Commission Regulation (EC) No 479/2007 of 27 April 2007 amending Regulation (EC) No 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (Text with EEA relevance )
Date: 2007-04-27
Institutions: European Commission
Subjects: animal product, food inspection, foodstuff, foodstuffs legislation, health legislation

L 111/46

EN

Official Journal of the European Union

28.4.2007

COMMISSION REGULATION (EC) No 479/2007

of 27 April 2007

amending Regulation (EC) No 2076/2005 laying down transitional arrangements
the
implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of
the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and
(EC) No 854/2004

for

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 origin (1), and in
particular Article 9 thereof,

Having regard to Regulation (EC) No 854/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific rules
the organisation of official controls on
products of animal origin intended for human consumption (2),
and in particular Article 16 thereof,

for

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2076/2005 (3)
lays
down transitional arrangements for the implementation
of Regulations (EC) No 853/2004,
(EC) No 854/2004
and (EC) No 882/2004 of the European Parliament and
of the Council.

6

Article
(EC) No
of Commission Regulation
2074/2005 (4) provides for model health certificates for
imports of certain products of animal origin for the
purpose of Regulation (EC) No 853/2004. Those
products are set in Annex VI to Regulation (EC) No
legs and snails, gelatine,
2074/2005 and cover frogs'
live bivalve molluscs and
fishery products,
collagen,
honey and other apiculture products.

Article 7(4) of Regulation (EC) No 2076/2005 provides
for a derogation from Annex VI to Regulation (EC) No
2074/2005 for the products referred to in that Annex
for which the relevant
import certificates have been
issued in accordance with the harmonised Community
rules in force before 1 January 2006, where applicable,

(1) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(4)

(5)

(6)

(2) OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004,
amended by Regulation (EC) No

last

p. 83. Regulation as
1791/2006.

and with the national rules implemented by the Member
States before that date in other cases, which may be
imported into the Community until 1 May 2007.

entry

difficulties

at points of

In order to avoid any disruption of trade and any admin-
istrative
into the
Community due to the late adaptation of third country
certification system to the new certification regime
introduced by Regulation (EC) No 2074/2005, the use
the previous certification
of certificates issued under
regime and signed before 1 May 2007,
should be
allowed after 1 May 2007 until 30 June 2007 for
imports into the Community of the products referred
to in Annex VI to that Regulation.

7(3)

Regulation

Fish oil is included in the definition of fishery products.
Specific requirements for production and placing on the
market of fish oil for human consumption have been laid
down in Annex III to Regulation (EC) No 853/2004.
(EC) No
of
However, Article
2076/2005 provides for a derogation from that Annex
for establishments in third countries producing fish oil
intended for human consumption until 31 October
should be foreseen
2007. Transitional arrangements
accordingly to authorise import of such products into
the Community accompanied by certificates
issued
according to national rules applicable before the entry
into
(EC) No
of Commission Regulation
1664/2006, until 31 December 2007.

force

Article 17 of Regulation (EC) No 2076/2005 allows
certain third countries which have not yet undergone a
Community control to export live bivalve molluscs and
fishery products
into the Community under certain
conditions. These products must be accompanied by
the model health certificates laid down in Commission
and 96/333/EC (6), which
Decisions 95/328/EC (5)
contain attestation regarding public health aspects only.
For animal health purposes, these model health certi-
ficates must be
certificates
supplemented by
introduced by Regulation (EC) No 2074/2005 which
It
cover both public and animal health aspects.
is
therefore necessary
certainty
reasons and to reduce the administrative burden to
refer only to the certificates introduced by Regulation
(EC) No 2074/2005.

and legal

clarity

the

for

(3) OJ L 338, 22.12.2005, p. 83. Regulation as amended by Regulation

(5) OJ L 191, 12.8.1995, p. 32. Decision as last amended by Decision

(EC) No 1666/2006 (OJ L 320, 18.11.2006, p. 47).

2004/109/EC (OJ L 32, 5.2.2004, p. 17).

(4) OJ L 338, 22.12.2005, p. 27. Regulation as amended by Regulation

(6) OJ L 127, 25.5.1996, p. 33. Decision as last amended by Decision

(EC) No 1664/2006 (OJ L 320, 18.11.2006, p. 13).

2004/119/EC (OJ L 36, 7.2.2004, p. 56).

28.4.2007

EN

Official Journal of the European Union

L 111/47

(7)

Regulation (EC) No 2076/2005 should be amended
accordingly,

October 2007, may be imported into the Community
until 31 December 2007.’

HAS ADOPTED THIS REGULATION:

2. In Article 17(2), point (b) is replaced by the following:

Article 1

Regulation (EC) No 2076/2005 is amended as follows:

1. In Article 7, paragraph 4 is replaced by the following:

By way of derogation from Annex VI to Regulation

‘4.
(EC) No 2074/2005:

(a) products referred to in that Annex for which a certificate
has been issued in accordance with the harmonised
Community rules
in force before 1 January 2006,
where applicable, and with the national rules imple-
mented by the Member States before that date in other
cases, duly completed and signed prior to 1 May 2007,
may be imported into the Community until 30 June
2007;

(b) fish oil

for which a certificate has been issued in
accordance with national
rules applicable before the
entry into force of Commission Regulation (EC) No
2074/2005, duly completed and signed prior to 31

‘(b) The competent authority of the importing Member State
shall ensure that these imported products are marketed
only on its domestic market or on the domestic markets
allowing the same imports and’

3. In Article 17(2), the following point (c) is added:

‘(c) The competent authority of the third country or territory
takes appropriate measures in order to ensure that these
imported products are accompanied as from 31 October
2007 by the model health certificates laid down in
Annex VI to Regulation (EC) No 2074/2005.

However, these products for which a certificate has been
issued, duly completed and signed in accordance with
national rules applicable before 31 October 2007 may
be imported into the Community until 31 December
2007.’

Article 2

This Regulation shall enter into force on 1 May 2007.

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

Done at Brussels, 27 April 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission