed was harvested in a Member State or in a third country covered by Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and the equivalence of seed produced in third countries (3) which are in a position to supply Finland with seed of that species, should be authorised to permit the marketing of such seed.

| (5) | It is appropriate that Finland act as coordinator in order to ensure that the total amount of seed authorised pursuant to this Decision does not exceed the maximum quantity covered by this Decision. |
| --- | --- |

(5)

It is appropriate that Finland act as coordinator in order to ensure that the total amount of seed authorised pursuant to this Decision does not exceed the maximum quantity covered by this Decision.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION

Article 1

The marketing in the Community of seed of field pea (Pisum sativa) and of field bean (Vicia faba), which does not satisfy the minimum germination capacity requirements laid down in Directive 66/401/EEC shall be permitted, for a period expiring on 31 May 2005, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:

| (a) | the germination capacity must be at least that set out in the Annex to this Decision; |
| --- | --- |

(a)

the germination capacity must be at least that set out in the Annex to this Decision;

| (b) | the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(Ca)(d) and 2(1)(Cb)(d) of Directive 66/401/EEC; |
| --- | --- |

(b)

the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(Ca)(d) and 2(1)(Cb)(d) of Directive 66/401/EEC;

| (c) | the seed must have been first placed on the market in accordance with Article 3 of this Decision. |
| --- | --- |

(c)

the seed must have been first placed on the market in accordance with Article 3 of this Decision.

Article 2

The marketing in the Community of seed of linseed (Linum usitatissimum) which does not satisfy the minimum germination capacity requirements laid down in Directive 2002/57/EC shall be permitted, for a period expiring on 31 May 2005, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:

| (a) | the germination capacity must be at least that set out in the Annex to this Decision; |
| --- | --- |

(a)

the germination capacity must be at least that set out in the Annex to this Decision;

| (b) | the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(f)(iv) and 2(1)(g)(iv) of Directive 2002/57/EC; |
| --- | --- |

(b)

the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(f)(iv) and 2(1)(g)(iv) of Directive 2002/57/EC;

| (c) | the seed must have been first placed on the market in accordance with Article 3 of this Decision. |
| --- | --- |

(c)

the seed must have been first placed on the market in accordance with Article 3 of this Decision.

Article 3

Any seed supplier wishing to place on the market the seeds referred to in Articles 1 and 2 shall apply for authorisation to the Member State in which he is established or importing.

The Member State concerned shall authorise the supplier to place that seed on the market, unless:

| (a) | there is sufficient evidence to doubt as to whether the supplier is able to place on the market the amount of seed for which he has applied for authorisation; or |
| --- | --- |

(a)

there is sufficient evidence to doubt as to whether the supplier is able to place on the market the amount of seed for which he has applied for authorisation; or

| (b) | the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex. |
| --- | --- |

(b)

the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex.

Article 4

The Member States shall assist each other administratively in the application of this Decision.

Finland shall act as coordinating Member State in respect of Articles 1 and 2 in order to ensure that the total amount authorised does not exceed the maximum quantity specified in the Annex.

Any Member State receiving an application under Article 3 shall immediately notify the coordinating Member State of the amount covered by the application. The coordinating Member State shall immediately inform the notifying Member State as to whether authorisation would result in the maximum quantity being exceeded.

Article 5

Member States shall immediately notify the Commission and the other Member States of the quantities in respect of which they have granted marketing authorisation pursuant to this Decision.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 9 June 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

1

(2)  OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2004/117/EC.

2

(3)  OJ L 8, 14.1.2003, p. 10. Decision as amended by Decision 2003/403/EC (OJ L 141 7.6.2003, p. 23).

3

---

ANNEX

| Species | Type of variety | Maximum quantity
  (tonnes) | Minimum germination
  (% of pure seed) |
| --- | --- | --- | --- |
| Pisum sativum | Karita, Sunna, Perttu, Julia, Stok | 30 | 70 |
| Vicia faba | Kontu | 10 | 70 |
| Linun usitatissimum | Helmi | 20 | 65 |

Species

Type of variety

Maximum quantity

(tonnes)

Minimum germination

(% of pure seed)

Pisum sativum

Karita, Sunna, Perttu, Julia, Stok

30

70

Vicia faba

Kontu

10

70

Linun usitatissimum

Helmi

20

65

---

| 14.6.2005 | EN | Official Journal of the European Union | L 151/26 |
| --- | --- | --- | --- |

14.6.2005

EN

Official Journal of the European Union

L 151/26

---

COMMISSION DECISION

of 13 June 2005

on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease

(2005/436/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 12 and 13 thereof,

Whereas:

| (1) | In the context of major epidemics of foot-and-mouth disease (FMD) in the late 1950s both within the Community and in neighbouring countries, the European Commission for the Control of Foot-and-Mouth Disease (EUFMD) was founded within the framework of the Food and Agriculture Organisation (FAO) of the United Nations Organisation. |
| --- | --- |

(1)

In the context of major epidemics of foot-and-mouth disease (FMD) in the late 1950s both within the Community and in neighbouring countries, the European Commission for the Control of Foot-and-Mouth Disease (EUFMD) was founded within the framework of the Food and Agriculture Organisation (FAO) of the United Nations Organisation.

| (2) | In the 1960s, due to increased threats from introduction of exotic strains of FMD into Europe, the member countries of the EUFMD were called to establish a Trust Fund aimed at emergency measures to be carried out in the Balkans, the main entrance route of the disease. Later that fund was divided into Trust Fund 911100MTF/003/EEC supported by those member countries that were at the same time Member States of the Community and Trust Fund 909700MTF/004/MUL supported by member countries of EUFMD which at that time were not or are not Member States of the Community. |
| --- | --- |

(2)

In the 1960s, due to increased threats from introduction of exotic strains of FMD into Europe, the member countries of the EUFMD were called to establish a Trust Fund aimed at emergency measures to be carried out in the Balkans, the main entrance route of the disease. Later that fund was divided into Trust Fund 911100MTF/003/EEC supported by those member countries that were at the same time Member States of the Community and Trust Fund 909700MTF/004/MUL supported by member countries of EUFMD which at that time were not or are not Member States of the Community.

| (3) | In accordance with Article 4 of Council Directive 90/423/EEC of 26 June 1990 amending Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease, Directive 64/432/EEC on animal health problems affecting intra- Community trade in bovine animals and swine and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (2), prophylactic vaccination against FMD ceased throughout the Community in 1991. |
| --- | --- |

(3)

In accordance with Article 4 of Council Directive 90/423/EEC of 26 June 1990 amending Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease, Directive 64/432/EEC on animal health problems affecting intra- Community trade in bovine animals and swine and Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat or meat products from third countries (2), prophylactic vaccination against FMD ceased throughout the Community in 1991.

| (4) | At the same time Decision 90/424/EEC specifically provided for the possibility to support measures for the control of foot-and-mouth disease in third countries, in particular with the view to protect areas at risk within the Community. |
| --- | --- |

(4)

At the same time Decision 90/424/EEC specifically provided for the possibility to support measures for the control of foot-and-mouth disease in third countries, in particular with the view to protect areas at risk within the Community.

| (5) | By adopting Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (3) the Member States reconfirmed the prohibition of prophylactic vaccination while extending the possibility for the use of emergency vaccination against FMD. |
| --- | --- |

(5)

By adopting Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (3) the Member States reconfirmed the prohibition of prophylactic vaccination while extending the possibility for the use of emergency vaccination against FMD.

| (6) | A number of outbreaks of FMD reported since 1992 in particular in parts of the Community adjacent to endemically infected countries and a major epidemic in certain Member States in 2001 are calling for a high level of disease awareness and preparedness, including international cooperation. |
| --- | --- |

(6)

A number of outbreaks of FMD reported since 1992 in particular in parts of the Community adjacent to endemically infected countries and a major epidemic in certain Member States in 2001 are calling for a high level of disease awareness and preparedness, including international cooperation.

| (7) | Moreover, in countries neighbouring the Member States outbreaks and in some cases severe epidemics have been recorded during the last years which are liable to threaten the health status of Community susceptible livestock. |
| --- | --- |

(7)

Moreover, in countries neighbouring the Member States outbreaks and in some cases severe epidemics have been recorded during the last years which are liable to threaten the health status of Community susceptible livestock.

| (8) | In the light of the emergence of new virus topotypes and regional deterioration of control measures, the Community, in close cooperation with the EUFMD and by using the Trust Fund 911100MTF/003/EEC, supported emergency vaccination campaigns in Turkey and in Transcaucasia. |
| --- | --- |

(8)

In the light of the emergence of new virus topotypes and regional deterioration of control measures, the Community, in close cooperation with the EUFMD and by using the Trust Fund 911100MTF/003/EEC, supported emergency vaccination campaigns in Turkey and in Transcaucasia.

| (9) | In accordance with Commission Decision 2001/300/EC of 30 March 2001 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease (4) the Commission concluded the ‘Implementing Agreement MTF/INT/003/EEC911100 (TFEU970089129) on EC Funded Permanent Activities carried out by the FAO European Commission for the Control of Foot-and-mouth Disease’ which was successfully operated until 31 December 2004. |
| --- | --- |

(9)

In accordance with Commission Decision 2001/300/EC of 30 March 2001 on Community cooperation with the Food and Agriculture Organisation with particular regard to activities carried out by the European Commission for the Control of Foot-and-Mouth Disease (4) the Commission concluded the ‘Implementing Agreement MTF/INT/003/EEC911100 (TFEU970089129) on EC Funded Permanent Activities carried out by the FAO European Commission for the Control of Foot-and-mouth Disease’ which was successfully operated until 31 December 2004.

| (10) | The European Community and the United Nations signed on 29 November 2003 a new Financial and Administrative Framework Agreement, which provided the enabling environment for the Agreement between the Commission of the European Communities and the Food and Agriculture Organisation of the United Nations, signed on 17 July 2003. |
| --- | --- |

(10)

The European Community and the United Nations signed on 29 November 2003 a new Financial and Administrative Framework Agreement, which provided the enabling environment for the Agreement between the Commission of the European Communities and the Food and Agriculture Organisation of the United Nations, signed on 17 July 2003.

| (11) | It appears appropriate to renew the Implementing Agreement between the two international organisations and, taking into account the enlarged Community, fix the Community contribution to the Trust Fund 911100MTF/INT/003/EEC at a maximum level of EUR 4.5 million for a period of four years. The budget of the Trust Fund for 2005 should be made up of the final balance of its funds on 25 January 2005 and a Community contribution to bring the amount to an equivalent in USD of EUR 2 million. Subsequently expenditure should be replenished by annual transfers. |
| --- | --- |

(11)

It appears appropriate to renew the Implementing Agreement between the two international organisations and, taking into account the enlarged Community, fix the Community contribution to the Trust Fund 911100MTF/INT/003/EEC at a maximum level of EUR 4.5 million for a period of four years. The budget of the Trust Fund for 2005 should be made up of the final balance of its funds on 25 January 2005 and a Community contribution to bring the amount to an equivalent in USD of EUR 2 million. Subsequently expenditure should be replenished by annual transfers.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(12)

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 DECIDED AS FOLLOWS:

Article 1

1.   The balance of Trust Fund 911100MTF/INT/003/EEC (TFEU 970089129) shall be struck at USD 55 284 as laid down in the final report adopted by the 71st Session of the Executive Committee of the European Commission for the Control of Foot-and-mouth Disease (EUFMD) on 25 January 2005 in Rome.

2.   As from 1 January 2005 the financial obligation of the Community to the Fund referred to in paragraph 1 shall be set at a maximum of EUR 4 500 000 for a period of four years.

3.   The first instalment of the amount referred to in paragraph 2 for the year 2005 shall be made up of:

| (a) | the balance referred to in paragraph 1, and |
| --- | --- |

(a)

the balance referred to in paragraph 1, and

| (b) | a Community contribution of the amount necessary to bring the total to an equivalent in USD of EUR 2 000 000. |
| --- | --- |

(b)

a Community contribution of the amount necessary to bring the total to an equivalent in USD of EUR 2 000 000.

4.   Expenditure incurred by the Trust Fund during the years 2005, 2006, 2007 and 2008 shall be replenished by annual Community contributions payable in 2006, 2007, 2008 and 2009 respectively. However, these transfers shall be subject to the existence of available funds in the Budget of the Commission.

5.   The annual Community contributions referred to in paragraph 4 shall be based on the financial report produced by the EUFMD to either the annual Session of the Executive Committee or the biannual General Session of EUFMD, supported by detailed documentation in accordance with the rules of the Food and Agriculture Organisation.

Article 2

1.   An Implementing Agreement on the use and operation of the Trust Fund 911100MTF/INT/003/EEC (TFEU 970089129) shall be concluded between the Commission of the European Communities and the Food and Agriculture Organisation of the United Nations Organisation for the period of four years, starting on 1 January 2005.

2.   The Trust Fund referred to in Article 1 shall be operated in agreement between the Commission and the EUFMD in accordance with the Implementing Agreement referred to in paragraph 1 of this Article.

Done at Brussels, 13 June 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

1

(2)  OJ L 224, 18.8.1990, p. 13.

2

(3)  OJ L 306, 22.11.2003, p. 1.

3

(4)  OJ L 102, 12.4.2001, p. 71. Decision amended by Decision 2002/953/EC (OJ L 330, 6.12.2002, p. 39).

4

---