Proposal for a Council Decision on the Community common position on the draft Decision No 2/2005 of the Joint Committee set up by the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra, concerning certain veterinary matters
Date: 2005-05-26
Institutions: European Commission
Subjects: Andorra, joint committee (EU), trade agreement (EU), veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.05.2005 
COM(2005)211 final 

. 

Proposal for a 

COUNCIL DECISION 

on the Community common position on the draft Decision No 2/2005 of 
the Joint Committee set up by the Agreement in the form of an Exchange of Letters 
between the European Economic Community and the Principality of Andorra, 
concerning certain veterinary matters 

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(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Decision No 2/1999 of the EC-Andorra Joint Committee set down the legislation 
to  be  adopted  by  Andorra  to  implement  the  Protocol  on  veterinary  matters 
supplementary  to  the  Agreement  in  the  form  of  an  exchange  of  letters  between  the 
European Economic Community and the Principality of Andorra, signed in Brussels 
on 15 May 19971. The Decision ensured the continuation of traditional flows of trade 
in live animals and animal products between the Andorra and the Community. 

The Decisions No 1/20012 and No 2/20033 of the EC-Andorra Joint Committee set 
down further rules to implement this Protocol and to extend the area of harmonised 
trade. 

At  a  meeting  on  25  and  26  January  2005  the  EC-Andorra  veterinary  subgroup 
considered  an  extension  of  the  Protocol  on  veterinary  matters,  to  include  areas  of 
veterinary legislation not previously covered and applicable to any new flow in live 
animals  and  animal  products 
that  may  develop.  The  veterinary  subgroup 
recommended to the EC-Andorra Joint Committee the attached draft Decision which 
contains additional Community legislation Andorra should adopt and apply by, at the 
latest, 18 months after adoption of the Decision by the Joint Committee. 

The  draft  Decision  includes  legislation  relating  to  food  safety,  animal  health 
requirements  applicable 
the  non-commercial  movement  of  pet  animals, 
identification and registration of ovine and caprine animals and animal health rules 
governing  the  production,  processing,  distribution  and  introduction  of  products  of 
animal origin for human consumption. 

to 

The  draft  Decision  lays  down  the  legislation  to  be  adopted  and  any  additional 
measures that Andorra must take to ensure a correct application of this legislation. 

5. 

The Commission recommends that the Council adopt the attached draft Decision as a 
Community position, with a view to a Joint Committee Decision. 

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OJ L 31, 5.2.2000, p. 84. 
OJ L 33, 2.2.2002, p. 35. 
OJ L 269, 21.10.2003, p. 28. 

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Proposal for a 

COUNCIL DECISION 

on the Community common position on the draft Decision No 2/2005 of 
the Joint Committee set up by the Agreement in the form of an Exchange of Letters 
between the European Economic Community and the Principality of Andorra, 
concerning certain veterinary matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  the 
second subparagraph of Article 300 (2) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Article  17.1  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the 
European  Economic  Community  and  the  Principality  of  Andorra,  signed  in 
Luxembourg  on  28  June  1990  and  approved  by  Council  Decision  No  90/680/EEC 
(‘the Agreement’)4, sets up a Joint Committee with responsibility for administering the 
Agreement  and  ensuring  that  it  is  properly  implemented  (‘the  EC-Andorra  Joint 
Committee’). 

The  protocol  on  veterinary  matters  supplementary  to  the  Agreement  (‘the  Protocol’) 
was approved by Council Decision No 97/345/EC of 17 February 1997 concerning the 
conclusion of a Protocol on veterinary matters supplementary to the Agreement in the 
form of an Exchange of Letters between the European Economic Community and the 
Principality  of  Andorra5.  Andorra  undertakes  in  the  Protocol  to  apply  certain 
Community  veterinary  rules.  The  Protocol  also  provides  for  a  list  of  Community 
provisions  to  be  applied  by  Andorra  to  be  drawn  up  by  the  EC-Andorra  Joint 
Committee. In addition, the protocol provides for a veterinary sub-group to be set up 
in order to make recommendations to the Joint Committee with a view to amending or 
updating the Community legislation in question. 

Article 4 of Council Decision No 97/345/EC provides that the Community position on 
the recommendations of the veterinary sub-group shall be established by the Council. 

Decisions No 2/19996, 1/20017 and 2/20038 of the EC-Andorra Joint Committee drew 
up lists of Community veterinary provisions to be applied by Andorra; 

OJ L 374, 31.12.1990, p. 14. 
OJ L 148, 6.6.1997, p. 16. 
OJ L 31, 5.2.2000, p. 84. 
OJ L 35, 2.2.2002, p. 35. 
OJ L 269, 21.10.2003, p. 28. 

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(5) 

At  its  meeting  in  Andorra  on  25  and  26  January  2005  the  veterinary  subgroup 
recommended the adoption of an additional list of Community veterinary legislation to 
be applied by Andorra in order to extend the agreement, 

(6) 

That additional list should be approved on behalf of the Community. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Community  position  in  the  EC-Andorra  Joint  Committee  set  up  in  accordance  with 
Article 17 (1) of the Agreement in the form of an Exchange of Letters between the European 
Economic Community and the Principality of Andorra, on the recommendation made by the 
veterinary  subgroup  set  up  under  that  Joint  Committee  at  its  meeting  in  Andorra  on  25  and 
26 January  2005,  concerning  the  extension  of  the  Community  veterinary  provisions  to  be 
applied by Andorra, corresponds to the draft Joint Committee Decision annexed to the present 
Decision. 

Article 2 

Decision  No  2/2005  of  the  EC-Andorra  Joint  Committee  shall  be  published  in  the  Official 
Journal of the European Union once adopted. 

Done at Brussels, 

For the Council 
The President 

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Text of the Draft Decision No 2/2005 of the EC-Andorra Joint committee 

ANNEX 

THE JOINT COMMITTEE, 

Having regard to the Agreement in the form of an exchange of letters between the European 
Economic  Community  and  the  Principality  of  Andorra9  signed  in  Luxembourg  on 
28 June 1990, and in particular Article 17 thereof, 

Having  regard  to  the  protocol  on  veterinary  matters  supplementary  to  the  Agreement  in  the 
form  of  an  exchange  of  letters  between  the  European  Economic  Community  and  the 
Principality  of  Andorra10,  signed  in  Brussels  on  15  May  1997,  and  in  particular  Article  2 
thereof,  

Whereas: 

(1) 

At its meeting in Andorra on 25 and 26 January 2005 the veterinary subgroup of the 
EC-Andorra Joint Committee, set up in accordance with Article 2 of the protocol on 
veterinary  matters  supplementary  to  the  Agreement  in  the  form  of  an  exchange  of 
letters between the European Economic Community and the Principality of Andorra 
recommended  the  adoption of an additional list of Community veterinary measures 
to be applied by Andorra, in addition to the Community veterinary legislation set out 
in Decisions No 2/199911, 1/200112 and 2/200313 of the EC-Andorra joint Committee. 
The  transposition  and  implementation  by  Andorra  of  the  Community  veterinary 
legislation  set  out  in  that  list  should  take  place  within  18  months  from  the  date  of 
adoption of this Decision.  

HAS DECIDED AS FOLLOWS:  

Article 1 

Andorra  shall  transpose  and  implement  the  Community  veterinary  legislation  set 
down  in  the  Annex  to  the  present  Decision  within  18  months  from  the  date  of 
adoption of the present Decision, 

As regard Regulation (EC) No 178/2002 Andorra shall only be required to transpose 
and implement the provisions concerning food safety. The participation of Andorra 
in  the  rapid  alert  system  established  by  Article  50  paragraph  6  of  that  same 
Regulation shall be opened from the date of transposition into Andorran legislation 
and implementation of the above mentioned measures 

OJ L 374, 31.12.1990, p. 14. 
OJ L 148, 6.6.1997, p. 16. 
OJ L 31, 5.2.2000, p. 84. 
OJ L 35, 2.2.2002, p. 35. 
OJ L 269, 21.10.2003, p. 28. 

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2. 

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5. 

Andorra shall transmit lists of approved establishments in accordance with article 31 
of Regulation (EC) No 882/2004 to the Commission and the competent authority of 
the Member States. 

Establishments  in  Andorra  shall  be  subject  to  Community  inspections  in  the  same 
manner  as  establishments  in  the  Community,  pursuant  to  Article  45  of  Regulation 
(EC)  No  882/2004.  Andorra  shall  submit  for  approval  its  official  controls  plan,  as 
provided for in Title V Regulation (EC) No 882/2004, to the veterinary subgroup set 
up in accordance with Article 2 of the Protocol on veterinary matters. Later updates 
of its plan shall be notified to and approved by the Commission which shall inform 
Member  States  within  the  Standing  Committee  on  the  Food  Chain  and  Animal 
Health. 

As  regard  non  commercial  movements  of  pets,  and  for  implementing  the  official 
control  isolation  measure  foreseen  under  point  (b)  of  the  third  subparagraph  in 
Article  14  of  Regulation  (EC)  No  998/2003  Andorra  shall  conclude  an  agreement 
with France and Spain. For implementing the measure under Article 15 of that same 
Regulation,  Andorra  shall  use  laboratories  designated  by  Commission  Decision 
No 2004/233/EC of 4 March 2004 authorising laboratories to check the effectiveness 
of  vaccination  against  rabies  in  certain  domestic  carnivores14.  Andorra  shall  be 
deleted  from  Section  2  and  introduced  in  Section  1  in  Annex  Part  B  of  that 
Regulation. 

This Decision shall take effect on the first day of the month following that of its adoption. 

Article 2 

14 

OJ  L  71,  10.3.2004,  p.  30.  Decision  last  amended  by  Commission  Decision  2004/693/EC. 
OJ L 315, 14.10.2004, p. 47. 

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ANNEX 

References  to  these  basic  texts  are  to  be  understood  as  including  references  to  all 
amendments and implementing rules 

Regulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  of 
28 January 2002  laying  down  the  general  principles  and  requirements  of  food  law, 
establishing  the  European  Food  Safety  Authority  and  laying  down  procedures  in  matters  of 
food safety15. 

Regulation  (EC)  No  852/2004  of  the  European  Parliament  and  of  the  Council  of 
29 April 2004 on the hygiene of foodstuffs16. 

Regulation  (EC)  No  853/2004  of  the  European  Parliament  and  of  the  Council  of 
29 April 2004 laying down specific hygiene rules for food of animal origin17. 

Regulation  (EC)  No  854/2004  of  the  European  Parliament  and  of  the  Council  of 
29 April 2004 laying down specific rules for the organisation of official controls on products 
of animal origin intended for human consumption18. 

Regulation  (EC)  No  882/2004  of  the  European  Parliament  and  of  the  Council  of 
29 April 2004  on  official  controls  performed  to  ensure  the  verification  of  compliance  with 
feed and food law, animal health and animal welfare rules19. 

Directive 2004/41/EC the European Parliament and of the Council of 21 April 2004 repealing 
certain  directives  concerning  food  hygiene  and  health  conditions  for  the  production  and 
placing on the market of certain products of animal origin intended for human consumption 
and  amending  Council  Directives  89/662/EEC  and  92/118/EEC  and  Council  Decision 
95/408/EC20. 

Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 
on  the  animal  health  requirements  applicable  to  the  non-commercial  movements  of  pet 
animals and amending Council Directive 92/65/EEC21. 

Council  Regulation  (EC)  No  21/2004  of  17  December  2003  establishing  a  system  for  the 
identification  and  registration  of  ovine  and  caprine  animals  and  amending  Regulation  (EC) 
No 1782/2003 and Directives 92/102/EEC and 64/432/EEC22. 

Council  Directive  2002/99/EC  of  16  December  2002  laying  down  the  animal  health  rules 
governing  the  production,  processing,  distribution  and  introduction  of  products  of  animal 
origin for the human consumption23. 

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OJ L 31, 1.2.2002, p. 1. 
OJ L 139, 30.4.2004, p. 1. 
OJ L 139, 30.4.2004, p. 55. 
OJ L 139, 30.4.2004, p. 155. 
OJ L 165, 30.4.2004, p. 1. 
OJ L 157, 30.4.2004, p. 33. 
OJ L 146, 13.6.2003, p. 1. 
OJ L 5, 9.1.2004, p. 8. 
OJ L 18, 23.1.2003, p. 11. 

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