CELEX: 32006D0311
Language: en
Date: 2006-04-21 00:00:00
Title: 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)

28.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 115/40
            
         
      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 establishing the European Community,
   Having regard to Regulation (EC) No 1774/2002 of the 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,
   Whereas:
   
               (1)
            
            
               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.
            
         
               (2)
            
            
               Commission Decision 2004/407/EC of 26 April 2004 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 (2) provides, by way of derogation from that prohibition in Regulation (EC) No 1774/2002, that France, the Netherlands and the United Kingdom are to authorise the import of certain gelatine exclusively intended for the photographic industry (photographic gelatine).
            
         
               (3)
            
            
               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.
            
         
               (4)
            
            
               Luxembourg has confirmed the need to source photographic gelatine from the United States of America for the purposes of the photographic industry in Luxembourg. Accordingly Luxembourg should be allowed to authorise the import of photographic gelatine subject to compliance with the conditions set out in Decision 2004/407/EC. However, those imports may take place in Belgium.
            
         
               (5)
            
            
               In order to facilitate the transfer 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.
            
         
               (6)
            
            
               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
            
         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 import of photographic gelatine
               By way of derogation from Article 29(1) of Regulation (EC) No 1774/2002, Belgium, France, 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 (photographic gelatine), in compliance with this 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 Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.’
            
         
               3.
            
            
               Annexes I and III are amended in accordance with the Annex to this Decision.
            
         Article 2
   This Decision shall apply on the third day following that of its publication in the Official Journal of the European Union.
   Article 3
   This Decision is addressed to the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.
   
      Done at Brussels, 21 April 2006.
      
         
            For the Commission
         
         Markos KYPRIANOU
         
         
            Member of the Commission
         
      
   
   
      (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.
   
      ANNEX
      
                  1.
               
               
                  Annex I is replaced by the following:
                  
                     ‘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
                              
                              
                                 
                                             —
                                          
                                          
                                             
                                                         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
                                                      
                                                   
                                       
                              
                                 The Netherlands
                              
                              
                                 Rotterdam
                              
                              
                                 Fuji Photo Film BV, Tilburg
                              
                           
                                 Japan
                              
                              
                                 
                                             Nitta Gelatin Inc
                                          
                                       
                                             2-22 Futamata
                                          
                                       
                                             Yao-City Osaka
                                          
                                       
                                             581 — 0024, Japan
                                          
                                       
                              
                                 France
                              
                              
                                 Le Havre
                              
                              
                                 
                                             Kodak
                                          
                                       
                                             Zone Industrielle Nord,
                                          
                                       
                                             71100 Châlon sur Saône
                                          
                                       
                           
                                 The United Kingdom
                              
                              
                                 Liverpool
                                 Felixstowe
                              
                              
                                 
                                             Kodak Ltd
                                          
                                       
                                             Headstone Drive,
                                          
                                       
                                             Harrow,
                                          
                                       
                                             MIDDX HA4 4TY
                                          
                                       
                           
                                 USA
                              
                              
                                 
                                             —
                                          
                                          
                                             
                                                         Eastman Gelatine Corporation,
                                                      
                                                   
                                                         227 Washington Street,
                                                      
                                                   
                                                         Peabody, MA,
                                                      
                                                   
                                                         01960 USA
                                                      
                                                   
                                       
                                             —
                                          
                                          
                                             
                                                         Gelita North America,
                                                      
                                                   
                                                         2445 Port Neal Industrial Road Sergeant Bluff, Iowa,
                                                      
                                                   
                                                         51054 USA
                                                      
                                                   
                                       
                              
                                 Luxembourg
                              
                              
                                 Antwerp
                                 Zaventem
                                 Luxembourg
                              
                              
                                 
                                             DuPont Teijin Luxembourg SA
                                          
                                       
                                             PO Box 1681
                                          
                                       
                                             L-1016 Luxembourg
                                          
                                       
                           
                                 France
                              
                              
                                 Le Havre
                              
                              
                                 
                                             Kodak
                                          
                                       
                                             Zone Industrielle Nord,
                                          
                                       
                                             71100 Châlon sur Saône
                                          
                                       
                           
                                 The United Kingdom
                              
                              
                                 Liverpool
                                 Felixstowe
                              
                              
                                 
                                             Kodak Ltd
                                          
                                       
                                             Headstone Drive,
                                          
                                       
                                             Harrow,
                                          
                                       
                                             MIDDX HA4 4TY
                                          
                                       ’
                           
               
            
                  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 guarantees 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 destination. However, these Member States may allow other languages, if necessary, accompanied by an official translation.
                              
                           
                                 (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 signature and stamp of the certifying official veterinarian, in each of the pages.
                              
                           
                                 (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.