CELEX: 51996GC0414
Language: en
Date: 2007-01-31
Title: Draft Commission Decision concerning protective measures with regard to imports of animals and animal products from the Former Yugoslav Republic of Macedonia due to outbreaks of foot-and-mouth disease (Text with EEA relevance) (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(200.) XXX

                                        NOT FOR PUBLICATION

                                                                      Draft

                                                               COMMISSION DECISION

    concerning protective measures with regard to imports of animals and animal products from the Former Yugoslav Republic of Macedonia due to
                                                       outbreaks of foot-and-mouth disease

                                                            (Text with EEA relevance)

                                                                (codified version)

                                            ê 96/414/EC (adapted)

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

    concerning protective measures with regard to imports of animals and animal products from the Former Yugoslav Republic of Macedonia due to
                                                       outbreaks of foot-and-mouth disease

                                                            (Text with EEA relevance)

                                                                     (…/…/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive of Ö 18 Õ December Ö 1997 Õ laying down the principles governing the  organisation  of  veterinary  checks  on
products entering the Community from third countries[1], and in particular Article Ö 22 Õ(6) thereof,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing  the  organisation  of  veterinary  checks  on
animals entering the Community from third countries and amending  Directives  89/662/EEC,  90/425/EEC  and  90/675/EEC[2],  as  last  amended  by
Ö Directive 96/43/EC[3] Õ, and in particular Article 18(1) thereof,

Whereas:

                                            ê 

   1) Commission Decision 96/414/EC of 4 July 1996 concerning protective measures with regard to imports of animals and animal products from  the
      Former Yugoslav Republic of Macedonia due to outbreaks of foot-and-mouth disease[4] has been substantially amended[5]. In the interests  of
      clarity and rationality the said Decision should be codified.

                                            ê 96/414/EC Recital 1

   2) Outbreaks of foot-and-mouth disease have occurred in the Former Yugoslav Republic of Macedonia  (Fyrom).  On  the  basis  of  a  Commission
      inspection performed on the spot, it appeared that the authorities in Fyrom are not able to enforce the necessary controls to  prevent  the
      spread of the disease.

                                            ê 96/414/EC Recital 2

   3) The situation in Fyrom presents a serious threat to the herds of Member States in view of the trade in certain animal products.

                                            ê 96/414/EC Recital 3

   4) It is appropriate to take the necessary measures to protect the Community from the risk of introduction of this disease.

                                            ê 96/414/EC (adapted)

   5) Commission Decision 95/340/EC Ö of 27 July 1995 drawing up a provisional list of third countries from which Member States authorise imports
      of milk and milk based products and revoking Decision 94/70/EC Õ[6], as last amended by Decision Ö 2001/743/EC Õ[7], draws  up  a  list  of
      third countries from which Member States authorise imports of raw milk, heat-treated milk and milk-based products.  Fyrom  is  included  in
      this list. It is necessary to ensure that any imported milk products have undergone a treatment sufficient to destroy the virus.

   6) Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade  in  and  imports
      into the Community of products not subject to the said requirements laid down in specific Community rules referred to in  Annex  A  (I)  to
      Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC[8], as last amended  by  Ö Directive  2002/33/EC  of  the  European
      Parliament and of the Council Õ[9], lays down the conditions for the importation of  animal  casings,  hides  and  skins,  bones  and  bone
      products, horn and horn products, hooves and hoove products, game trophies and unprocessed wool and hair. These products  may  be  imported
      only if treated in such a way as to destroy the virus. However, certain other products may still be imported. This material  constitutes  a
      risk.

                                            ê 96/414/EC

   7) It is necessary therefore to prohibit the importation of certain animal products from Fyrom. However certain products can  be  imported  if
      they have undergone specific treatments.

                                            ê 96/414/EC (adapted)

   8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee Ö on  the  Food  Chain  and  Animal
      Health Õ,

HAS ADOPTED THIS DECISION:

                                            ê 96/414/EC Art.2 (adapted)

                                                                  Article Ö 1 Õ

1. Member States shall not authorise the importation of milk and milk-based products originating in Fyrom unless they have undergone a  treatment
which meets the requirements of Article 3 of Decision 95/340/EC.

2. Member States shall not authorise the importation of the following products of the  bovine,  ovine,  caprine  and  other  bi-ungulate  species
originating in the territory of Fyrom:

Ö (a) Õ     blood and blood products as described in Annex I, Chapter 7 to Directive 92/118/EECÖ ; Õ

Ö (b) Õ     raw materials for the manufacture of pharmaceutical or  technical  products  as  described  in  Annex  I,  Chapter  10  to  Directive
       92/118/EECÖ ; Õ

Ö (c) Õ     animal manure as described in Annex I, Chapter 14 to Directive 92/118/EEC.

3. The prohibition referred to in paragraph 2Ö (a) Õ shall not apply to blood products which have undergone the treatment provided for  in  Annex
I, Chapter 7 Ö I A Õ to Directive 92/118/EEC.

4. Member States shall ensure that the certificates accompanying animal products treated in accordance with paragraphs 1 or 3 and  authorised  to
be sent from Fyrom shall bear the following words:

           «Animal products conforming to Commission Decision Ö [200./…/EC] Õ concerning protective measures with regard to imports  of  animals
           and animal products from the Former Yugoslav Republic of Macedonia, due to outbreaks of foot-and mouth disease».

                                            ê 96/414/EC Art.3 (adapted)

                                                                  Article Ö 2 Õ

Member States shall amend the measures they apply to trade so as to bring them into compliance with this Decision. They shall immediately  inform
the Commission thereof.

                                            ê 

                                                                    Article 3

Decision 96/414/EC is hereby repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation  table
set out in Annex II.

                                            ê 96/414/EC

                                                                    Article 4

This Decision is addressed to the Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            é

                                                                     ANNEX I

                                                       Repealed Decision with its amendment

|Commission Decision 96/414/EC                                                        |                                                   |
|(OJ L 167, 6.7.1996, p. 58)                                                          |                                                   |
|Commission Decision 98/373/EC                                              |Article 2 only                                     |
|(OJ L 170, 16.6.1998, p. 62)                                               |                                                   |

                                                                  _____________

                                                                     ANNEX II

                                                                correlation table

|Decision 96/414/EC                                                  |This Decision                                                       |
|Article 1                                                           |_____                                                               |
|Article 2(1)                                                        |Article 1(1)                                                        |
|Article 2(2), first indent                                          |Article 1(2)(a)                                                     |
|Article 2(2), second indent                                         |Article 1(2)(b)                                                     |
|Article 2(2), third indent                                          |Article 1(2)(c)                                                     |
|Article 2(3)                                                        |Article 1(3)                                                        |
|Article 2(4)                                                        |Article 1(4)                                                        |
|Article 3                                                           |Article 2                                                           |
|_____                                                               |Article 3                                                           |
|Article 4                                                           |Article 4                                                           |
|_____                                                               |Annexe I                                                            |
|_____                                                               |Annexe II                                                           |

                                                                  _____________

                                                             -----------------------
[1]   OJ Ö L 24, 30.1.1998, p. 9 Õ.
[2]   OJ L 268, 24.9.1991, p. 56.
[3]   OJ L 162, 1.7.1996, p. 1.
[4]   OJ L 167, 6.7.1996, p. 58.
[5]   See Annex I.
[6]   OJ L 200, 24.8.1995, p. 38.
[7]   OJ Ö L 278, 23.10.2001, p. 32 Õ.
[8]   OJ L 62, 15.3.1993, p. 49.
[9]   OJ Ö L 315, 19.11.2002, p. 14. Õ.