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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1), and in particular Article 10(4) thereof,
Whereas:
(1) From 1 January 2007, semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained in Bulgaria and Romania and intended for intra-Community trade have to comply with Community legislation.
(2) In particular, those products are to be subject to the animal health requirements laid down in Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(2), Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(3), Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(4) and Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(5).
(3) Certain of those products obtained in Bulgaria and Romania before the date of Accession may still be in stock after that date. However, those products may not comply with all the animal health requirements applicable to intra-Community trade set out in Community legislation.
(4) In order to facilitate the transition from the existing regime for such products obtained in Bulgaria and Romania to the regime existing under Community legislation, it is appropriate to lay down transitional measures for intra-Community trade in those products. Therefore, semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained prior to Accession and in compliance with Community animal health requirements for exports of the products from the country of origin to the Community in force before 1 January 2007 should be allowed to enter intra-Community trade.
(5) At the same time, such products obtained prior to Accession and not in comformity with Community legislation for the transitional period of eight months should be allowed to be traded between Bulgaria and Romania.
(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:
OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).
OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2006/16/EC (OJ L 11, 17.1.2006, p. 21).
OJ L 302, 19.10.1989, p. 1. Directive as last amended by Commission Decision 2006/60/EC (OJ L 31, 3.2.2006, p. 24).
OJ L 224, 18.8.1990, p. 62. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 321); as corrected by OJ L 226, 25.6.2004.
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