EN Official Journal of the European Union L 2/11

COMMISSION DECISION

of 18 December 2008

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

(notified under document number C(2008) 8516)

(Text with EEA relevance)

(2009/4/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 Article 8(1) and Article 8(4) 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) Botswana is listed in Part 1 of Annex II to Decision 79/542/EEC and has been divided into different territories, mainly according to their animal health status. Those territories are authorised to export to the Community de-boned and matured fresh meat of domestic bovine animals, of domestic sheep and goats, and of certain farmed and wild non-domestic animals (fresh meat).

(4) On 20 October 2008, an outbreak of foot-and-mouth disease was suspected in a farm located in the district of Ghanzi, situated in the veterinary disease control zone 12 of Botswana. That veterinary disease control zone is at present authorised to export fresh meat to the Community. As soon as the outbreak was confirmed, the competent authority in Botswana suspended exports of fresh meat to the Community.

(5) In view of these circumstances, imports into the Community of fresh meat from the veterinary disease control zone 12 of Botswana should no longer be authorised. Considering that the competent authority in Botswana has provided sufficient guarantees regarding the measures put in place to control the spread of the disease and considering that the affected areas are completely fenced it is appropriate to limit that restriction to veterinary disease control zone 12 only.

(6) The description of the territory BR-1 of Brazil excludes from the territories authorised to export fresh de-boned and matured bovine meat into the Community an area called the ‘high surveillance zone’. This consists of a strip of 15 km along the border with Paraguay that covers a number of municipalities, including Caracol and Antônio João that were not included. It is therefore opportune to add these two municipalities to the description of the ‘high surveillance zone’ in the territory BR-1.

(7) Part 1 of Annex II to Decision 79/542/EEC should therefore be amended accordingly.

(8) 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

This Decision shall apply from 20 December 2008.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 18 December 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.