EN Official Journal of the European Union L 207/24

COMMISSION DECISION

of 30 July 2008

amending Decision 2007/777/EC concerning the authorisation of China for the importation of heat treated poultrymeat products

(notified under document number C(2008) 3874)

(Text with EEA relevance)

(2008/638/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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 (1), and in particular Article 10(2)(c) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (2), and in particular the introductory phrase of Article 8, the first paragraph of Article 8(1), Article 8(4), Article 9(2)(b) and Article 9(4)(b) and (c) thereof,

Whereas:

(1) Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (3) lays down rules on imports into the Community of consignments of certain meat products for human consumption, including the lists of third countries and parts of third countries from which imports of such products are to be authorised. That Decision also lays down model certificates and rules on treatments required for those products.

(2) Under Decision 2007/777/EC, China is only authorised to export to the Community heat treated poultrymeat products treated in a hermetically sealed container to an Fo value of three or more in accordance with Part 4 of Annex II to that Decision.

(3) The Chinese authorities have now asked the Commission to authorise the importation into the Community of poultrymeat products which have been subjected to a less severe treatment, namely heat treatment to a minimum temperature of 70 °C.

(4) Several inspection missions carried out by the Commission's services in China have shown that the competent authorities in China, in particular in the Province of Shandong are sufficiently well structured to deal with the animal health status of poultry.

(5) In addition, the authorities in the Province of Shandong have been able to demonstrate that the specific animal health requirements as laid down in Directive 2002/99/EC and Decision 2007/777/EC are complied with.

(6) Following the last Annual General Session of the World Organisation for Animal Health (OIE) held in Paris in May 2007 at which China became a full member of that organisation, the Chinese authorities have regularly sent animal health information to the Commission. In addition, they have agreed to notify to the Commission, within 24 hours after confirmation, initial outbreaks of avian influenza and Newcastle disease in each previously disease free part of its territory.

(7) China has recently sent avian influenza virus samples to the Community Reference Laboratory for Avian Influenza (CRL). The exchange of virus samples makes it possible to do more detailed studies on the evolution of the virus and assess the possible origin and means of virus spread.

(8) It is therefore appropriate to authorise the importation into the Community of poultrymeat products from the Province of Shandong in China which have been heat treated to a minimum temperature of 70 °C in accordance with Part 4 of Annex II to Decision 2007/777/EC.

(9) Decision 2007/777/EC should therefore be amended accordingly.

(10) 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

Parts 1 and 2 of Annex II to Decision 2007/777/EC are replaced by the text in the Annex to this Decision.

Article 2

The Member States shall immediately take the necessary measures to comply with this Decision and publish those measures. They shall immediately inform the Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 30 July 2008. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33, corrected by OJ L 195, 2.6.2004, p. 12).

(2) OJ L 18, 23.1.2003, p. 11.

(3) OJ L 312, 30.11.2007, p. 49.