Commission Regulation (EC) No 433/2004 of 9 March 2004 repealing a number of decisions concerning the importation from third countries of animal by-products (Text with EEA relevance)
Date: 2004-03-09
Institutions: European Commission
Subjects: agricultural by-product, animal product, health control, import, originating product, third country, veterinary inspection

10.3.2004

EN

Official Journal of the European Union

L 71/5

COMMISSION REGULATION (EC) No 433/2004

of 9 March 2004

repealing a number of decisions concerning the importation from third countries of animal by-
products

(Text with EEA relevance)

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 Regulation (EC) No 807/2003 (2), and in par-
ticular Articles 3 and 16 thereof,

Having regard to Council Directive 92/118/EEC of 17
December 1992 laying down animal health and public health
requirements governing trade in and imports into the Com-
munity of products not subject to the said requirements laid
down in specific Community rules referred to in Annex A(I) to
Directive 89/662/EEC and, as regards pathogens, to Directive
90/425/EEC (3), as last amended by Commission Decision
2003/42/EC (4), and in particular Articles 10 and 13 thereof,

tical processing industry, coming from third coun-
tries, which appear on the list established by Council
Decision 79/542/EEC (7).

(2)

Directive 92/118/EEC lays down Community rules
concerning animal and public health requirements
governing trade in and the importation into the Com-
munity of certain products of animal origin. That Direc-
tive also provides the legal basis for the following
Commission decisions:

— 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 (8),

— 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 mate-
rials (9), as last amended by Decision 97/199/EC (10),

Whereas:

(1)

Directive 72/462/EEC lays down rules on health and
veterinary inspections concerning the importation of
certain animals and their meat and meat products into
the Community. That Directive provides the legal basis
for the following Commission Decisions concerning the
importation of certain animal products and by-products
into the Community:

— Decision

89/18/EEC of

1988
concerning the conditions of importation from third
for purposes other than
countries of
human consumption (5),

22 December

fresh meat

— 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 (6),
and

— Decision 92/183/EEC of 3 March 1992 laying down
the general conditions to be complied with for the
import of certain raw materials for the pharmaceu-

(1) OJ L 302, 31.12.1972, p. 28.
(2) OJ L 122, 16.5.2003, p. 36.
(3) OJ L 62, 15.3.1993, p. 49.
(4) OJ L 13, 18.1.2003, p. 24.
(5) OJ L 8, 11.1.1989, p. 17.
(6) OJ L 87, 2.4.1992, p. 20.

— 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
animal
consumption (11), as last amended by Decision 97/
198/EC (12),

intended

protein

this

for

— 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 (13),

— 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 (14), as
last amended by Decision 97/197/EC (15),

— Decision 94/860/EC of 20 December 1994 laying
down the requirements for the import from third
countries of apiculture products for use in apicul-
ture (16),

(7) OJ L 84, 31.3.1992, p. 33.
(8) OJ L 62, 5.3.1994, p. 41.
(9) OJ L 137, 1.6.1994, p. 62.
(10) OJ L 84, 26.3.1997, p. 44.
(11) OJ L 154, 21.6.1994, p. 45.
(12) OJ L 84, 26.3.1997, p. 36.
(13) OJ L 180, 14.7.1994, p. 40.
(14) OJ L 183, 19.7.1994, p. 46.
(15) OJ L 84, 26.3.1997, p. 32.
(16) OJ L 352, 31.12.1994, p. 69.

L 71/6

EN

Official Journal of the European Union

10.3.2004

— Decision 95/341/EC of 27 July 1995 concerning
animal health conditions and the veterinary certifica-
tion for imports of milk and milk-based products not
intended for human consumption from third coun-
tries (1), as amended by Decision 96/106/EC (2),

— 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 under-
from third
gone a complete taxidermy treatment
countries (3),

— Decision 97/168/EC of 29 November 1996 laying
down the animal health requirements and the certifi-
cation or official declaration for the import of hides
and skins of ungulates from third countries (4),

— Commission Decision 97/198/EC of 25 March 1997
laying down the animal health requirements and the
veterinary certification for the import of processed
animal protein from certain third countries which
use alternative heat treatment systems and amending
Decision 94/344/EC (5).

(3)

Directive 2002/33/EC (6) of the European Parliament and
of the Council of 21 October 2002 amending Council
Directives 90/425/EEC and 92/118/EEC as
regards
health requirements for animal by-products significantly
amended those Directives,
in order to
reduce their
it only covered animal
products intended for human consumption and patho-
gens.

scope so that

in particular

(4)

(5)

(6)

All the Community rules on animal by-products not
intended for human consumption are now provided for
in Regulation (EC) No 1774/2002 of
the European
Parliament and of the Council (7).

Accordingly, in the interests of consistency and clarity of
Community legislation, those various Commission Deci-
sions on animal by-products not intended for human
consumption which have as their legal basis Directives
72/462/EEC and 92/118/EEC should therefore be
repealed.

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

HAS ADOPTED THIS REGULATION:

Article 1

Decisions repealed

Decisions 89/18/EEC, 92/187/EEC, 92/183/EEC, 94/143/EC,
94/309/EC, 94/344/EC, 94/435/EC, 94/446/EC, 94/860/EC,
95/341/EC, 96/500/EC, 97/168/EC and 97/198 are repealed.

Article 2

Entry into force and applicability

into force on the third day
This Regulation shall enter
following that of its publication in the Official Journal of the
European Union.

It shall apply from 1 May 2004.

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

Done at Brussels, 9 March 2004.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 200, 24.8.1995, p. 42.
(2) OJ L 24, 13.1.1996, p. 34.
(3) OJ L 203, 13.8.1996, p. 13.
(4) OJ L 67, 7.3.1997, p. 19.
(5) OJ L 84, 26.3.1997, p. 36.
(6) OJ L 315, 19.11.2002, p. 14.

(7) OJ L 273, 10.10.2002, p. 1.