Draft DECISION OF THE EC-ANDORRA JOINT COMMITTEE laying down rules to further implement the Protocol on Veterinary matters supplemental to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra, signed in Brussels on 15 May 1997 - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Decision No 2/1999 of the EC-Andorra Joint Committee set down the legislation to be adopted by Andorra to implement the Protocol on veterinary matters supplementary to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra, signed in Brussels on 15 May 1997 [1]. The Decision ensured the continuation of traditional flows of trade in live animals and animal products between the Andorra and the Community.

[1] OJ L 31, 5.2.2000, p. 84.

2. The Decision No 1/2001 of the EC-Andorra Joint Committee set down further rules to implement this Protocol [2] and to extend the area of harmonised trade.

[2] OJ L 33, 2.2.2002, p. 35.

3. At a meeting on December 13 and 14 December 2001 the EC-Andorra veterinary subgroup considered an extension of the Protocol on veterinary matters, to include areas of veterinary legislation not previously covered and applicable to any new trade flow in animal products that may develop. The veterinary subgroup recommended to the EC-Andorra Joint Committee the attached draft Decision which contains additional Community legislation Andorra should adopt and apply by, at the latest, 18 months after adoption of the Decision by the Joint Committee.

4. The draft Decision includes legislation relating to Transmissible Spongiform Encephalopathies, including the ban on feeding processed animal proteins to farm animals and legislation relating to animal by-products not intended for human consumption. It also includes the new Directives on classical swine fever and on bluetongue.

The draft Decision lays down the legislation to be adopted and any additional measures that Andorra must take to ensure a correct application of this legislation.

5. The Commission recommends that the Council adopt the attached draft Decision as a Community position, with a view to a Joint Committee Decision.

Draft DECISION OF THE EC-ANDORRA JOINT COMMITTEE laying down rules to further implement the Protocol on Veterinary matters supplemental to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra, signed in Brussels on 15 May 1997

THE JOINT COMMITTEE,

Having regard to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra [3], signed in Luxembourg on 28 June 1990, and in particular Article 17 thereof,

[3] OJ L 374, 31.12.1990, p. 14.

Having regard to the protocol on veterinary matters supplementary to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra [4], signed in Brussels on 15 May 1997,

[4] OJ L 148, 6.6.1997, p. 16.

Whereas

(1) The parties desire to extend the traditional exchange of trade between Andorra and the Community which were covered by Decision No 2/1999 [5] and Decision No 1/2001 [6] of the EC-Andorra Joint Committee in order to facilitate development of new exchanges.

[5] OJ L 31, 5.2.2000, p. 84.

[6] OJ L 35, 2.2.2002, p. 35.

(2) Such trade will accordingly be conducted in compliance with Community veterinary rules.

(3) At its meeting in Andorra on December 13th and 14th December 2001 the veterinary subgroup recommended the adoption of an additional list of Community legislation to be applied by Andorra in order to extend the agreement, the date of adoption to be no later than 18 months after the publication of this decision,

HAS DECIDED AS FOLLOWS:

Article 1

Andorra undertakes to adopt Community measures in the field of control for TSE as set down in Article 2, Community measures on treatment of animal by-products not intended for human consumption as set down in Article 3, and Community measures against certain animal diseases as set down in Article 4.

Article 2

TSE legislation

Andorra will adopt Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies [7], as last amended by Commission Regulation (EC) No 1494/2002 [8]. For the purposes of the present Agreement the following adaptations shall be made:

[7] OJ L 147, 31.5.2001, p. 1.

[8] OJ L 225, 22.8.2002, p. 3.

(a) In Annex III, Chapter A, Part II, point 2 the following shall be added:

Andorra // 100

(b) In Annex III, Chapter A, Part II, point 3 the following shall be added:

Andorra // 30

Andorra will adopt Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein [9], as last amended by Commission Decision 2002/248/EC [10].

[9] OJ L 306, 7.12.2000, p. 32.

[10] OJ L 84, 28.3.2002, p. 71.

Andorra will adopt Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein [11], as last amended by Commission Decision 2002/248/EC.

[11] OJ L 2, 5.1.2001, p. 32..

Article 3

Animal by-products

Andorra will adopt Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption [12].

[12] OJ L 273, 10.10.2002, p. 1.

Article 4

Disease control measures

Andorra will adopt Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever [13] and Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue [14].

[13] OJ L 316, 1.12.2001, p. 5.

[14] OJ L 327, 22.12.2000, p. 74.

Article 5

Andorra will transpose and implement, at the latest 18 months from the date of adoption of the present Decision, the Community legislation set down in the Annex to the present Decision.

Article 6

The present Decision will enter into force on the first day of the month following that of its adoption.

Done at Brussels,

For the Joint Committee

The President

ANNEX

References to these basic texts are to be understood as including references to all amendments and implementing rules

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies [15]

[15] OJ L 147, 31.5.2001, p. 1.

Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein [16]

[16] OJ L 306, 7.12.2000, p. 32.

Commission Decision 2001/9/EC of 29 December 2000 concerning control measures required for the implementation of Council Decision 2000/766/EC concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein [17]

[17] OJ L 2, 5.1.2001, p. 32.

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption [18]

[18] OJ L 273, 10.10.2002, p. 1.

Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever [19]

[19] OJ L 316, 1.12.2001, p. 5.

Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue [20].