Commission Regulation (EC) No 812/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain products from third countries (Text with EEA relevance)
Date: 2003-05-12
Institutions: European Commission
Subjects: animal product, derogation from EU law, health control, health legislation, import, third country, transit

13.5.2003

EN

Official Journal of the European Union

L 117/19

COMMISSION REGULATION (EC) No 812/2003

of 12 May 2003

on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of
the Council as regards the importation and transit of certain products from third countries

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 1774/2002 of 3 October
2002 of the European Parliament and of the Council
laying
down health rules concerning animal-by-products not intended
for human consumption (1), as amended by Commission Regu-
lation (EC) No 808/2003 (2), and in particular Article 32(1)
thereof,

to authorise

importation and transit
the
continue
through the Community of
the concerned products
subject to compliance with the controls set out in Direc-
tive 97/78/EC and also subject to the rules and certifica-
tion requirements provided for in existing Commission
Decisions, or in the case of products not covered by a
Commission Decision, under existing national rules.

(5)

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1774/2002 provides for a complete
revision of Community rules concerning animal by-
for human consumption,
products not
including the introduction of a number of strict require-
ments. In addition, it provides that appropriate transi-
tional measures may be adopted.

intended

Regulation (EC) No 1774/2002 provides that certain
processed products that may be used as feed material
and petfood, dogchew and technical products may be
imported or transited through the Community provided
that they comply with the relevant requirements of that
Regulation. In addition, Regulation (EC) No 1774/2002
provides for the establishment of lists of third countries
or parts of third countries and plants from which those
products may be imported. Regulation (EC) No 1774/
2002 also provides for the establishment of model
health certificates certifying that the products meet the
relevant conditions set out in that Regulation. Those lists
and model certificates have not yet been adopted.

Regulation (EC) No 1774/2002 provides that pending
the adoption of
those lists and model certificates,
Member States may maintain for products which were
not yet harmonised at Community level the controls
provided for
in Council Directive 97/78/EC of 18
December 1997 laying down the principles governing
the organisation of veterinary checks on products
entering the Community from third countries (3), and the
certificates provided for under existing national rules.

It is necessary to provide for transitional measures for
third countries, pending implementation of Article 29(6)
and the update of the model of certificates in Annex X
to that Regulation. Accordingly, Member States should

(1) OJ L 273, 10.10.2002, p. 1.
(2) See page 1 of this Official Journal.
(3) OJ L 24, 30.1.1998, p. 9.

HAS ADOPTED THIS REGULATION:

Article 1

Derogation regarding the importation from third coun-
tries

By way of derogation from Article 29(3), (4), (5) and (6)
1.
of Regulation (EC) No 1774/2002, Member States
shall
continue to authorise until 31 December 2003 the importation
and transit through the Community of the products referred to
in Annexes VII and VIII to that Regulation, subject to compli-
ance with the certification requirements, and to the presenta-
tion of a valid certificate in accordance with the models,
provided for in:

(a) the Commission Decisions set out in the Annex to this
Regulation for those products covered by those Decisions;

(b) existing national rules for those products not covered by
the Commission Decisions set out in the Annex to this
Regulation.

The Commission shall propose detailed transitional rules
justification has been

for which adequate

2.
for products
provided.

Article 2

Entry into force

This Regulation shall enter
following that of
European Union.

its publication in Official

into force on the third day
the

Journal of

It shall apply from 1 May 2003 to 31 December 2003.

L 117/20

EN

Official Journal of the European Union

13.5.2003

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 May 2003.

For the Commission

David BYRNE

Member of the Commission

13.5.2003

EN

Official Journal of the European Union

L 117/21

ANNEX

1. Commission Decision 89/18/EEC of 22 December 1988 concerning the conditions of importation from third coun-

tries of fresh meat for purposes other that human consumption (1).

2. Commission Decision 92/187/EEC of 28 February 1992 laying down the conditions which have to be complied
with for importation of certain raw materials for the pharmaceutical processing industry, coming from certain third
countries, which do not appear on the list established by Council Decision 79/542/EEC (2).

3. Commission Decision 92/183/EEC of 3 March 1992 laying down the general conditions which have to be complied
with for the import of certain raw materials for the pharmaceutical processing industry, coming from third coun-
tries, which appear on the list established by Council Decision 79/542/EEC (3).

4. Commission Decision 92/562/EEC of 17 November 1992 on the approval of alternative heat treatment systems for

processing high-risk material (4).

5. Commission Decision 94/143/EC of 1 March 1994 laying down the animal health requirements and the veterinary

certification for the importation of serum from equidae from third countries (5).

6. Commission Decision 94/309/EC of 27 April 1994 laying down the animal health requirements and the veterinary
certification for the importation from third countries of certain petfoods and certain untanned edible products for
pets, containing low-risk animal materials (6).

7. Commission Decision 94/344/EC of 27 April 1994 laying down the animal health requirements and the veterinary
certification for the importation from third countries of processed animal protein including products containing this
protein intended for animal consumption (7).

8. Commission Decision 94/435/EC of 10 June 1994 laying down the animal health requirements and the veterinary

certification for the importation of pig bristles from third countries (8).

9. Commission Decision 94/446/EC of 14 June 1994 laying down the requirements for the importation from third
countries of bones and bone products, horns and horn products and hooves and hoof products, excluding meals
thereof, for further processing not intended for human or animal consumption (9).

10. Commission Decision 94/860/EC of 20 December 1994 laying down the requirements for the import from third

countries of apiculture products for use in apiculture (10).

11. Commission Decision 95/341/EC of 22 July 1995 concerning animal health conditions and veterinary certification

for imports of milk and milk-based products not intended for human consumption from third countries (11).

12. Commission Decision 96/500/EC of 22 July 1996 laying down the animal health requirements and the certification
or official declaration for the import of game trophies of birds and ungulates not having undergone a complete taxi-
dermy treatment from third countries (12).

13. Commission Decision 97/168/EC of 29 November 1996 laying down the animal health requirements and the certi-

fication or official declaration for the import of hides and skins of ungulates from third countries (13).

14. Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with regards to trade

in certain types of mammalian waste (14).

15. Commission Decision 2001/25/EC of 27 December 2000 prohibiting the use of certain animal by-products in

animal feed (15).

16. Decision 94/278/EC of 18 March 1994 drawing up a list of third countries from which Member States authorize

imports of certain products subject to Council Directive 92/118/EEC (16).

(1) OJ L 8, 11.1.1989, p. 17.
(2) OJ L 87, 2.4.1992, p. 20.
(3) OJ L 84, 31.3.1992, p. 33.
(4) OJ L 359, 9.12.1992, p. 23. Decision as last amended by the 1994 Act of Accession.
(5) OJ L 62, 5.3.1994, p. 41.
(6) OJ L 137, 1.6.1994, p. 62. Decision amended by Decision 97/199/EC (OJ L 84, 26.3.1997, p. 44).
(7) OJ L 154, 21.6.1994, p. 45. Decision amended by Decision 97/198/EC (OJ L 84, 26.3.1997, p. 36).
(8) OJ L 180, 14.7.1994, p. 40.
(9) OJ L 183, 19.7.1994, p. 46. Decision amended by Decision 97/197/EC (OJ L 84, 26.3.1997, p. 32).
(10) OJ L 352, 31.12.1994, p. 69.
(11) OJ L 200, 24.8.1995, p. 42.
(12) OJ L 203, 13.8.1996, p. 13.
(13) OJ L 67, 7.3.1997, p. 19.
(14) OJ L 294, 28.10.1997, p. 7. Decision amended by Council Decision 1999/534/EC (OJ L 204, 4.8.1999, p. 37).
(15) OJ L 6, 11.1.2001, p. 16.
(16) OJ L 120, 11.5.1994, p. 44. Decision last amended by Decision 98/597/EC (OJ L 286, 23.10.1998, p. 59).