1995D0408 — EN — 05.06.2003 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDECISION
of22June1995
on the conditions for drawing up, for an interim period, provisional lists of third country estab-
lishmentsfromwhichMember Statesareauthorizedtoimportcertain productsofanimalorigin,
fisheryproductsorlive bivalvemolluscs
(95/408/EC)
(OJ L 243, 11.10.1995, p. 17)
Amended by:
Official Journal
No page date
►M1 Council Decision 97/34/EC of 17 December 1996 L 13 33 16.1.1997
►M2 Council Decision 98/603/EC of 19 October 1998 L 289 36 28.10.1998
►M3 Council Decision 2001/4/EC of 19 December 2000 L 2 21 5.1.2001
►M4 Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
▼B
COUNCILDECISION
of22June1995
ontheconditionsfordrawingup,foraninterimperiod,provisional
listsofthirdcountryestablishmentsfromwhichMemberStatesareauthorized to import certain products of animal origin, fishery
productsorlive bivalvemolluscs
(95/408/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, 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
Treaty; whereas health rules applying to production and marketing
have been laid down atCommunit y level;
Whereas 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 importsof certain products are permitted in accordance with Article 14.B (2)(a) of Council Directive 71/118/EEC of 15 February 1971 on healthproblems affecting the production and placing on the market of freshpoultrymeat (
3), 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, freshmeat or meat products from third countries (
4), Article 9 (3) (c) of
Council Directive 91/492/EEC of 15 July 1991 laying down the healthconditions for the production and placing on the market of live bivalve
molluscs (
5), Article 11 (4) (c) of Council Directive 91/493/EEC of 22
July 1991 laying down the health conditions for the production andplacing on the market of fishery products (
6), Article 16 (3) (a) of
Council Directive 92/45/EEC of 16 June 1992 on public health andanimal health problems relating to the killing of wild game and theplacing on the market of wild game meat (
7), 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 and milk-based products (
8) and Article 10 (3) (b) of
Council Directive 92/118/EEC of 17 December 1992 laying downanimal health and public health requirements governing trade in andimports into the Community of products not subject to the said require-
ments laid down in specific Community rules referred to in Annex A
(I) to Directive 89/662/EEC, and, as regards pathogens, to Directive90/425/EEC (
9);
Whereas, in order to allow the time necessary to carry out Community
inspections in third countries to verify that their establishments complywith Community provisions and to avoid a disruption in trade from1995D0408 — EN — 05.06.2003 — 004.001 — 2
(1) OJ No C 208, 28. 7. 1994, p. 9.
(2) OJ No C 276, 3. 10. 1994, p. 13.
(3) 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).
(4) 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).
(5) OJ No L 268, 24. 9. 1991, p. 1. Directive as last amended by the EEA
Agreement.
(6) OJ No L 268, 24. 9. 1991, p. 15. Directive as last amended by the EEA
Agreement.
(7) 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).
(8) 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).
(9) 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).
▼B
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 listswhere the third country concerned has provided the necessary assur-ances on compliance with Community rules;
Whereas, it is appropriate to make provisions for a procedure estab-
lishing close and effective cooperation between the Commission andthe 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 interrup-
tion in traditional flows of trade,
HAS ADOPTED THIS DECISION:
Article 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 Directive90/675/EEC of 10 December 1990 laying down the principlesgoverning the organization of veterinary checks on products enteringthe Community from third countries (
1). These lists of establishments
shall be valid pending the drawing up of definitive lists of establish-
ments in accordance with the provisions of the various directivesgoverning the health rules applicable to each of the productsconcerned.
2. However, Article 2 of this Decision shall not apply to the drawing
up of lists of third country establishments from which Member Statesare authorized to import fresh meat as defined in Article 1, third para-
graph of Directive 72/462/EEC.
Article 2
1. The Commission may, in accordance with the procedure provided
for in Article 4, draw up provisional lists of third country establish-
ments from which imports are authorized for each of the productscovered 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 whichimports 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 certifica-tion requirements for the products concerned have been establishedin 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 relevantCommunity health requirements and has officially approved theestablishment appearing on the lists for exportation to the Commu-nity;
(d) the competent authority of the third country must have a real power
to suspend the activities for exportation to the Community of anestablishment for which that authority has provided guarantees, inthe event of non-compliance with the said guarantees;
(e) a Community or Member State inspection mission has checked the
structure and organization of the competent authority responsiblefor the approval of the establishment as well as the powers avail-1995D0408 — EN — 05.06.2003 — 004.001 — 3
(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).
▼B
able to that competent authority and the guarantees that it can
provide in regard to the implementation of Community rules. Thesechecks 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 procedureprovided 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 theCommission with guarantees at least equivalent to those provided forby 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 para-
graphs 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 conditionsare met, draw up provisional lists of establishments from which importsare 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 Direc-tive 90/675/EEC pending the results of the information furnished underArticle 8 (3) of that Directive on imports from those establishments ofthat 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 accor-
dance with Article 4 of Directive 72/462/EEC in accordance withinformation 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 countryconcerned;
(iii) to amend the lists of establishments drawn up in accordance with
Article 9 (3) (c) and the lists of the production areas demarcated inaccordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC inaccordance with information provided by the third country
concerned;
(iv) to amend the lists of establishments drawn up in accordance with
Article 10 (3) (b) of Directive 92/118/EEC.
2. Where itseems necessary, t he Commission shall carry outan on-
the-spot inspection prior to amending a list.
Article 4
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health set up pursuant to Article 58 ofRegulation (EC) No 178/2002 (
1).
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (2) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
setat15 days.
3. The Committee shall adopt its Rules of Procedure.1995D0408 — EN — 05.06.2003 — 004.001 — 4
(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.▼M4
▼B
Article 5
1. The Commission shall inform the Member States of the modifica-
tions 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 para-graph 1, to send any written comments to the Commission.
3. (i) Where written comments are made by at least one Member
State, the Commission shall inform the Member States withinfive 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 modifica-tions to the list shall be considered to have been accepted bythe Member States. The Commission shall inform the MemberStates within five working days, and imports shall be authorizedfrom 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 estab-lishments, 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 facilitatethe creation and orderly application of provisional establishment lists inaccordance 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 questionfrom the provisional list.
Article 9
This Decision shall apply until ►
M331 December 2003 ◄, unless
the Council acting by a qualified majority on a proposal from theCommission decides to extend its validity.
Article 10
This Decision is addressed to the Member States.1995D0408 — EN — 05.06.2003 — 004.001 — 5
(1) OJ No L 366, 31. 12. 1994, p. 34.