2006/311/EC: Commission Decision of  21 April 2006  amending Commission Decision 2004/407/EC as regards imports of photographic gelatine  (notified under document number C(2006) 1627)
Date: 2006-04-21
Institutions: European Commission
Subjects: agricultural by-product, derogation from EU law, health certificate, health control, health legislation, import, material of animal origin, photographic industry

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Official Journal of the European Union

28.4.2006

COMMISSION DECISION

of 21 April 2006

amending Commission Decision 2004/407/EC as regards imports of photographic gelatine

(notified under document number C(2006) 1627)

(Only the Dutch, English, French and German texts are authentic)

(2006/311/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 1774/2002 of
European Parliament and of the Council of 3 October 2002
laying down health rules concerning animal by-products not
intended for human consumption (1), and in particular Articles
4(4) and 32(1) thereof,

(5)

(6)

to facilitate the transfer

In order
from Belgium to
Luxembourg of the imported photographic gelatine, the
conditions in Annexes I and III to Decision 2004/407/EC
should be amended slightly.

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

in this Decision are in
Standing
the

opinion

the

of

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1774/2002 prohibits the importation
and transit of animal by-products and processed products
into the Community, except
in accordance with that
Regulation.

Commission Decision 2004/407/EC of 26 April 2004
on transitional sanitary and certification rules under
the European
Regulation (EC) No 1774/2002 of
Parliament and of the Council as regards import from
certain third countries of photographic gelatine (2)
provides, by way of derogation from that prohibition
in Regulation (EC) No 1774/2002, that France, the Neth-
erlands and the United Kingdom are to authorise the
import of certain gelatine exclusively intended for the
photographic industry (photographic gelatine).

Decision 2004/407/EC provides
that photographic
gelatine is only allowed from the third countries listed
in that Decision, namely Japan and the United States of
America.

of

the

purposes

Luxembourg has confirmed the need to source photo-
graphic gelatine from the United States of America for
in
the
Luxembourg
Luxembourg. Accordingly
be
allowed to authorise
import of photographic
the
gelatine subject to compliance with the conditions set
out in Decision 2004/407/EC. However, those imports
may take place in Belgium.

industry
should

photographic

HAS ADOPTED THIS DECISION:

Article 1

Decision 2004/407/EC is amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

Derogation regarding the
gelatine

import of photographic

By way of derogation from Article 29(1) of Regulation (EC)
the Neth-
No 1774/2002, Belgium, France, Luxembourg,
erlands and the United Kingdom shall authorise the import
of gelatine produced from materials containing bovine
vertebral column classified as Category 1 material under
that Regulation, exclusively intended for the photographic
in compliance with this
industry (photographic gelatine),
Decision.’

2. Article 9 is replaced by the following:

‘Article 9

Addresses

This Decision is addressed to the Kingdom of Belgium, the
French Republic,
the
Kingdom of the Netherlands and the United Kingdom of
Great Britain and Northern Ireland.’

the Grand Duchy of Luxembourg,

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
Commission Regulation (EC) No 208/2006 (OJ L 36, 8.2.2006,
p. 25).

(2) OJ L 208, 10.6.2004, p. 9.

3. Annexes I and III are amended in accordance with the Annex

to this Decision.

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This Decision shall apply on the third day following that of its publication in the Official Journal of the
European Union.

Article 2

This Decision is addressed to the Kingdom of Belgium,
the Grand Duchy of
Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern
Ireland.

the French Republic,

Article 3

Done at Brussels, 21 April 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Official Journal of the European Union

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1. Annex I is replaced by the following:

ANNEX

‘ANNEX I

Third countries and plants of origin, Member States of destination, border inspection posts of first entry and
approved photographic factories

Third
Country of
origin

Japan

Japan

USA

Plants of origin

Member State of
destination

Border
Inspection Post
of first entry

Approved Photographic Factories

— Nitta Gelatin Inc.
2-22 Futamata
Yao-City, Osaka
581 — 0024 Japan

— Jellie Co. Ltd.

7-1, Wakabayashi 2-Chome,
Wakabayashi-ku,
Sendai-city, Miyagi,
982 Japan

— NIPPI Inc. Gelatin Division

1 Yumizawa-Cho,
Fujinomiya City
Shizuoka
418 — 0073 Japan

Nitta Gelatin Inc
2-22 Futamata
Yao-City Osaka
581 — 0024, Japan

— Eastman Gelatine Corporation,
227 Washington Street,
Peabody, MA,
01960 USA

— Gelita North America,

2445 Port Neal Industrial Road
Sergeant Bluff, Iowa,
51054 USA

The Netherlands Rotterdam

Fuji Photo Film BV, Tilburg

France

Le Havre

The United
Kingdom

Liverpool
Felixstowe

Kodak
Zone Industrielle Nord,
71100 Châlon sur Saône

Kodak Ltd
Headstone Drive,
Harrow,
MIDDX HA4 4TY

Luxembourg

Antwerp
Zaventem
Luxembourg

DuPont Teijin Luxembourg SA
PO Box 1681
L-1016 Luxembourg

France

Le Havre

The United
Kingdom

Liverpool
Felixstowe

Kodak
Zone Industrielle Nord,
71100 Châlon sur Saône

Kodak Ltd
Headstone Drive,
Harrow,
MIDDX HA4 4TY’

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2. Annex III is replaced by:

‘ANNEX III

Model health certificates for the importation from third countries of technical gelatine to be used by the
photographic industry

Notes

(a) Veterinary certificates for the importation of technical
gelatine to be used by the photographic industry shall
be produced by the exporting country, based on the
model appearing in this Annex III. They shall contain
the attestations that are required for any third country
and, as the case may be, those supplementary guar-
antees
the exporting third
country or part thereof.

that are required for

(b) The original of each certificate shall consist of a single
page, both sides, or, where more text is required, it
shall be in such a form that all pages needed are part
of an integrated whole and indivisible.

(c) It shall be drawn up in at least one of the official
languages of
the EU Member State in which the
inspection at the EU border inspection post shall be
carried out and of the EU Member State of desti-
these Member States may allow
nation. However,
other
if necessary, accompanied by an
languages,
official translation.

(e) When the certificate,

including additional schedules
referred to in (d), comprises more than one page,
each page shall be numbered — (page number) of
(total number of pages) — on its bottom and shall
bear the code number of
the certificate that has
been designated by the competent authority on its
top.

(f) The original of the certificate must be completed and
signed by an official veterinarian.
In doing so, the
competent authorities of the exporting country shall
ensure that the principles of certification equivalent to
those laid down in Council Directive 96/93/EC are
followed.

(g) The colour of the signature shall be different to that
of the printing. The same rule applies to stamps other
than those embossed or watermark.

(h) The original of the certificate must accompany the
consignment at the EU border inspection post until
it reaches the photographic factory of destination.

(d) If for reasons of identification of the items of the
consignment, additional pages are attached to the
certificate,
these pages shall also be considered as
forming part of the original of the certificate by the
application of
the
in each of the pages.
certifying official veterinarian,

signature and stamp of

the

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