CELEX: 51994GC0085
Language: en
Date: 2006-12-11
Title: Draft Commission Decision of […] drawing up a list of third countries from which the Member States authorize imports of fresh poultrymeat (…/…/EC) (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

                     drawing up a list of third countries from which the Member States authorize imports of fresh poultrymeat

                                                                     (…/…/EC)

                                                                (Codified version)

                                            ê 94/85/EC (adapted)

                                                                      Draft

                                                               COMMISSION DECISION

                                                                      of […]

                     drawing up a list of third countries from which the Member States authorize imports of fresh poultrymeat

                                                       Ö (notified under number C (…) …) Õ

                                                          Ö (Text with EEA relevance) Õ

                                                                    (…/.../EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade  in  and  imports  from
third countries of fresh poultrymeat[1], and in particular Article 9 thereof,

Whereas:

                                            ê .

   1) Commission Decision 94/85/EC of 16 February 1994 drawing up a list of third countries from which the Member  States  authorize  imports  of
      fresh poultrymeat[2] has been substantially amended several times[3]. In the interests of clarity and rationality the said Decision  should
      be codified.

                                            ê 94/85/EC Recital 1 (adapted)

   2) The countries listed in Annex Ö I Õ to this Decision which traditionally supply the Member States, have been requested to show, through the
      provision of written assurances supported by appropriate documentation or as a result of on-the-spot inspections,  that  they  satisfy  the
      requirements of the Community.

                                            ê 94/85/EC Recital 2 (adapted)

   3) These assurances Ö are to Õ be examined by the Standing Committee Ö on the Food Chain and Animal Health Õ.

                                            ê 94/85/EC Recital 3 (adapted)

   4) This list applies without prejudice to Commission Decision Ö [../../EC] Õ Ö laying Õ down  the  criteria  Ö for Õ  classify  Ö ing Õ  third
      countries with regard to avian influenza and Newcastle disease Ö in relation to imports of live poultry and hatching eggs Õ[4].

                                            ê 94/85/EC Recital 4

   5) It may also be necessary in certain cases to specify the parts of countries from which imports will be authorized.

                                            ê 94/85/EC Recital 5 (adapted)

   6) This list can be amended at any time to take into account new information or new situations. The  listing  of  any  country  Ö should Õ  be
      reviewed at any time when further information, in particular resulting from on-the-spot inspections, indicates that conditions in the third
      country concerned may have changed or that previously received information was incomplete, inexact or inaccurate.

                                            ê 94/85/EC Recital 6 (adapted)

   7) Although the list of third countries forms the basis of the Community arrangements applicable to imports from third countries laid down  in
      Directive 91/494/EEC, other measures, particularly concerning specific animal health conditions, public health requirements, residue  plans
      and certification Ö should Õ be taken into account in order to achieve complete harmonization of the conditions for  importation  of  fresh
      poultry meat.

                                            ê 94/85/EC Recital 7 (adapted)

                                            ê 94/85/EC Recital 8 (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 ,

                                            ê 94/85/EC (adapted)

HAS ADOPTED THIS DECISION:

                                                                    Article 1

The Member States shall authorize imports of fresh poultrymeat in accordance with the list in Annex Ö I Õ .

                                            ê .

                                                                    Article 2

Decision 94/85/EC is repealed.

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

                                            ê 94/85/EC (adapted)

                                            ê 94/85/EC

                                                                    Article 3

This Decision is addressed to all Member States.

Done at Brussels,

      For the Commission
      […]
      Member of the Commission

                                            ê 2004/118/EC Art. 4

                                                                     ANNEX I

                        Imports from countries on this list must fulfil the relevant animal and public health requirements

|ISO code            |Country                                  |Fresh poultry meat             |Special remarks                        |
|AR                  |Argentina                                |X                              |                                       |
|AU                  |Australia                                |X                              |                                       |
|BG                  |Bulgaria                                 |X                              |                                       |
|BR                  |Brazil                                   |X                              |                                       |
|BW                  |Botswana                                 |X                              |Ratite meat only                       |
|CA                  |Canada                                   |X                              |                                       |
|CH                  |Switzerland                              |X                              |                                       |
|CL                  |Chile                                    |X                              |                                       |
|CN                  |China (People's Republic)                |X                              |                                       |
|HR                  |Croatia                                  |X                              |                                       |
|IL                  |Israel                                   |X                              |                                       |
|IS                  |Iceland                                  |X                              |                                       |
|KR                  |Korea (Republic)                         |X                              |                                       |
|MG                  |Madagascar                               |X                              |                                       |
|MY                  |Malaysia                                 |X                              |Western Peninsular only                |
|NA                  |Namibia                                  |X                              |Ratite meat only                       |
|NZ                  |New Zealand                              |X                              |                                       |
|RO                  |Romania                                  |X                              |                                       |
|TH                  |Thailand                                 |X                              |                                       |
|TN                  |Tunisia                                  |X                              |                                       |
|TR                  |Turkey                                   |X                              |                                       |
|US                  |United States of America                 |X                              |                                       |
|UY                  |Uruguay                                  |X                              |                                       |
|ZA                  |South Africa                             |X                              |Ratite meat only                       |
|ZW                  |Zimbabwe                                 |X                              |Ratite meat only                       |

                                                                   ____________

                                            é

                                                                     ANNEX II

                                                 Repealed Decision with its successive amendments

|Commission Decision 94/85/EC[5]                                                         |                                         |
|(OJ L 44, 17.2.1994, p. 31)                                                             |                                         |
|Commission Decision 94/298/EC                                                         |                                         |
|(OJ L 131, 26.5.1994, p. 24)                                                          |                                         |
|Commission Decision 94/453/EC                                                         |Only Article 29                          |
|(OJ L 187, 22.7.1994, p. 11)                                                          |                                         |
|Commission Decision 95/58/EC                                                          |                                         |
|(OJ L 55, 11.3.1995, p. 41)                                                           |                                         |
|Commission Decision 95/181/EC                                                         |                                         |
|(OJ L 119, 30.5.1995, p. 34)                                                          |                                         |
|Commission Decision 96/2/EC                                                           |                                         |
|(OJ L 1, 3.1.1996, p. 6)                                                              |                                         |
|Commission Decision 2000/609/EC                                                       |Only Article 2                           |
|(OJ L 258, 12.10.2000, p. 49)                                                         |                                         |
|Commission Decision 2001/299/EC                                                       |                                         |
|(OJ L 102, 12.4.2001, p. 69)                                                          |                                         |
|Commission Decision 2001/733/EC                                                       |                                         |
|(OJ L 275, 18.10.2001, p. 17)                                                         |                                         |
|Commission Decision 2003/573/EC                                                       |Only Article 1                           |
|(OJ L 194, 1.8.2003, p. 89)                                                           |                                         |
|Commission Decision 2004/118/EC                                                       |Only Article 4 and Annex V               |
|(OJ L 36, 7.2.2004, p. 34)                                                            |                                         |

                                                                 _______________

                                                                    ANNEX III

                                                                Correlation Table

|Decision 94/85/EC                                                    |This Decision                                                        |
|Article 1                                                            |Article 1                                                            |
|Article 2                                                            |-                                                                    |
|-                                                                    |Article 2                                                            |
|Article 3                                                            |Article 3                                                            |
|Annex                                                                |Annex I                                                              |
|-                                                                    |Annex II                                                             |
|-                                                                    |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 268, 24.9.1991, p. 35. Ö Directive as last amended by Directive 1999/89/EC (OJ L 300, 23.11.1999, p. 17). Õ
[2]   OJ L 44, 17.2.1994, p. 31. Decision as last amended by Decision 2004/118/EC (OJ L 36, 7.2.2004, p. 34).
[3]   See Annex II.
[4]   Ö [OJ L …] Õ .
[5]   Decision 94/85/EC was also amended by the following non-repealed act:
      - 1994 Act of Accession.
      - 2003 Act of Accession.