COMMISSION DECISION of 29 May 1998 concerning the animal health conditions and veterinary certification for imports of fresh meat from certain European countries (notified under document number C(1998) 1445) (Text with EEA relevance) (98/371/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), as last amended by Directive 97/79/EC (2), and in particular Articles 14, 15 and 16,
Whereas the animal health conditions and veterinary certification for imports of fresh meat from the Former Yugoslav Republic of Macedonia, Hungary, Poland, Romania, Bulgaria, Slovenia, Croatia, Czech Republic, Slovak Republic and the Federal Republic of Yugoslavia were established by Commission Decisions 81/547/EEC (3), 82/8/EEC (4), 82/9/EEC (5), 82/132/EEC (6), 92/222/EEC (7), 92/377/EEC (8), 92/390/EEC (9), 94/845/EC (10), 94/846/EC (11) and 97/737/EC (12);
Whereas the imports of fresh meat from Albania are not authorised by Commission Decision 89/197/EEC (13);
Whereas the animal health conditions and veterinary certification for imports of fresh meat from Belarus, Bosnia-Herzegovina, Estonia, Latvia, Lithuania, and Russia have not yet been established; whereas it is therefore necessary to determine the products to be authorised and the health guarantees to be requested;
Whereas, with a view to the internal market, numerous health measures have been established in the framework of trade inside the Community; whereas the realisation of this objective necessitates, in parallel, an adaptation of the health conditions required for importation of fresh meat from third countries particularly from certain European countries;
Whereas this adaptation must take into account the different epidemiological situations in the European countries concerned, and indeed in the different parts of their territories; whereas, given the existence of identical health situations between the various parts of those different countries, it is necessary to take account of this fact in establishing a new system of health guarantees;
Whereas, as a result, it is appropriate to establish different health certificates in accordance with the conditions required for the importation of fresh meat from those different categories of countries or parts of countries;
Whereas, in order to clarify and simplify the Community legislation it is necessary to group together the health conditions required for imports of fresh meat from the European countries concerned and to repeal the decisions in force for those countries;
Whereas, in addition, the responsible veterinary authorities of the concerned countries must confirm that their countries or regions have for at least 12 months been free from rinderpest, foot-and-mouth disease, African swine fever, classical swine fever, swine vesicular disease, porcine enteroviral encephalomyelitis (Teschen disease);
Whereas the responsible authorities of the concerned countries must undertake to notify the Commission and the Member States within 24 hours, by fax, telex or telegram of the confirmation of the occurrence of any of the abovementioned diseases or an alteration in the vaccination policy against them; whereas certain authorities have also undertaken to notify the Commission periodically with updated information on monitoring and diseases control plans for the abovementioned diseases, in particular classical swine fever;
Whereas other health conditions must be established for meat not intended for human consumption in accordance with the provisions of Directive 92/118/EEC (14) and Commission Decision 89/18/EEC (15), concerning importation from third countries of fresh meat for purposes other than human consumption;
Whereas animal health conditions and veterinary certification must be adapted according to the animal health situation of the third country concerned;
Whereas Council Directive 96/93/EC (16) lays down standards of certification which are necessary for valid certification and to prevent fraud; whereas it is appropriate to ensure that the rules and principles applied by third-country certifying officers provide guarantees which are at least equivalent to those laid down in this Directive;
Whereas Council Directive 93/119/EC (17) requires that the veterinary health certificate accompanying meat to be imported from third countries to the European Community must be supplemented by an attestation certifying that the animals have been slaughtered under conditions which offer guarantees of humane treatment at least equivalent to the relevant provisions in the Directive;
Whereas considering that a new certification regime is hereby established, a period of time should be provided for its implementation;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision the following definition shall be used:
'Fresh meat`: as defined in Article 2(b) of Council Directive 64/433/EEC (18).
Article 2
1. Member States shall authorise the importation of the categories of fresh meat set out in Annex II and coming from the territories laid down in Annex I, if they comply with the guarantees laid down in the health certificate, drawn up in conformity with Annex III.
2. Member States shall authorise the introduction onto their territory of fresh meat from the country of origin subject to the supplementary guarantees required in Annex II and described in Annex IV. These supplementary guarantees must be provided by the exporting country in section V of each model of certificate laid down in Annex III.
3. In the case of imports of fresh meat described in Article 1 and intended for purposes other than human consumption, Member States shall ensure that the following requirements are complied with:
- the conditions set out in paragraph 1,
- the conditions established by Directive 92/118/EEC,
- the conditions established by Decision 89/18/EEC.
Article 3
This Decision will be reassessed as required by the changing animal health situation in the Community and in the concerned European countries from which the imports are permitted.
Article 4
This Decision shall come into effect from 15 June 1998.
Article 5
1. Commission Decisions 81/547/EEC, 82/8/EEC, 82/9/EEC, 82/132/EEC, 92/222/EEC, 92/377/EEC, 92/390/EEC, 94/845/EC, 94/846/EC and 97/737/EC are repealed on the date mentioned in Article 4.
2. Member States shall authorise the importation of fresh meat produced and certified according to the requirements of Commission Decisions 82/8/EEC, 82/9/EEC, 82/132/EEC, 92/222/EEC, 92/377/EEC, 92/390/EEC, 94/845/EC and 94/846/EC during the 15 days following the date mentioned in paragraph 1.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 29 May 1998.