EN Official Journal of the European Union L 316/14

COMMISSION DECISION

of 21 November 2008

amending Annex II to Council Decision 79/542/EEC as regards the regionalisation for Brazil in the list of third countries or parts thereof from which imports into the Community of certain fresh meat is authorised

(notified under document number C(2008) 6977)

(Text with EEA relevance)

(2008/883/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 (1), and in particular the introductory phrase of Article 8, the first subparagraph of point 1 of Article 8 and point 4 of Article 8 thereof,

Whereas:

(1) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2) establishes the sanitary conditions for the importation into the Community of live animals, excluding equidae, and the importation of fresh meat of such animals, including equidae, but excluding meat preparations.

(2) Decision 79/542/EEC provides that imports of fresh meat intended for human consumption are only allowed if such meat comes from a territory of a third country or a part thereof listed in Part 1 of Annex II to that Decision, and the fresh meat meets the requirements set out in the appropriate veterinary certificate for that meat in accordance with the models set out in Part 2 of that Annex, taking into account any specific conditions or supplementary guarantees required for the meat.

(3) Requirements for imports of meat from third countries depend largely on the animal health status of the exporting third country or region. If a region is free of foot-and-mouth disease without vaccination, imports of bone-in fresh meat is allowed, whereas if the region is free of foot-and-mouth disease with vaccination, then only de-boned and matured meat may be imported into the Community. The World Organisation for Animal Health (OIE) determines the foot-and-mouth disease status of the OIE member countries and the Commission’s inspections verify the animal health status of third countries and their ability to meet Community requirements.

(4) In July 2008, the status of free of foot-and-mouth disease with vaccination was reinstated by the OIE for the Brazilian State of Mato Grosso do Sul.

(5) Considering the free of foot-and-mouth disease status of Mato Grosso do Sul, and considering the results of the Commission’s inspections carried out in Brazil, that State should be re-included in the list of territories from which imports into the Community of fresh de-boned and matured bovine meat are authorised under the uniform conditions applicable to the other Brazilian States free of foot-and-mouth disease with vaccination and currently authorised for such imports into the Community.

(6) Certain parts of the Brazilian States of Mato Grosso and Minas Gerais are at present not included in the list of territories in Part 1 of Annex II to Decision 79/542/EEC from which imports into the Community of fresh de-boned and matured bovine meat are authorised. However, the entirety of those States is recognised by the OIE as free of foot-and-mouth disease with vaccination. In addition, the results of the Commission’s inspections carried out in Brazil provided sufficient guarantees as regards the animal health controls in place in the entirety of the States of Mato Grosso and Minas Gerais, in particular taking into account the system of specifically approved farms. Based on the OIE recognition and on those guarantees, it is opportune to include the entirety of the States of Mato Grosso and Minas Gerais in the list of territories from which imports into the Community of fresh de-boned and matured bovine meat are authorised.

(7) The State of Mato Grosso do Sul and all parts of the States of Minas Gerais and Mato Grosso will be allowed to export fresh de-boned and matured bovine meat under the uniform conditions applicable to the Brazilian States free of foot-and-mouth disease with vaccination and currently authorised for such imports into the Community.

(8) Decision 79/542/EEC should therefore be amended accordingly.

(9) 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

Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in the Annex to this Decision.

Article 2

Consignments of fresh de-boned and matured beef from the territory with code BR-1 as defined in Commission Decision 2008/642/EC (3) from animals slaughtered before 1 December 2008 may be imported into the Community until 14 January 2009.

Article 3

This Decision shall apply from 1 December 2008.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 21 November 2008. For the Commission Androulla VASSILIOU Member of the Commission

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

(2) OJ L 146, 14.6.1979, p. 15.

(3) OJ L 207, 5.8.2008, p. 36.