EN Official Journal of the European Union L 336/94

COMMISSION IMPLEMENTING DECISION

of 6 December 2012

amending Decision 2009/821/EC as regards the lists of border inspection posts and veterinary units in Traces

(notified under document C(2012) 8889)

(Text with EEA relevance)

(2012/762/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 20(1) and (3) thereof,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), and in particular the second sentence of the second subparagraph of Article 6(4) thereof,

Having regard to 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 (3), and in particular Article 6(2) thereof,

Whereas:

(1) Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in TRACES (4) lays down a list of border inspection posts approved in accordance with Directives 91/496/EEC and 97/78/EC. That list is set out in Annex I to that Decision.

(2) Note (15) of the special remarks in Annex I to Decision 2009/821/EC refers to the validity of the provisional approval for the border inspection post at the port of Marseille Port until the conclusion of the works to upgrade those facilities to fully comply with the requirements laid down in Union legislation. That provisional approval was valid until 1 July 2012. France has informed the Commission that the works have been finalised and that the inspection centre Hangar 23 is operational since 1 July 2012. Note (15) of the special remarks in Annex I to Decision 2009/821/EC should therefore be deleted and the entry concerning the border inspection post at Marseille Port should be amended accordingly. For the sake of legal certainty, those amendments should apply retroactively.

(3) Following communication from Denmark, Spain, France, Italy, Slovakia and the United Kingdom, the entries for the border inspection posts in those Member States should be amended in the list set out in Annex I to Decision 2009/821/EC.

(4) Germany has communicated that the border inspection post at Stuttgart airport should be deleted from the list of entries for that Member State. The list of entries for that Member State as set out in Annex I to Decision 2009/821/EC should therefore be amended accordingly.

(5) The Commission audit service (formerly referred to as Commission inspection service), the Food and Veterinary Office, carried out an audit in Spain, following which it made a number of recommendations to that Member State. Spain has communicated that the Inspection centre ‘Laxe’ at the border inspection post at A Coruña-Laxe port, the border inspection post at the airports at Ciudad Real and Sevilla, the Inspection centre ‘Puerto Exterior’ at the border inspection post at Huelva and the Inspection centre ‘Protea Productos del Mar’ at the border inspection post at Marín port should be temporarily suspended. The entries for those border inspection posts set out in Annex I to Decision 2009/821/EC should therefore be amended accordingly.

(6) Italy has communicated that the border inspection post at Ancona airport should be deleted from the list of entries for that Member State. The list of entries for that Member State as set out in Annex I to Decision 2009/821/EC should therefore be amended accordingly.

(7) Following communication from Latvia, the temporary suspension of the border inspection post at Patarnieki should be lifted and the relevant entry for that Member State as set out in Annex I to Decision 2009/821/EC should therefore be amended accordingly.

(8) Annex II to Decision 2009/821/EC lays down the list of central units, regional units and local units in the integrated computerised veterinary system (Traces).

(9) Following communication from Germany and Italy, certain changes should be brought to the list of regional and local units in Traces for these Member States, laid down in Annex II to Decision 2009/821/EC.

(10) Decision 2009/821/EC should therefore be amended accordingly.

(11) 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

Annexes I and II to Decision 2009/821/EC are amended in accordance with the Annex to this Decision.

Article 2

The amendments set out in points (1)(a) and 1(e)(ii) of the Annex shall apply from 1 July 2012.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 6 December 2012. For the Commission Tonio BORG Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29.

(2) OJ L 268, 24.9.1991, p. 56.

(3) OJ L 24, 30.1.1998, p. 9.

(4) OJ L 296, 12.11.2009, p. 1.