Commission Implementing Decision
of 20 March 2014
repealing lists of third country establishments from which Member States authorise imports of certain products of animal origin adopted on the basis of Council Decision 95/408/EC
(notified under document C(2014) 1742)
(Text with EEA relevance)
(2014/160/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption , and, in particular, Article 16 thereof,
Whereas:
(1)
Directive 2004/41/EC of the European Parliament and of the Council amended Council Decision 95/408/EC and provided that provisional lists of third countries and third country establishments drawn up in accordance with Decision 95/408/EC should continue to apply mutatis mutandis, pending the adoption of the necessary provisions on the basis of Regulation (EC) No 852/2004 of the European Parliament and of the Council , Regulation (EC) No 853/2004 of the European Parliament and of the Council , Regulation (EC) No 854/2004 or Council Directive 2002/99/EC . The Decision was applicable until the date of application of Regulation (EC) No 852/2004, Regulation (EC) No 853/2004, and Regulation (EC) No 854/2004, namely, 1 January 2006.
(2)
Lists of third country establishments from which Member States authorise imports of certain products of animal origin which were adopted on the basis of Decision 95/408/EC still continue to exist.
(3)
Article 12 of Regulation (EC) No 854/2004 lays down the procedure for drawing up and updating the list of establishments from which imports of certain products of animal origin are authorised. Based on the provisions of this Article, in particular, paragraph 5, which states that the Commission shall arrange for up-to-date versions of all lists drawn up or updated to be available to the public, the lists of establishments from which Member States authorise imports of certain products of animal origin for human consumption are published on the European Commission’s website .
(4)
In the interest of clarity of Union legislation, and in view of the drawing up of lists of third country establishments from which imports of certain products of animal origin are permitted, former lists adopted on the basis of Decision 95/408/EC became obsolete and it is thus necessary to formally repeal them for reasons of legal certainty.
(5)
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 139, 30.4.2004, p. 206.
Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC (OJ L 157, 30.4.2004, p. 33).
Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorized to import certain products of animal origin, fishery products or live bivalve molluscs (OJ L 243, 11.10.1995, p. 17).
Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
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 (OJ L 18, 23.1.2003, p. 11).
https://webgate.ec.europa.eu/sanco/traces/output/non_eu_listsPerCountry_en.htm