2008/338/EC: Commission Decision of 24 April 2008 amending Annex I to Decision 2004/438/EC as regards raw milk and raw milk based products from Australia, milk and milk-based products from Serbia and updating the entry in that Annex for Switzerland (notified under document number C(2008) 1587) (Text with EEA relevance)
Date: 2008-04-24
Institutions: European Commission
Subjects: Australia, Serbia, Switzerland, health certificate, health control, health legislation, human nutrition, import (EU), milk product, raw milk

29.4.2008

EN

Official Journal of the European Union

L 115/35

COMMISSION DECISION

of 24 April 2008

amending Annex I to Decision 2004/438/EC as regards raw milk and raw milk based products from
Australia, milk and milk-based products from Serbia and updating the entry in that Annex for
Switzerland

(notified under document number C(2008) 1587)

(Text with EEA relevance)

(2008/338/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
of
16 December 2002 laying down the animal health rules
governing the production, processing, distribution and intro-
human
duction
consumption (1), and in particular Article 8(1) and (4) thereof,

2002/99/EC

products

animal

origin

for

of

of

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 11(1) thereof,

for

Whereas:

(1)

(2)

in

conditions

introduction

Commission Decision 2004/438/EC of 29 April 2004
laying down animal and public health and veterinary
certification
the
for
Community of heat-treated milk, milk-based products
and raw milk intended for human consumption (3)
third countries
contains a list
from which imports into the Community of raw milk
and raw-milk based products are allowed, subject
to
certain conditions.
In addition, consignments of milk
and milk-based products which comply with the animal
health requirements set out in that Decision may transit
through the Community to other third countries.

in Annex I

thereto of

are

allowed.

Australia is included in the list of third countries from
which imports into the Community of milk and milk
products
Imports of milk and milk
products from Australia are limited to products that
have undergone a pasteurisation or sterilisation process.
Australia has requested to be authorised to export also
raw milk and raw-milk based products
for human
consumption.

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 139, 30.4.2004, p. 206, corrected version in OJ L 226,
25.6.2004, p. 83. Regulation as last amended by Council Regulation
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(3) OJ L 154, 30.4.2004, p. 72, corrected version in OJ L 189,
27.5.2004, p. 57. Decision as last amended by Regulation (EC)
No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

(4)

(5)

(6)

(7)

(8)

(9)

The treatments provided for in Decision 2004/438/EC
are applied to milk and milk products in order to
protect the animal health status of the Community. In
the light of the animal health situation in Australia, and
in particular its foot-and-mouth disease free status from
1872 when the last outbreak was detected,
imports of
third country should be
from that
those products
authorised as they do not represent an animal health risk.

The entry for Australia for raw milk and raw-milk based
products in column A of the list in Annex I to Decision
2004/438/EC should therefore be amended accordingly.

Serbia has requested to be included in the list of third
countries from which imports into the Community of
heat-treated milk and milk-based products for human
is
consumption are authorised,
allowed of such products through the territory of the
Community, with the final destinations in other third
countries.

the transit

so that

in Serbia, most

General Commission animal health audits have been
carried out
recently in June 2007,
which demonstrate that the competent authorities can
give appropriate guarantees
the animal health
situation in that country can be considered satisfactory.

that

Accordingly heat-treated milk and milk-based products
from that third country should be authorised concerning
animal health aspects.

A further mission to fully assess the public health aspects
will have to be carried out before the establishments can
be listed for imports into the Community, however in
the mean time transit of
should be
authorised.

such products

The entries for Serbia for heat-treated milk and milk-
for human consumption should be
based products
therefore added in columns B and C of
in
Annex I.

the list

L 115/36

EN

Official Journal of the European Union

29.4.2008

(10)

In addition, it is appropriate to update a footnote in that
Annex for Switzerland in order to refer to the Agreement
between the European Community and the Swiss
Confederation on trade in agricultural products.

Article 2

This Decision shall apply from 1 May 2008.

(11) Annex I to Decision 2004/438/EC should therefore be

amended accordingly.

Article 3

This Decision is addressed to the Member States.

(12)

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

in this Decision are in
Standing
the

opinion

the

of

Done at Brussels, 24 April 2008.

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2004/438/EC is replaced by the text in the
Annex to this Decision.

For the Commission

Androulla VASSILIOU
Member of the Commission

29.4.2008

EN

Official Journal of the European Union

L 115/37

ANNEX

‘ANNEX I

“+”: country is authorised
“0”: country is not authorised

ISO code of
third country

Third country

Column A

Column B

Column C

AD

AL

AN

AR

AU

BR

BW

BY

BZ

BA

CA

CH

CL

CN

CO

CR

CU

DZ

ET

GL

GT

HK

HN

HR

IL

IN

IS

KE

MA

MG

Andorra

Albania

Netherlands Antilles

Argentina

Australia

Brazil

Botswana

Belarus

Belize

Bosnia-Herzegovina

Canada

Switzerland (*)

Chile

China

Columbia

Costa Rica

Cuba

Algeria

Ethiopia

Greenland

Guatemala

Hong Kong

Honduras

Croatia

Israel

India

Iceland

Kenya

Morocco

Madagascar

MK (**)

former Yugoslav Republic of Macedonia

MR

MU

MX

NA

Mauritania

Mauritius

Mexico

Namibia

+

0

0

0

+

0

0

0

0

0

+

+

0

0

0

0

0

0

0

0

0

0

0

0

0

0

+

0

0

0

0

0

0

0

0

+

0

0

0

+

0

0

0

0

0

+

+

+

0

0

0

0

0

0

+

0

0

0

+

0

0

+

0

0

0

+

0

0

0

0

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

L 115/38

EN

Official Journal of the European Union

29.4.2008

ISO code of
third country

Third country

Column A

Column B

Column C

NI

NZ

PA

PY

RS

RU

SG

SV

SZ

TH

TN

TR

UA

US

UY

ZA

Nicaragua

New Zealand

Panama

Paraguay

Serbia (***)

Russia

Singapore

El Salvador

Swaziland

Thailand

Tunisia

Turkey

Ukraine

United States

Uruguay

South Africa

ZW

Zimbabwe

0

+

0

0

0

0

0

0

0

0

0

0

0

+

0

0

0

0

+

0

0

+

0

0

0

0

0

0

0

0

+

0

0

0

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

+

(*) Certificates in accordance with the Agreement between the European Community and the Swiss Confederation (as last amended) on

trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

(**) Provisional code which does not prejudge in any way the definitive nomenclature for this Country, which is to be agreed following

the conclusion of negotiations currently taking place on this subject in the United Nations.

(***) Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.’