Commission Decision of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (notified under document number C(2003) 5242) (Text with EEA relevance) (2004/211/EC) (repealed)

Commission Decision

of 6 January 2004

establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC

(notified under document number C(2003) 5242)

(Text with EEA relevance)

(2004/211/EC) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1), and in particular Articles 12 and 19(i) and (ii) thereof,

Having regard to 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(2), and in particular Article 17(3)(b) thereof,

Whereas:

(1) Article 12 of Council Directive 90/426/EEC provides that imports of equidae are only allowed from third countries or parts of third countries appearing in a list to be incorporated in the list of third countries laid down in accordance with the provisions of Article 3 of Directive 72/462/EEC on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(3).

(2) Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries from which Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products(4), has been substantially amended in particular to the effect that equidae are to be excluded from its scope. However Commission Decisions adopted on the basis of Directive 90/426/EEC and concerning health conditions for imports of equidae provide for lists of the third countries authorised for export to the Community of these animals which are based on Decision 79/542/EEC.

(3) The rules governing animal health conditions for the importation of live animals under Directive 72/462/EEC, in particular the provisions of Article 3 referring to a list of third countries authorised for the exportation of live animals, are currently under review. To this end the Commission adopted a Proposal for a Council Directive(5) laying down the animal health rules for the importation into the Community of certain live animals and amending Directives 72/462/EEC, 90/426/EEC, 92/65/EEC and 97/78/EC. In this context, Article 12 of Directive 90/426/EEC will be amended in order to establish therein the principles for drawing up a list of third countries from which importation of equidae are authorised.

(4) Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses(6), contains in Annex I a list of third countries from which Member States authorise the temporary admission of such animals, and established the sanitary groups of third countries.

(5) Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export(7), contains a list of third countries in Annex I from which Member States authorise the re-entry of such animals.

(6) Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter(8), contains a list of third countries in footnote 3 of Annex II from which Member States authorise imports of such animals.

(7) Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production(9), contains a list of third countries in Annex I from which Member States authorise imports of such animals.

(8) It is appropriate to list the third countries approved for the importation of equidae into the Community in a single Community act.

(9) In some cases, only specified categories of equidae or particular types of importation are authorised from a part of the territory of a third country as specified in Commission Decision 92/160/EEC of 5 March 1992 establishing the regionalisation of certain third countries for imports of equidae(10), and for clarity and transparency these regionalisation conditions should also be provided together with the list of approved third countries and Decision 92/160/EEC repealed.

(10) Because the list of third countries is a list in principle, provisions should be made for references to specific conditions or restrictions applying to importation of equidae in accordance with Community legislation.

(11) Commission Decision 95/461/EC(11) lays down protective measures in relation to Venezuelan equine encephalomyelitis in Venezuela and Colombia prohibiting the re-admission after temporary export of registered horses from Venezuela and Colombia. It appears therefore appropriate to adapt the list accordingly.

(12) Commission Decision 97/10/EC(12) amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC, 92/260/EEC and 93/197/EEC in relation to the temporary admission and imports into the Community of registered horses from South Africa, lays down specific import conditions including regionalisation.

(13) Commission Decision 94/63/EC of 31 January 1994 drawing up a provisional list of third countries from which Member States authorise imports of semen, ova and embryos of the ovine, caprine and equine species, and ova and embryos of the porcine species(13), refers in Part II of its Annex to Parts 1 and 2 of the Annex to Decision 79/542/EEC. This list was established under Article 28 of Directive 92/65/EEC for a transitional period of 3 years.

(14) Commission Decision 2000/284/EC of 31 March 2000 establishing the list of approved semen collection centres for imports of equine semen from third countries and amending Decisions 96/539/EC and 96/540/EC(14), contains a list of countries and establishments from which imports of equine semen are authorised.

(15) Commission Decision 96/539/EC of 4 September 1996 on the animal health requirements and veterinary certification for imports into the Community of semen of the equine species(15), and Commission Decision 96/540/EC of 4 September 1996 on the animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(16), establish animal health conditions applying to imports of equine semen, ova, and embryos, and reference to those provisions should also be made in a consolidated list of third countries.

(16) It is appropriate to combine the specific country lists and the regionalisation conditions set out in Decisions 79/542/EEC, 92/160/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC and 94/63/EC in one consolidated list, specifying the sanitary grouping of third countries and where applicable, specific conditions for imports of equidae and semen, ova and embryos of that species from those third countries.

(17) Consequently Decisions 92/160/EEC and 95/461/EEC should be repealed and Decisions 94/63/EC and 93/195/EEC amended accordingly.

(18) 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:

(1)

OJ L 224, 18.8.1990, p. 42. Directive as last amended by Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)

OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission Regulation (EC) No 1398/2003 (OJ L 198, 6.8.2003, p. 3).

(3)

OJ L 302, 31.12.1972, p. 28.

(4)

OJ L 146, 14.6.1979, p. 15. Decision as last amended by Decision 2004/212/EC (See page 11 of this Official Journal).

(5)

COM(2003) 570.

(6)

OJ L 130, 15.5.1992, p. 67. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(7)

OJ L 86, 6.4.1993, p. 1. Decision as last amended by Decision 2001/611/EC (OJ L 214, 8.8.2001, p. 49).

(8)

OJ L 86, 6.4.1993, p. 7. Decision as last amended by Decision 2001/611/EC (OJ L 214, 8.8.2001, p. 49).

(9)

OJ L 86, 6.4.1993, p. 16. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(10)

OJ L 71, 18.3.1992, p. 27. Decision as last amended by Decision 2002/635/EC (OJ L 206, 3.8.2002, p. 20).

(11)

OJ L 265, 8.11.1995, p. 40.

(12)

OJ L 3, 7.4.1997, p. 9. Decision as last amended by Decision 2003/541/EC (OJ L 185, 24.7.2003, p. 41).

(13)

OJ L 28, 2.2.1994, p. 47. Decision as last amended by Decision 2001/734/EC (OJ L 275, 18.10.2001, p. 19).

(14)

OJ L 94, 14.4.2000, p. 35. Decision as last amended by Decision 2003/574/EC (OJ L 196, 2.8.2003, p. 27).

(15)

OJ L 230, 11.9.1996, p. 23. Decision as last amended by Decision 2000/284/EC (OJ L 94, 14.4.2000, p. 35).

(16)

OJ L 230, 11.9.1996, p. 28. Decision as last amended by Decision 2000/284/EC (OJ L 94, 14.4.2000, p. 35).