COMMISSION DECISION of 19 January 1993 amending Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine, and equidae, fresh meat and meat products and repealing Decisions 89/15/EEC and 90/135/EEC
(93/100/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 and meat products from third countries (1), as last amended by Council Regulation (EEC) No 1601/92 (2), and in particular Article 3 thereof,
Having regard to Council Directive 86/469/EEC of 16 September 1986 concerning the examination of animals and fresh meat for the presence of residues (3), and in particular Article 7 thereof,
Having regard to Council Directive 88/146/EEC of 7 March 1988 prohibiting the use in livestock farming of certain substances having a hormonal action (4), and in particular Article 6 thereof,
Whereas by Council Decision 79/542/EEC (5), as last amended by Commission Decision 93/99/EEC (6), a list of third countries from which Member States authorize imports of bovine and porcine animals, equidae fresh meat and meat products has been established;
Whereas by Commission Decision 89/15/EEC (7), as last amended by Decision 91/487/EEC (8), Member States authorize imports of live animals and fresh meat from third countries who gave guarantees in relation to the examination of animals and fresh meat for the presence of residues of substances having a hormonal action;
Whereas by Commission Decision 90/135/EEC (9), as last amended by Decision 91/486/EEC (10), the plans specifying the guarantees offered by certain third countries, in respect of the examination for residues of substances other than those having a hormonal action, are taken into account;
Whereas within the internal market the free circulation of live animals and animal products involves the organization of veterinary checks on imports from third countries, at the point of entry into the territory of the Community;
Whereas the proper functioning of this new system is based on the ease of communication of information and transparency;
Whereas in order to achieve this objective it is necessary to combine the different lists of third countries from which Member States authorize imports of live animals and fresh meat and to list the third countries in accordance with the International Standard Code (ISO code);
Whereas guarantees have been forwarded by the competent authorities of certain countries in relation to the use of substances having a hormonal effect for fattening purposes in relation to live animals and these must be taken into account;
Whereas the ban on the use of substances having a hormonal effect for fattening purposes applies to live animals intended for slaughter; whereas, it is not justified, that this ban affects equidae for breeding and production and registered horses coming from those countries listed for equidae;
Whereas, moreover, it is necessary to take into account the regionalization of certain third countries as laid down in Commission Decision 92/160/EEC (11), as last amended by Decision 92/161/EEC (12);
Whereas furthermore, it is necessary to take into account imports of sheep and goats from third countries;
Whereas certain Member States import live sheep for immediate slaughter from Albania, and it is necessary, as an interim measure to authorize direct imports of these animals to the Member States concerned until the Commission has carried out a veterinary mission; whereas it is necessary to lay down a time limit of 1 July 1993 for such imports;
Whereas certain guarantees have been received from the competent authorities of Lithuania and Ukraine and it is appropriate, as a first step, to add Lithuania and Ukraine to the list concerning the introduction into the Community of equidae;
Whereas the Member States should not authorize imports of animals and animal products covered by this Decision from a third country unless such animals and animal products satisfy the animal health requirements for imports from that country;
Whereas it is necessary to amend Decision 79/542/EEC accordingly, and to repeal Decisions 89/15/EEC and 90/135/EEC;
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
Decision 79/542/EEC is amended as follows:
1. the title is replaced by the following:
'Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products';
2. in Article 1, paragraph 3 (a) and (b) is replaced by the following:
'3. Without prejudice to Decision 92/160/EEC
(a) Member States shall authorize imports of equidae from third countries or parts of third countries appearing in Part 1 of the Annex,
(b) Member States shall authorize temporary admission into the Community or registered horses from or re-entry of registered horses after being temporarily exported to the third countries or parts of third countries appearing in Part 2 of the Annex;';
3. in Article 1, the following paragraph 4 is added:
'4. Member States shall authorize imports of live animals, in particular equidae for slaughter, meat and meat products only from those third countries or parts of those third countries which appear on the list in Part 1 of the Annex and conform to the guarantees regarding residues.';
4. the Annex is replaced by the Annex to this Decision.
Article 2
Decisions 89/15/EEC and 90/135/EEC are repealed.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 19 January 1993.