CELEX: 32020D0981
Language: en
Date: 2020-07-07 00:00:00
Title: Commission Implementing Decision (EU) 2020/981 of 7 July 2020 amending Annex II to Decision 2007/777/EC as regards the entry for Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.) in the list of third countries or parts thereof from which the introduction into the Union of meat products and treated stomachs, bladders and intestines is authorised and amending Annex III to that Decision as regards the model certificate for imports of those products from third countries (notified under document C(2020) 4433) (Text with EEA relevance)

9.7.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 220/4
               
            
         COMMISSION IMPLEMENTING DECISION (EU) 2020/981
         of 7 July 2020
         amending Annex II to Decision 2007/777/EC as regards the entry for Kosovo (*) in the list of third countries or parts thereof from which the introduction into the Union of meat products and treated stomachs, bladders and intestines is authorised and amending Annex III to that Decision as regards the model certificate for imports of those products from third countries
         
            
               (notified under document C(2020) 4433)
            
         
         (Text with EEA relevance)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to 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 consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) of Article 8, point (4) of Article 8, Article 9(2)(b) and Article 9(4)(b) and (c) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Commission Decision 2007/777/EC (2) lays down animal and public health conditions for the import into the Union of consignments of certain meat products and of treated stomachs, bladders and intestines which have undergone one of the treatments set out in Part 4 of Annex II thereto (‘the commodities’).
                  
               
                     (2)
                  
                  
                     Part 2 of Annex II to Decision 2007/777/EC sets out a list of third countries or parts thereof from which the introduction into the Union of the commodities is authorised, provided that the commodities have undergone one of the treatments referred to therein. Part 4 of that Annex sets out a non-specific treatment ‘A’ and specific treatments ‘B’ to ‘F’ listed in descending order of severity of the animal health risk they are intended to eliminate.
                  
               
                     (3)
                  
                  
                     Furthermore, Annex III to Decision 2007/777 sets out the model certificate that should accompany consignments of the commodities intended for introduction into the Union.
                  
               
                     (4)
                  
                  
                     Kosovo has requested to be listed in Part 2 of Annex II to Decision 2007/777/EC as third country from which the introduction into the Union of commodities which have been obtained from poultry and farmed feathered game (except ratites) that have undergone specific treatment ‘C’ or ‘D’ is authorised and has submitted the relevant information. In particular, Kosovo has provided guarantees in respect of poultry raw material originating either from Member States or from third countries which are approved to export such raw material to the Union and in respect of the treatment that those products will undergo.
                  
               
                     (5)
                  
                  
                     The Commission has carried out an audit in Kosovo to evaluate the control systems in place governing the production of meat products of poultry intended for export to the Union. Given the favourable outcome of that audit and the guarantees provided by Kosovo as regards the origin and treatment of the meat of poultry used for the production of the meat products, it is appropriate to include Kosovo in the table in Part 2 of Annex II to Decision 2007/777/EC for the introduction into the Union of meat products of poultry and farmed feathered game (except ratites) having undergone specific treatment ‘C’ or ‘D’.
                  
               
                     (6)
                  
                  
                     The model veterinary certificate for imports of meat products, treated stomachs, bladders and intestines, set out in Annex III to Decision 2007/777/EC, refers to meat products prepared from meat of poultry originating in a Member State or satisfying the animal health requirements for import into the Union laid down in Commission Regulation (EC) No 798/2008 (3), and provides that that meat has to undergo the non-specific treatment ‘A’ set out in Part 4 of Annex II to Decision 2007/777/EC.
                  
               
                     (7)
                  
                  
                     The veterinary certificate requirements do not, however, refer to meat of poultry originating in a Member State or satisfying the animal health requirements for import into the Union laid down in Regulation (EC) No 798/2008 and having to undergo one of the specific treatments set out in Part 4 of Annex II to Decision 2007/777/EC. Given that the specific treatment of the product needs to be applied irrespective of the origin of the fresh meat used in the preparation of the meat products, and the negligible risks for poultry health involved in such practices, the model veterinary certificate for meat products, treated stomachs, bladders and intestines set out in Annex III to Decision 2007/777/EC, should include a certification provision for that specific situation.
                  
               
                     (8)
                  
                  
                     Decision 2007/777/EC should therefore be amended accordingly.
                  
               
                     (9)
                  
                  
                     A reasonable transitional period of four months should be allowed to elapse before the amended model veterinary certificate becomes mandatory in order to allow Member States and the industry to adapt to the new requirements.
                  
               
                     (10)
                  
                  
                     The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            
               1.   Annex II to Decision 2007/777/EC is amended in accordance with Annex I to this Decision.
            
            
               2.   Annex III to Decision 2007/777/EC is amended in accordance with Annex II to this Decision.
            
         
         
            Article 2
            For a transitional period until 10 November 2020, Member States shall continue to authorise the introduction into the Union of consignments of meat products, treated stomachs, bladders and intestines, accompanied by a model certificate issued in accordance with the model set out in Annex III to Decision 2007/777/EC, as applicable before the amendments made by this Decision, provided that the certificate was issued no later than 10 October 2020.
         
         
            Article 3
            This Decision is addressed to the Member States.
         
         
            Done at Brussels, 7 July 2020.
            
               
                  For the Commission
               
               Stella KYRIAKIDES
               
                  Member of the Commission
               
            
         
         
            (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.
         
            (1)  OJ L 18, 23.1.2003, p. 11.
         
            (2)  Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).
         
            (3)  Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, p. 1).
      
      
         
            ANNEX I
            Part 2 of Annex II to Decision 2007/777/EC is amended as follows:
            
                        (1)
                     
                     
                        the following entry for Kosovo is inserted between the entry for Uruguay and the entry for South Africa:
                        
                                    ISO code
                                 
                                 
                                    Country of origin or part thereof
                                 
                                 
                                    1. Domestic bovine
                                    2. Farmed cloven-hoofed game (excluding swine)
                                 
                                 
                                    Domestic ovine/caprine
                                 
                                 
                                    1. Domestic porcine
                                    2. Farmed cloven-hoofed game (swine)
                                 
                                 
                                    Domestic soliped
                                 
                                 
                                    1. Poultry
                                    2. Farmed feathered game (except ratites)
                                 
                                 
                                    Farmed ratites
                                 
                                 
                                    Domestic rabbit and farmed leporidae
                                 
                                 
                                    Wild cloven-hoofed game (excluding swine)
                                 
                                 
                                    Wild swine
                                 
                                 
                                    Wild soliped
                                 
                                 
                                    Wild leporidae (rabbits and hares)
                                 
                                 
                                    Wild game birds
                                 
                                 
                                    Wild land mammalian (excluding ungulates, solipeds and leporidae)
                                 
                              
                                    ‘XK
                                 
                                 
                                    Kosovo(*****)(4)
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    C or D
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX
                                 
                                 
                                    XXX’
                                 
                              
                  
                        (2)
                     
                     
                        the following footnote is added at the end of the table between footnote (3) and footnote (*):
                        
                                    ‘(4)
                                 
                                 
                                    For meat products and treated stomachs, bladders and intestines prepared from fresh meat either from a Member State of the European Union satisfying the requirements of Article 3 of Directive 2002/99/EC or from a third country listed in Part 1 of Annex I to Regulation (EC) No 798/2008 for the import into the Union of meat of poultry.’
                                 
                              
                  
                        (3)
                     
                     
                        the following footnote is added at the end of the table between footnote (****) and footnote XXX:
                        
                                    ‘(*****)
                                 
                                 
                                    This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.’
                                 
                              
                  
      
      
         
            ANNEX II
            Annex III to Decision 2007/777/EC is amended as follows:
            The following text is inserted after the third option in point II.1.3 of Part II.1 of the model animal health and public health certificate for certain meat products, treated stomachs, bladders and intestines intended for consignment to the European Union from third countries:
            
                         
                     
                     
                        ‘(2) or
                        
                        
                                    [II.1.3.1.
                                 
                                 
                                    has undergone the specific treatment referred to in points B, C or D in Part 4 of Annex II to Decision 2007/777/EC laid down for the third country of origin or part thereof for the meat of the species concerned in Parts 2 or 3, as appropriate, of Annex II to Decision 2007/777/EC and:
                                 
                              
                                     
                                 
                                 
                                    (2) either
                                    
                                    
                                                [II.1.3.1.1.
                                             
                                             
                                                originates in a Member State of the European Union satisfying the requirements of Article 3 of Directive 2002/99/EC;]
                                             
                                          
                              
                                     
                                 
                                 
                                    (2) or
                                    
                                    
                                                [II.1.3.1.1.
                                             
                                             
                                                originates in a third country listed in Part 1 of Annex I to Regulation (EC) No 798/2008 for the import into the Union of meat of poultry and comes from holdings or in the case of wild game-birds killed in territories, where within a 10km radius, including where appropriate the territory of a neighbouring country, there has been no outbreak of highly pathogenic avian influenza or Newcastle disease for at least the previous 30 days.]’