Proposal for a Decision of the European Parliament and of the Council repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat
Date: 2009-10-07
Institutions: European Commission
Subjects: cattle, fresh meat, import (EU), import licence, swine

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.10.2009 
COM(2009) 516 final 

2009/0146 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of 
third countries, and laying down animal and public health and veterinary certification 
conditions, for importation into the Community of certain live animals and their fresh 
meat  

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EXPLANATORY MEMORANDUM 

This  Draft  Proposal  for  a  decision  of  the  European  Parliament  and  of  the  Council  repeals 
Council  Decision  79/542/EEC  of  21  December  1976  drawing  up  a  list  of  third  countries  or 
parts of third countries, and laying down animal and public health and veterinary certification 
conditions, for importation into the Community of certain live animals and their fresh meat1. 

Decision  79/542/EEC  establishes  the  veterinary  conditions  for  the  importation  into  the 
Community of certain live animals and the fresh meat of such animals and equidae, excluding 
meat preparations.  

Due  to  fundamental  changes  in  the  regulatory  framework  in  this  area,  and  for  reasons  of 
clarity and legal security, all the provisions of Decision 79/542/EEC have been laid down in 
the  Commission  Regulation  of  […]  (EC)  No  XX/2010  laying  down  lists  of  third  countries, 
territories  or  parts  thereof  authorised  for  the  introduction  into  the  Community  of  certain 
animals and fresh meat and the veterinary certification requirements2. 

From  the  moment  in  which  that  Regulation  will  enter  into  force,  Council  Decision 
79/542/EEC will be lapsed and no longer apply. 

For  the  sake  of  clarity  and  transparency  of  Community  legislation,  Decision  79/542/EEC 
should be explicitly repealed with effect from that date. 

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OJ L 146, 14.6.1979, p. 15.  
Commission  Regulation  of  […]  (EC)  No  XX/2010  laying  down  lists  of  third  countries,  territories  or 
parts thereof authorised for the introduction into the Community of certain animals and fresh meat and 
the  veterinary  certification  requirements  is  to  be  adopted  by  the  Commission  presumably  in  January 
2010 (SANCO/4787/2009). 

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2009/0146 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of 
third countries, and laying down animal and public health and veterinary certification 
conditions, for importation into the Community of certain live animals and their fresh 
meat  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 and Article 152(4)(b) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the Committee of the Regions5, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty6, 

Whereas: 

(1) 

(2) 

Council  Directive  72/462/EEC  of  12  December  1972  on  health  and  veterinary 
inspection problems upon importation of bovine, ovine and caprine animals and swine, 
fresh meat or meat products from third countries7 provided for a list to be drawn up of 
the  countries  or  parts  thereof  from  which  Member  States  are  to  authorise  the 
importation of certain live animals and fresh meat of certain animals.  

Accordingly, Council Decision 79/542/EEC of 21 December 1976 drawing up a list of 
third  countries  or  parts  of  third  countries,  and  laying  down  animal  and  public  health 
and veterinary certification conditions, for importation into the Community of certain 
live animals and their fresh meat8 was adopted. That Decision establishes the sanitary 
conditions for the importation into the Community of live animals excluding equidae, 
and  for  the  importation  of  fresh  meat  of  such  animals,  including  equidae,  but 
excluding  meat  preparations.  Annexes  I  and  II  to  that  Decision  also  set  out  lists  of 
third  countries  or  parts  thereof  from  which  certain  live  animals  and  their  fresh  meat 
may be imported into the Community as well as models of veterinary certificates.  

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 302, 31.12.1972, p. 28. 
OJ L 146, 14.6.1979, p. 15.  

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(3) 

(4) 

(5) 

(6) 

(7) 

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Since the date of adoption of that Decision, a number of new animal health and public 
health requirements have been laid down in other Community acts, including Council 
Directive  2002/99/EC  of  16  December  2002  laying  down  the  animal  health  rules 
governing  the  production,  processing,  distribution  and  introduction  of  products  of 
animal origin for human consumption9 and Council Directive 2004/68/EC of 26 April 
2004 laying down animal health rules for the importation into and transit through the 
Community  of  certain  live  ungulate  animals10,  as  well  as  Regulation  (EC)  No 
852/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the 
hygiene of foodstuffs11, 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 
origin12, Regulation (EC) No 854/2004 of the European Parliament and of the Council 
of 29 April 2004 laying down specific rules for the organisation of official controls on 
products of animal origin intended for human consumption13, and Regulation (EC) No 
882/2004 of the European Parliament and of the Council of 29 April 2004 on official 
controls  performed  to  ensure  the  verification  of  compliance  with  feed  and  food  law, 
animal health and animal welfare rules14.  

Those  Community  acts  constitute  a  new  regulatory  framework  in  this  area  and 
Directive 72/462/EEC has also been repealed by Directive 2004/68/EC.  

Article  20  of  Directive  2004/68/EC  provides  that  implementing  rules  established  in 
accordance  with  decisions  adopted  for  the  import  of  live  animals,  meat  and  meat 
products  pursuant  to  Directive  72/462/EEC,  inter  alia  Decision  79/542/EEC,  are  to 
remain  in  force  until  replaced  by  measures  adopted  under  the  new  regulatory 
framework.  

In addition, Article 4(3) of Directive 2004/41/EC of the European Parliament and of 
the Council of 21 April 2004 repealing certain Directives concerning food hygiene and 
health conditions for the production and placing on the market of certain products of 
animal origin intended for human consumption15 provides that pending the adoption of 
the  necessary  provisions  on  the  basis  of  Regulations  (EC)  No  852/2004,  (EC)  No 
853/2004,  (EC)  No  854/2004  or  Directive  2002/99/EC,  the  implementing  rules 
adopted on the basis of Directive 72/462/EEC are to continue to apply. 

Commission Regulation of […] (EC) No XX/2010 laying down lists of third countries, 
territories  or  parts  thereof  authorised  for  the  introduction  into  the  Community  of 
certain  animals  and  fresh  meat  and  the  veterinary  certification  requirements1617 
contains veterinary certification requirements and other provisions which take account 
of  the  new  regulatory  framework  and  replace  those  laid  down  in  Decision 

OJ L 18, 23.1.2003, p. 11. 
OJ L 139, 30.4.2004, p. 321. 
OJ L 139, 30.4.2004, p. 1. 
OJ L 139, 30.4.2004, p. 55. 
OJ L 139, 30.4.2004, p. 206. 
OJ L 165, 30.4.2004, p. 1. 
OJ L 157, 30.4.2004, p. 33. 
OJ L […], […], p. […]. 
Commission  Regulation  of  […]  (EC)  No  XX/2010  laying  down  lists  of  third  countries,  territories  or 
parts thereof authorised for the introduction into the Community of certain animals and fresh meat and 
the  veterinary  certification  requirements  is  to  be  adopted  by  the  Commission  presumably  in  January 
2010 (SANCO/4787/2009). 

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79/542/EEC. From the moment in which that Regulation will enter into force, Council 
Decision 79/542/EEC will therefore be lapsed and no longer apply. 

(8) 

For  the  sake  of  clarity  and  transparency  of  Community  legislation,  Decision 
79/542/EEC should be explicitly repealed with effect from that date,  

HAVE ADOPTED THIS DECISION: 

Article 1 

Decision 79/542/EEC shall be repealed with effect from … [To be completed with the date of 
publication  of  Commission  Regulation  of  […]  (EC)  No  XX/2010  laying  down  lists  of  third 
countries,  territories  or  parts  thereof  authorised  for  the  introduction  into  the  Community  of 
certain animals and fresh meat and the veterinary certification requirements18 + 20 days - ex 
art  254  EC.  It  has  to  be  ensured  that  that  Decision  is  repealed  with  effect  from  the  date  of 
entry into force of that Regulation.]  

References  to  the  repealed  Decision  shall  be  construed  as  references  to  Commission 
Regulation of […] (EC) No XX/2010 laying down lists of third countries, territories or parts 
thereof authorised for the introduction into the Community of certain animals and fresh meat 
and the veterinary certification requirements19. 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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Commission  Regulation  of  […]  (EC)  No  XX/2010  laying  down  lists  of  third  countries,  territories  or 
parts thereof authorised for the introduction into the Community of certain animals and fresh meat and 
the  veterinary  certification  requirements  is  to  be  adopted  by  the  Commission  presumably  in  January 
2010 (SANCO/4787/2009). 
Commission  Regulation  of  […]  (EC)  No  XX/2010  laying  down  lists  of  third  countries,  territories  or 
parts thereof authorised for the introduction into the Community of certain animals and fresh meat and 
the  veterinary  certification  requirements  is  to  be  adopted  by  the  Commission  presumably  in  January 
2010 (SANCO/4787/2009). 

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