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1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COUNCIL DECISION
of 22 June 1995
on the conditions for drawing up, for an interim period, provisional lists of third country
establishments from which Member States are authorized to import certain products of animal
origin, fishery products or live bivalve molluscs
(95/408/EC)
(OJ No L 243, 11. 10. 1995, p. 17)
Amended by:
Official Journal
No page date
Council Decision of 17 December 1996 (97/34/EC) L 13 33 16. 1. 1997
95/408 - - - I
ICOUNCIL DECISION
of 22 June 1995
on the conditions for drawing up, for an interim period, provisional lists of third country
establishments from which Member States are authorized to import certain products of animal
origin, fishery products or live bivalve molluscs
(95/408/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the T reaty establishing the EuropeanCommunity, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European
Parliament (2),
Whereas products of animal origin, fishery products and
live bivalve molluscs are included in the list of products set
out in Annex II to the T reaty; whereas health rules
applying to production and marketing have been laid downat Community level;
(1) OJ No C 208, 28. 7. 1994, p. 9.
(2) OJ No C 276, 3. 10. 1994, p. 13.
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IIWhereas Community arrangement have been defined in
respect of imports from third countries; whereas these
arrangements require the drawing up of lists of third
country establishments from which imports of certain
products are permitted in accordance with Article 14.B (2)
(a) of Council Directive 71/118/EEC of 15 February 1971
on health problems affecting the production and placing
on the market of fresh poultrymeat (1), Article 4 (1) of
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 (2), Article 9 (3) (c) of Council Directive
91/492/EEC of 15 July 1991 laying down the health
conditions for the production and placing on the market of
live bivalve molluscs (3), Article 11 (4) (c) of Council
Directive 91/493/EEC of 22 July 1991 laying down thehealth conditions for the production and placing on the
market of fishery products (
4), Article 16 (3) (a) of Council
Directive 92/45/EEC of 16 June 1992 on public health and
animal health problems relating to the killing of wild game
and the placing on the market of wild game meat (5),
Article 23 (3) (a) of Council Directive 92/46/EEC of 16
June 1992 laying down the health rules for the production
and placing on the market of raw milk, heat-treated milk
a n dm i l k - b a s e dp r o d u c t s (6)a n dA r t i c l e1 0( 3 )( b )o f
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 (I) to
Directive 89/662/EEC, and, as regards pathogens, to
Directive 90/425/EEC (7);
(1) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended
by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).
(2) OJ No L 302, 31. 12. 1972, p. 28. Directive as last
amended by Regulation (EEC) No 1601/92 (OJ No L 173,27. 6. 1992, p. 13).
(
3) OJ No L 268, 24. 9. 1991, p. 1. Directive as last amended
by the EEA Agreement.
(4) OJ No L 268, 24. 9. 1991, p. 15. Directive as last amended
by the EEA Agreement.
(5) OJ No L 268, 14. 9. 1992, p. 35. Directive as last amended
by Directive 92/116/EEC (OJ No L 62, 15. 3. 1993, p. 1).
(6) OJ No L 268, 14. 9. 1992, p. 1. Directive as last amended
by Commission Decision 94/330/EC (OJ No L 146, 11. 6.1994, p. 23).
(
7) OJ No L 62, 15. 3. 1993, p. 49. Directive as last amended
by Commission Decision 94/723/EC (OJ No L 288, 9. 11.1994, p. 48).
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IIIWhereas, in order to allow the time necessary to carry out
Community inspections in third countries to verify that
their establishments comply with Community provisions
and to avoid a disruption in trade from third countries, a
simplified approval system should be applied for an
interim period;
Whereas during the interim period the guarantee of
conformity with Community provisions for the protection
of public and animal health should be undertaken by the
competent authority of the third country concerned;
whereas establishments may only be entered on the lists
where the third country concerned has provided the
necessary assurances on compliance with Community rules;
Whereas, it is appropriate to make provisions for a
procedure establishing close and effective cooperation
between the Commission and the Member States within
the Standing Veterinary Committee;
Whereas provision should be made for the possibility for
the Council to extend the current provisional measures in
order to avoid any interruption in traditional flows of
trade,
HAS ADOPTED THIS DECISION:
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1Article 1
1. This Decision shall apply to the drawing up of
provisional lists of third country establishments from which
Member States are authorized to import the products
defined in Article 2 (2) (a) of Council Directive
90/675/EEC of 10 December 1990 laying down the
principles governing the organization of veterinary checks
on products entering the Community from third
countries (1). These lists of establishments shall be valid
pending the drawing up of definitive lists of establishments
in accordance with the provisions of the various directives
governing the health rules applicable to each of the
products concerned.
2. However, Article 2 of this Decision shall not apply to
the drawing up of lists of third country establishments
from which Member States are authorized to import fresh
meat as defined in Article 1, third paragraph of Directive72/462/EEC.
Article 2
1. The Commission may, in accordance with the
procedure provided for in Article 4, draw up provisional
lists of third country establishments from which importsare authorized for each of the products covered by Article
1 where the following conditions are met:
(a) the establishments must be situated in a third country
or part of a third country appearing on the list of
third countries from which imports of the products
concerned are authorized;
(b) the establishment must be situated in a third country
or part of a third country for which the relevant
import conditions and certification requirements for
the products concerned have been established in
accordance with the provisions of the specific
directives;
(c) the competent authority of the third country
concerned has provided the Commission with
satisfactory guarantees that the establishments
appearing on the list or lists meet the relevant
Community health requirements and has officially
approved the establishment appearing on the lists for
exportation to the Community;
(d) the competent authority of the third country must
have a real power to suspend the activities for
exportation to the Community of an establishment for
which that authority has provided guarantees, in the
event of non-compliance with the said guarantees;
(1) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended
by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6.1992, p. 13).95/408
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2(e) a Community or Member State inspection mission has
checked the structure and organization of the
competent authority responsible for the approval of
the establishment as well as the powers available to
that competent authority and the guarantees that it
can provide in regard to the implementation of
Community rules. These checks must include on the
spot inspection of a certain number of establishments
appearing on the list or lists provided by the third
country.
2. For fishery products as defined in Article 2 (1) of
Directive 91/493/ECC, the Commission shall, in accordance
with the procedure provided for in Article 4, draw up a list
of third countries or parts of third countries from which
the import of fishery products is authorized where the
competent authority of the third country has provided the
Commission with guarantees at least equivalent to thoseprovided for by Directive 91/493/EEC.
3. The Commission may, in accordance with the
procedure laid down in Article 5, modify or complete the
lists provided for in paragraphs 1 and 2 to take account of
new information received.
4. Where the conditions set out in paragraph 1 (e) have
not been fulfilled, the Commission may, provided that all
the other conditions are met, draw up provisional lists of
establishments from which imports are authorized in
accordance with the procedure laid down in Article 4.
However, imports from establishments on such lists will
not be eligible for reduced physical checks provided for
under Article 8 (3) of Directive 90/675/EEC pending the
results of the information furnished under Article 8 (3) of
that Directive on imports from those establishments of that
third country.
Article 3
1. The procedure laid down in Article 5 may also be
used:
(i) to amend the lists of approved establishments drawn
up in accordance with Article 4 of Directive
72/462/EEC in accordance with information provided
by the third country concerned;
(ii) to amend the lists of establishments and/or lists of
factory vessels drawn up in accordance with Article 11
(5) of Directive 91/493/ECC in accordance with
information provided by the third country concerned;
(iii) to amend the lists of establishments drawn up in
accordance with Article 9 (3) (c) and the lists of the
production areas demarcated in accordance with
Article 9 (3) (b) (ii) of Directive 91/492/EEC in
accordance with information provided by the third
country concerned;95/408
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3(iv) to amend the lists of establishments drawn up in
accordance with Article 10 (3) (b) of Directive
92/118/EEC.
2. Where it seems necessary, the Commission shall carry
out an on-the-spot inspection prior to amending a list.
Article 4
1. Where the procedure laid down in this Article is to
be followed, matters shall, without delay, be referred to
the Standing Veterinary Committee set up by Decision
68/361/EEC (1) hereafter referred to as the ‘Committee’,
by its chairman, either on his own initiative or at the
request of the representative of a Member State.
2. The representative of the Commission shall submit to
the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on such measures
within a time limit which the chairman shall lay down
according to the urgency of the matter. The opinion shall
be delivered by the majority laid down in Article 148 (2)
of the T reaty in the case of decisions which the Council is
required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States
shall be weighted in the manner set out in that Article.The chairman shall not vote.
3. (a) The Commission shall adopt the measures
envisaged if they are in accordance with the
opinion of the Committee.
(b) If the measures envisaged are not in accordance
with the opinion of the Committee, or if no
opinion is delivered, the Commission shall,
without delay, submit to the Council a proposal
relating to the measures to be taken. The
Council shall act by a qualified majority.
If, within three months from the date of referral to the
Council, the Council has not acted, the Commission shall
adopt the proposed measures save where the Council has
rejected the said measures by a simple majority.
Article 5
1. The Commission shall inform the Member States of
the modifications proposed by the third country concerned
to the lists of establishments within five working days of
the receipt of the proposed modifications.
2. The Member States shall have seven working days,
from receipt of the modifications to the lists of
establishments referred to in paragraph 1, to send any
written comments to the Commission.
(1) OJ No L 255, 18. 10. 1968, p. 23.95/408
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43. (i) Where written comments are made by at least
one Member State, the Commission shall inform
the Member States within five working days and
include the point on the next meeting of the
Standing Veterinary Committee for decision in
accordance with the procedure laid down in
Article 4.
(ii) Where no comments are received from the
Member States within the time limit laid down in
paragraph 2, the modifications to the list shall be
considered to have been accepted by the
Member States. The Commission shall inform
the Member States within five working days, and
imports shall be authorized from such
establishments five working days after receipt of
this information by the Member States.
4. The Commission shall regularly, and at intervals of
not less than six months, adopt the decisions necessary to
update the lists of establishments, and shall publish them
in the Official Journal of the European Communities.
Article 6
Decision 94/941/EEC (SIC! 94/941/EC (1)) is hereby
repealed.
Article 7
Acting in accordance with the procedure provided for in
Article 4, the Commission may adopt the transitional
measures necessary to facilitate the creation and orderly
application of provisional establishment lists in accordance
with this Decision.
Article 8
For the purpose of this Decision, Article 19 of Directive
90/675/EEC relating to safeguard measures shall apply. In
case of repeated breaches, the Commission will withdraw
the establishment in question from the provisional list.
Article 9
This Decision shall apply until 31 December 1998 ,u n l e s s
the Council acting by a qualified majority on a proposal
from the Commission decides to extend its validity.
Article 10
This Decision is addressed to the Member States.
(1) OJ No L 366, 31. 12. 1994, p. 34.95/408
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