2000/136/EC: Commission Decision of 16 February 2000 amending Commission Decision 2000/2/EC 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(2000) 412) (Text with EEA relevance)
Date: 2000-02-16
Institutions: European Commission
Subjects: fresh meat, import, live animal, meat product, third country

17. 2. 2000

EN

Official Journal of the European Communities

L 45/41

COMMISSION

COMMISSION DECISION

of 16 February 2000

amending Commission Decision 2000/2/EC 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(2000) 412)

(Text with EEA relevance)

(2000/136/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
upon importation of bovine, ovine and caprine animals and
swine, fresh meat or meat products 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 upon 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 99/759/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 300, 23.11.1999, p. 30.

to the
dues and substances referred to in Annex I
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.

(4) Where the requirements of paragraph 3 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.

(5)

(6)

(7)

(8)

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 necessary to protect public
health.

The United States of America had agreed to take reme-
dial 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 verification mission carried out by the Commission
in January/February 2000 revealed that despite some
progress having been made, there are still serious prob-
lems as regards the implementation and the enforcement
of the residue monitoring programme in place in the
United States of America, and demonstrated that the
programme does not entirely provide the guarantees
concerning the protection of public health against risks
from residues as required by the European Community;

L 45/42

EN

Official Journal of the European Communities

17. 2. 2000

whereas the United States of America have agreed to
take further action to rapidly remedy the deficiencies
and have proposed on 8 February 2000 to contract out
analytical work for the detection of certain substances to
one or more approved laboratories capable of carrying
out the required analyses and situated outside the United
States of America; whereas a period of one month is
considered as necessary for the United States of America
to take the appropriate steps and make the relevant
arrangements.

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 meas-
ures 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 from 15 March 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.

(9)

(10)

(12)

In the light of this Decision it is necessary to amend
Commission Decision 2000/2/EC (1) amending Council
Decision 79/542/EEC drawing up a list of third coun-
tries 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.

(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

In Article 5 of Decision 2000/2/EC,
replaced by ‘15 March 2000’.

‘15 February 2000’

is

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 February 2000.

(11)

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 implementa-
tion of measures for residue monitoring.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 1, 4.1.2000, p. 17.