2005/755/EC: Commission Decision of 25 October 2005 amending Decisions 2005/92/EC and 2005/93/EC concerning export to third countries of certain products (notified under document number C(2005) 4134)   (Text with EEA relevance)
Date: 2005-10-25
Institutions: European Commission
Subjects: animal product, customs warehouse, health certificate, import, third country, transit, veterinary inspection, veterinary legislation

L 284/8

EN

Official Journal of the European Union

27.10.2005

COMMISSION DECISION

of 25 October 2005

amending Decisions 2005/92/EC and 2005/93/EC concerning export to third countries of certain
products

(notified under document number C(2005) 4134)

(Text with EEA relevance)

(2005/755/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular Articles 12(12), and 13(6)
thereof,

Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the
animal health rules
governing the production, processing, distribution and intro-
duction
human
of
consumption (2), and in particular Article 13(3) thereof,

products

animal

origin

for

of

Whereas:

(1)

(2)

down

requirements

97/78/EC lays

Directive
for
veterinary checks on consignments of certain products
of animal origin coming from a third country and
for the storage in customs ware-
provides,
free warehouses or premises of
houses,
operators
sea
transport
for products which do not comply with
Community animal health import conditions.

inter alia,
free zones,
supplying

cross-border means

of

Council Directive 2002/99/EC provides that Member
States are to take measures to ensure that
from 1
intended for
January 2005 products of animal origin,
human
from third
introduced
are
countries only if they comply with the rules laid down
in that Directive.

consumption,

(3)

Commission Decision 2005/92/EC of 2 February 2005
as regards animal health conditions, certification and
transitional provisions concerning the introduction and

(1) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1). Corrected version: OJ L 191,
28.5.2004, p. 1.

(2) OJ L 18, 23.1.2003, p. 11.

storage period for consignments of certain products of
animal origin in free zones,
free warehouses and
premises of operators supplying cross border means of
in the Community (3) and Commission
sea transport
Decision 2005/93/EC of 2 February 2005 as regards
transitional provisions concerning the introduction and
the storage period for consignments of certain products
in the
of
Community (4) provide for the continued storage during
a transitional period until 1 January 2006 of products
not complying with Community animal health rules, that
were introduced into the Community before 1 January
2005, until the products are sent to their final desti-
nation in a third country.

animal origin in customs warehouses

There is a real risk that products not complying with
Community animal health conditions now stored in the
Community may pose a significant animal health threat
to both the Community and to neighbouring third
countries, and, could be sent to third countries without
the consent of the competent veterinary authority of the
third country of destination or transit.

neighbouring

Decisions 2005/92/EC and 2005/93/EC provide that
from 1 January 2006 any consignments of products
covered by those Decisions remaining in storage, are to
be destroyed. In order to safeguard both the Community
and
such
destruction, tighter controls should be put in place to
fully complying with
ensure that consignments, not
Community
animal health rules, despatched from
storage in the Community have the express consent of
the third country of destination and of any third country
of transit.

countries

pending

third

Decisions 2005/92/EC and 2005/93/EC should therefore
be amended to only permit the movements of products
covered by those Decisions to a third country of desti-
nation or transit through a third country, or to vessels
acting as cross border sea transport, with the express
the competent authority of
written authorisation of
those countries, or of a responsible officer on board
the vessel.

(4)

(5)

(6)

(3) OJ L 31, 4.2.2005, p. 62.
(4) OJ L 31, 4.2.2005, p. 64.

27.10.2005

EN

Official Journal of the European Union

L 284/9

(7)

(8)

It is appropriate to provide that the person responsible
for the movements of the products concerned obtains
and presents the necessary written authorisations to the
competent authority of the Member State in which the
products are stored, before the competent authority
permits the exit of the products to the final destination
or for transit to such destination.

The measures provided for
accordance with
Committee for the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Decision 2005/92/EC is amended as follows:

1. the following Article 2a is inserted:

‘Article 2a

shall ensure

Member States
that any consignment of
products referred to in Article 1, not accompanied by the
appropriate animal health certificate, and currently stored in
free warehouse or premises of an operator
a free zone,
supplying cross-border means of
in a
Member State, are not released from storage for movement
to a border inspection post of exit for further transport to a
destination, unless the person responsible for any such
consignment submits written authorisation confirming that
the introduction of such products will be accepted through
or onto its territory or onto the vessel from:

transport

sea

‘All costs of such destruction shall be chargeable to the
person responsible for the consignment.’

Article 2

Decision 2005/93/EC is amended as follows:

1. the following Article 1a is inserted:

‘Article 1a

shall

Member States
ensure that any consignment of
products referred to in Article 1, not accompanied by the
appropriate animal health certificate, and currently stored in
a customs warehouse in a Member State, are not released
from storage for movement to a border inspection post of
exit for further transport to a destination, unless the person
responsible for any such consignment
submits written
authorisation from the competent authority of the country
of destination and of any third country of transit, confirming
that
the introduction of such products will be accepted
through or onto its territory.’;

2.

in Article 2,
following:

the second paragraph is replaced by the

‘All costs of such destruction shall be chargeable to the
person responsible for the consignment.’

Article 3

This Decision is addressed to the Member States.

(i)

the competent authority of the third country of desti-
nation and of any third country of transit; or

Done at Brussels, 25 October 2005.

(ii) the responsible officer on the vessel being supplied.’;

2.

in Article 3,
following:

the second paragraph is replaced by the

For the Commission

Markos KYPRIANOU
Member of the Commission