2008/48/EC: Commission Decision of 20 December 2007 amending Decision 2004/407/EC on transitional sanitary and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine (notified under document number C(2007) 6487)
Date: 2007-12-20
Institutions: European Commission
Subjects: agricultural by-product, health certificate, health control, health legislation, import, material of animal origin, photographic industry

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Official Journal of the European Union

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COMMISSION DECISION

of 20 December 2007

amending Decision 2004/407/EC on transitional sanitary and certification rules under Regulation
(EC) No 1774/2002 of the European Parliament and of the Council as regards import from certain
third countries of photographic gelatine

(notified under document number C(2007) 6487)

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

(2008/48/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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)

compatible with the integrated computerised veterinary
introduced by Commission Decision
system TRACES,
2004/292/EC (3).

Decision 2004/407/EC should therefore be amended
accordingly.

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)

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

Commission Decision 2004/407/EC (2) provides, by way
of derogation from that prohibition in Regulation (EC)
No 1774/2002, that Belgium, France, Luxembourg, the
Netherlands and the United Kingdom are to authorise the
import of gelatine produced from materials containing
bovine
column classified as Category 1
material under that Regulation, exclusively intended for
in
the photographic industry (photographic gelatine),
compliance with that Decision.

vertebral

HAS ADOPTED THIS DECISION:

Decision 2004/407/EC is amended as follows:

Article 1

1. Article 1 is replaced by the following:

‘Article 1

Derogation regarding the import of photographic gelatine

By way of derogation from Article 29(1) of Regulation (EC)
No 1774/2002, Belgium, Luxembourg, the Netherlands 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 industry (photo-
graphic gelatine), in compliance with this Decision.’;

(3)

France has informed the Commission that the Kodak
factory in Châlon-sur-Saône no longer imports photo-
graphic gelatine from Japan and the USA in accordance
with Decision 2004/407/EC.

2. Article 7 is replaced by the following:

(4)

In addition, the format of the model veterinary certificate
in Decision 2004/407/EC should be made
set out

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by
L 320,

(EC) No 1432/2007 (OJ

Commission Regulation
6.12.2007, p. 13).

‘Article 7

Compliance with this Decision by the concerned Member State

The Member States concerned shall
immediately take the
necessary measures to comply with this Decision and shall
publish those measures. They shall immediately inform the
Commission thereof.’;

(2) OJ L 151, 30.4.2004, p. 11; corrected version (OJ L 208, 10.6.2004,
p. 9). Decision as amended by Decision 2006/311/EC (OJ L 115,
28.4.2006, p. 40).

(3) OJ L 94, 31.3.2004, p. 63. Decision as last amended by Decision

2005/515/EC (OJ L 187, 19.7.2005, p. 29).

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

This Decision shall apply from 1 January 2008.

Article 2

Article 3

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,

Done at Brussels, 20 December 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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Annexes I and III are amended as follows:

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

Plants of origin

Member State of
destination

Border inspection
post of first entry

Approved photographic
factories

Japan

USA

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

Photo

Fuji
Tilburg

Film BV,

United Kingdom

Liverpool
Felixstowe

Kodak Ltd
Headstone Drive,
Harrow, MIDDX
HA4 4TY

Luxembourg

Antwerp
Zaventem
Luxembourg

DuPont Teijin
Luxembourg SA
PO Box 1681
L-1016 Luxembourg

United Kingdom

Liverpool
Felixstowe

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

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2. Annex III is replaced by the following:

‘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 gua-
rantees that are required for
the exporting third
country or part thereof.

(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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