Decision of the EEA Joint Committee No 92/2005 of  8 July 2005  amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2005-07-08
Institutions: EEA Joint Committee
Subjects: Denmark, Norway, Sweden, derogation from EU law, domestic animal, health certificate, health control, transport of animals

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DECISION OF THE EEA JOINT COMMITTEE

No 92/2005

of 8 July 2005

amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Article 98 thereof,

Whereas:

(1) Annex I to the Agreement was amended by Decision of the EEA Joint Committee No 51/2005 of

29 April 2005 (1).

(2) 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 movement of pet animals and
amending Council Directive 92/65/EEC (2) is to be incorporated into the Agreement.

(3) Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the
intra-Community movements of dogs, cats and ferrets (3) is to be incorporated into the Agreement.

(4) Commission Regulation (EC) No 592/2004 of 30 March 2004 amending Regulation (EC) No 998/
2003 of the European Parliament and of the Council as regards the lists of countries and
territories (4) is to be incorporated into the Agreement.

(5) Commission Decision 2004/301/EC of 30 March 2004 derogating from Decisions 2003/803/EC
and 2004/203/EC as regards the format for certificates and passports for the non-commercial
movement of dogs, cats and ferrets and amending Decision 2004/203/EC (5) is to be incorporated
into the Agreement.

(6) Commission Decision 2004/539/EC of 1 July 2004 establishing a transitional measure for the
implementation of Regulation (EC) No 998/2003 on the animal health requirements applicable to
the non-commercial movement of pet animals (6) is to be incorporated into the Agreement.

(7) Commission Decision 2004/557/EC of 2 July 2004 laying down a derogation to the transitional
regime established by Article 6 of Regulation (EC) No 998/2003 for the transit of pet animals
through the territory of Sweden between the Island of Bornholm and the other parts of the territory
of Denmark (7) is to be incorporated into the Agreement.

(1) OJ L 239, 15.9.2005, p. 22.
(2) OJ L 146, 13.6.2003, p. 1.
(3) OJ L 312, 27.11.2003, p. 1.
(4) OJ L 94, 31.3.2004, p. 7.
(5) OJ L 98, 2.4.2004, p. 55.
(6) OJ L 237, 8.7.2004, p. 21.
(7) OJ L 249, 23.7.2004, p. 18.

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(8) Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the
importation into the Community for trade of dogs, cats and ferrets (8) is to be incorporated into the
Agreement.

(9) Council Decision 2004/650/EC of 13 September 2004 amending Regulation (EC) No 998/2003 of
the European Parliament and of the Council on the animal health requirements applicable to the
non-commercial movement of pet animals to take account of the accession of Malta (9) is to be
incorporated into the Agreement.

(10) Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for
non-commercial movements of dogs, cats and ferrets from third countries into the Community (10)
is to be incorporated into the Agreement.

(11) Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-
commercial movements of young dogs and cats from third countries into the Community (11) is to
be incorporated into the Agreement.

(12) Commission Decision 2005/91/EC of 2 February 2005 establishing the period after which the anti-

rabies vaccination is considered as valid (12) is to be incorporated into the Agreement.

(13) Simplified procedures should be introduced for certain acts concerning non-commercial movement

of pet animals.

(14) Decision 2004/595/EC repeals Commission Decision 94/273/EEC (13) which is incorporated into the

Agreement and is consequently to be repealed under the Agreement.

(15) This Decision is not to apply to Iceland and Liechtenstein,

HAS DECIDED AS FOLLOWS:

Article 1

Chapter I of Annex I to the Agreement shall be amended as specified in the Annex to this Decision.

Article 2

The texts of Regulations (EC) No 998/2003 and (EC) No 592/2004, Decisions 2003/803/EC,
2004/301/EC, 2004/539/EC, 2004/557/EC, 2004/595/EC, 2004/650/EC, 2004/824/EC, 2004/839/EC
and 2005/91/EC in the Norwegian language, to be published in the EEA Supplement to the Official Journal
of the European Union, shall be authentic.

(8) OJ L 266, 13.8.2004, p. 11.
(9) OJ L 298, 23.9.2004, p. 22.
(10) OJ L 358, 3.12.2004, p. 12.
(11) OJ L 361, 8.12.2004, p. 40.
(12) OJ L 31, 4.2.2005, p. 61.
(13) OJ L 117, 7.5.1994, p. 37.

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Article 3

This Decision shall enter into force on 9 July 2005, provided that all the notifications under Article 103(1)
of the Agreement have been made to the EEA Joint Committee (*).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Done at Brussels, 8 July 2005.

For the EEA Joint Committee

The President

HSH Prinz Nikolausvon LIECHTENSTEIN

(*) No constitutional requirements indicated.

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ANNEX

Chapter I of Annex I to the Agreement shall be amended as specified below.

1.

The following shall be inserted after point 9 (Council Directive 96/93/EC) in Part 1.1:

‘Movement of pet animals

10. 32003 R 0998: 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 movement of pet animals and
amending Council Directive 92/65/EEC (OJ L 146, 13.6.2003, p. 1), as amended by:

— 32004 R 0592: Commission Regulation (EC) No 592/2004 of 30 March 2004 (OJ L 94, 31.3.2004,

p. 7),

— 32004 D 0539: Commission Decision 2004/539/EC of 1 July 2004 (OJ L 237, 8.7.2004, p. 21),

— 32004 D 0650: Council Decision 2004/650/EC of 13 September 2004 (OJ L 298, 23.9.2004,

p. 22).

The provisions of this Regulation shall, for the purposes of the present Agreement, be read with the
following adaptations:

(a)

In Article 6 (1), first paragraph, the word, “Norway” shall be added after the word “Sweden”.

(b)

In Annex II, Part A, the word “Norway” shall be added.

(c)

In Annex II, Part B, the word “Norway” shall be deleted.’

2.

The following point shall be inserted after point 12 in the Introductory Part:

‘13. Non-commercial movement of pet animals - List of countries/territories and safeguard measures

(a)

The EFTA States shall simultaneously with the Member States take measures corresponding to those
taken by the latter on the basis of the relevant Community acts as regards the list of countries and
territories and safeguard measures.

(b)

In the case of any difficulty relating to the application of a Community act, the EFTA State concerned
shall immediately report the matters to the EEA Joint Committee.

(c)

The EEA Joint Committee may take note of the Community decisions.

(d)

The obligation laid down in (a) shall apply to all relevant acts in force at any given moment,
whatever their date of adoption.’

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3.

The following points shall be inserted after point 121 (Commission Decision 2004/775/EC) in Part 1.2:

‘121. 32003 D 0803: Commission Decision 2003/803/EC of 26 November 2003 establishing a model
passport for the intra-Community movements of dogs, cats and ferrets (OJ L 312, 27.11.2003, p. 1).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the
following adaptations:

(a)

(b)

The words “European Union” on the cover of the model passport shall be replaced by the words
“European Union/Norway”.

The image of the Norwegian flag may be used on the cover of the passport in addition to the EU
flag.

122. 32004 D 0301: Commission Decision 2004/301/EC of 30 March 2004 derogating from Decisions
2003/803/EC and 2004/203/EC as regards the format for certificates and passports for the non-
commercial movement of dogs, cats and ferrets and amending Decision 2004/203/EC (OJ L 98, 2.4.2004,
p. 55).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the
following adaptation:

In Article 1 the word, “Norway” shall be added after the word “Ireland”.

123. 32004 D 0595: Commission Decision 2004/595/EC of 29 July 2004 establishing a model health
certificate for the importation into the Community for trade of dogs, cats and ferrets (OJ L 266,
13.8.2004, p. 11).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the
following adaptation:

In Article 1 and in the Notes for guidance to the certificate in the Annex to the Decision the word,
“Norway” shall be added after the word “Ireland”.

124. 32004 D 0824: Commission Decision 2004/824/EC of 1 December 2004 establishing a model health
certificate for non-commercial movements of dogs, cats and ferrets from third countries into the
Community (OJ L 358, 3.12.2004, p. 12).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the
following adaptation:

In Article 2 and in the Annex to the Decision the word, “Norway” shall be added after the word “Sweden”.

125. 32004 D 0839: Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for
non-commercial movements of young dogs and cats from third countries into the Community (OJ L 361,
8.12.2004, p. 40).

126. 32005 D 0091: Commission Decision 2005/91/EC of 2 February 2005 establishing the period after

which the anti-rabies vaccination is considered as valid (OJ L 31, 4.2.2005, p. 61).’

4.

Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY
SHALL TAKE DUE ACCOUNT’ in Part 1.2, the following point shall be inserted after point 17 (Commission
Decision 2004/590/EC):

‘18. 32004 D 0557: Commission Decision 2004/557/EC of 2 July 2004 laying down a derogation to the
transitional regime established by Article 6 of Regulation (EC) No 998/2003 for the transit of pet animals
through the territory of Sweden between the Island of Bornholm and the other parts of the territory of
Denmark (OJ L 249, 23.7.2004, p. 18).’

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5.

The following indent shall be added in point 9 (Council Directive 92/65/EEC) in Part 4.1:

‘— 32003 R 0998: Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May

2003 (OJ L 146, 13.6.2003, p. 1).’

6.

The adaptation text in point 9 (Council Directive 92/65/EEC) in Part 4.1 shall be amended as follows:

6.1 The following new adaptation text shall be inserted before present adaptation (a):

‘(a)

in Article 10 (3), first paragraph, the word “Norway” shall be added after the word “Sweden”.’

6.2 Present adaptations (a) and (b) shall become adaptations (b) and (c), respectively.

7.

The text in point 20 (Commission Decision 94/273/EEC) in Part 4.2 shall be deleted.