Commission Regulation (EC) No 1471/2004 of 18 August 2004 amending Annex XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the import of cervid products from Canada and the United States(Text with EEA relevance)
Date: 2004-08-18
Institutions: European Commission
Subjects: Canada, United States, animal disease, cervidae, health certificate, import

L 271/24

EN

Official Journal of the European Union

19.8.2004

COMMISSION REGULATION (EC) No 1471/2004

of 18 August 2004

amending Annex XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council
as regards the import of cervid products from Canada and the United States

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular
the first paragraph of Article 23 thereof,

Whereas:

Council Directive 92/65/EEC laying down animal health
requirements governing trade in and imports into the
Community of animals, semen, ova and embryos not
subject
to animal health requirements laid down in
specific Community rules referred to in Annex A(1) to
Directive 90/425/EEC (3) specifies that only semen, ova
and embryos of certain named species may be imported
into the Community. Cervid species are not included.
Therefore the import of semen, embryos and ova of
cervid animals to the Community is already precluded.

(5)

Measures should be introduced to minimise the potential
public and animal health risk posed by the importation
of fresh meat, meat products and meat preparations of
farmed and wild cervids.

(6)

Regulation (EC) No 999/2001 should therefore be
amended accordingly.

(1)

(2)

(3)

Chronic wasting disease has been reported in farmed and
wild deer and elk in Canada and the United States of
America. So far, no native cases of the disease have been
confirmed elsewhere.

(7)

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

opinion

the

the

of

In its opinion of 6 and 7 March 2003 the Scientific
Steering Committee recommended reinforced protection
of animal and public health in the Community from the
risk posed by chronic wasting disease in cervids in
Canada and the United States of America.

As Canada and the United States of America do not
appear on the list of third counties approved to export
non-domestic ruminant animals to the Community laid
down in Council Decision 79/542/EEC drawing up a list
of third countries or parts of third countries, and laying
down animal and public health and veterinary certifi-
cation conditions, for importation into the Community
of certain live animals and their fresh meat (2), the export
of live cervids from these countries to the Community is
already precluded.

HAS ADOPTED THIS REGULATION:

Article 1

Annex XI
accordance with the Annex to this Regulation.

to Regulation (EC) No 999/2001 is amended in

Article 2

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

(1) OJ L 147, 31.5.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 876/2004 (OJ L 162, 30.4.2004,
p. 52).

(2) OJ L 146, 14.6.1979, p. 15. Decision as

last amended by

Commission Decision 2004/554/EC (OJ L 248, 9.7.2004, p. 1).

It shall apply from 1 January 2005.

(3) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive

2004/68/EC (OJ L 139, 30.4.2004, p. 320).

19.8.2004

EN

Official Journal of the European Union

L 271/25

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

Done at Brussels, 18 August 2004.

For the Commission

David BYRNE
Member of the Commission

ANNEX

In part D of Annex XI, the following point 4 is added:

‘4.

(a) When the farmed game meat defined by Council Directive 91/495/EEC (1), meat preparations defined by Council
Directive 94/65/EC (2), and meat products defined by Council Directive 77/99/EEC (3), derived from farmed
cervid animals, are imported into the Community from Canada or the United States of America, the health
certificates shall be accompanied by a declaration signed by the competent authority of
the country of
production, worded as follows:
“This product contains or is derived exclusively from meat, excluding offal and spinal cord, of cervid animals
immunohistochemistry or other
which have been examined for chronic wasting disease by histopathology,
diagnostic method recognised by the competent authority with negative results and is not derived from
animals coming from a herd where chronic wasting disease has been confirmed or is officially suspected.”

(b) When game meat as defined by Council Directive 92/45/EEC (4), meat preparations defined by Council Directive
94/65/EC, and meat products defined by Council Directive 77/99/EEC, derived from wild cervid animals, is
imported into the Community from Canada or the United States of America, the health certificate shall be
accompanied by a declaration signed by the competent authority of the country of production, worded as
follows:
“This product contains or is derived exclusively from meat, excluding offal and spinal cord, of cervid animals
immunohistochemistry or other
which have been examined for chronic wasting disease by histopathology,
diagnostic method recognised by the competent authority with negative results and is not derived from
animals coming from a region where chronic wasting disease has been confirmed in the last three years or
is officially suspected.”’

(1) OJ L 268 24.9.1991, p. 41.
(2) OJ L 368, 31.12.1994, p. 10.
(3) OJ L 26, 31.1.1977, p. 85.
(4) OJ L 268, 14.9.1992, p. 35.