2000/2/EC: Commission Decision of 17 December 1999 amending Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products and repealing Decision 1999/301/EC (notified under document number C(1999) 4844) (Text with EEA relevance)
Date: 1999-12-17
Institutions: European Commission
Subjects: United States, cattle, equidae, fresh meat, goat, import (EU), live animal, meat product, originating product, sheep, swine

4. 1. 2000

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Official Journal of the European Communities

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COMMISSION

COMMISSION DECISION

of 17 December 1999

amending Council Decision 79/542/EEC drawing up a list of third countries from which the
Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat
and meat products and repealing Decision 1999/301/EC

(notified under document number C(1999) 4844)

(Text with EEA relevance)

(2000/2/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 72/462/EEC of 12
December 1972 on health and veterinary inspection problems
on importation of bovine, ovine and caprine animals and
swine, fresh meat or meat product from third countries (1), as
last amended by Directive 97/79/EC (2), and in particular
Article 3(1) thereof.

Having regard to Council Directive 96/23/EC of 29 April 1996
concerning measures to monitor certain substances and resi-
dues thereof in live animals and animal products and repealing
Directives 85/358/EEC and 86/469/EEC and Decisions 89/
187/EEC and 91/664/EEC (3), and in particular Article 29
thereof,

Whereas:

(1)

(2)

(3)

Member States can only import fresh meat including
offal from third countries or parts of third countries
appearing on a list established by the Council on a
proposal from the Commission;

these third countries or parts thereof

the list of
is
contained in Council Decision 79/542/EEC (4), as last
amended by Commission Decision 1999/301/EC (5);

inclusion and retention of a third country on the lists of
third countries provided for in Community legislation
from which Member States are authorised to import
products of animal origin covered by Council Directive
96/23/EC is subject to submission by the third country
concerned of a plan setting out the guarantees which it
offers as regards the monitoring of the groups of resi-

(1) OJ L 302, 31.12.1972, p. 28.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 146, 14.6.1979, p. 15.
(5) OJ L 117, 5.5.1999, p. 52.

(4)

(5)

(6)

(7)

(8)

dues and substances referred to in Annex I of
the
Directive referred to; this plan must be updated at the
request of the Commission, particularly when the checks
referred to in Article 29(3) of
the abovementioned
Directive render it necessary;

where the requirements of the paragraph above are not
complied with, inclusion of a third country on the lists
of third countries laid down by Community legislation
may be suspended in accordance with the procedure laid
down in Article 33 of Council Directive 96/23/EC;

the application of residue monitoring plans, and the
follow up to evidence of
the use of unauthorised
substances or of residue levels exceeding the Community
maximum residue limits, are necessarily to protect
public health;

the United States of America had agreed to take remedial
action measures to rectify deficiencies identified the
design and implementation of their residue monitoring
programme; these measures were communicated to the
Commission;

in the light of the measures notified by the United States
of America, the Commission carried out a mission to
verify the adequacy and effectiveness of these measures;

the

enforcement of

the verification mission carried out by the Commission
revealed serious problems as regards the implementation
and the
residue monitoring
programme in place in the United States of America,
and demonstrated that the programme does not provide
the guarantees concerning the protection of public
health against risks from residues as required by the
European Community; whereas the United States of
America has agreed to take further action to rapidly
remedy the deficiencies;

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Official Journal of the European Communities

4. 1. 2000

(9)

(10)

(11)

(12)

in circumstances like those described above, the relevant Community legislation and international
agreements applicable in this case enable the European Community to suspend imports from the
United States of America; whereas a limited period of time should be provided for the United States
of America to take the necessary measures and action required to satisfy objectively that the level of
sanitary protection applied in the European Community is respected;

the United States of America should therefore be suspended from the list of third countries from
which the Member States are authorised to import meat for human consumption with effect form
15 February 2000; whereas suspension of imports, in the circumstances of the present case, is the
only type of measure that is reasonably available to the European Community;

the measures provided for in this Decision shall be reviewed in the light of guarantees provided by
the United States of America on the effective implementation of measures for residue monitoring;

in the light of this Decision it is necessary to repeal Commision Decision 1999/301/EC amending
Decision 87/257/EEC on the list of establishments in the United States of America approved for the
purpose of importing fresh meat into the Community and amending Council Decision 79/542/EEC
drawing up a list of third countries from which the Member States authorise imports of bovine
animals, swine,
fresh meat and meat products, as amended by Commission Decision 1999/
417/EC (1);

(13)

the measures provided for in this Decision are in accordance with the opinion of the Standing
Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

Part I of the Annex to Decision 79/542/EEC is amended as follows:

1. the line

‘US United States of America

s x x x x x x x x x # # # XR(b)’

is replaced by:

‘US United States of America

s

s

s

s

s

s x x x x # # # o’.

2. The text of footnote s is replaced by the following text:

‘s = suspended for export of fresh meat and meat products for human consumption’.

The Member States shall alter the measures they apply in trade in order to bring them into line with Article
1 of this Decision. They shall

immediately inform the Commission thereof.

Article 2

The provisions of Article 1 shall be reviewed in the light of guarantees provided by the United States of
America on the effective implementation of measures for residue monitoring.

Article 3

Article 4

Article 5

Decision 1999/301/EC is hereby repealed.

Article 1 shall apply from 15 February 2000.

(1) OJ L 159, 25.6.1999, p. 56.

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This Decision is addressed to the Member States.

Article 6

Done at Brussels, 17 December 1999.

For the Commission

David BYRNE

Member of the Commission