THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, and in particular Article 22(6) thereof,
Whereas:
(1)
Commission Decision 2002/994/EC applies to all products of animal origin imported from China and intended for human consumption or for animal feed.
(2)
In accordance with Article 2(1) of that Decision, Member States are to prohibit imports of those products. Article 2(2) provides for two derogations from that prohibition.
(3)
In accordance with the first derogation of Article 2(2) of Decision 2002/994/EC, Member States are to authorise imports of products listed in Part I of the Annex to that Decision in accordance with the specific animal and public health conditions applicable to the products concerned.
(4)
In accordance with the second derogation of Article 2(2) of that Decision, Member States are to authorise imports of products listed in Part II of the Annex to that Decision which are accompanied in addition by a specific declaration of the Chinese competent authority, stating that the products concerned do not present a danger to animal or human health.
(5)
The existence of two lists of products have created uncertainties in the application of Decision 2002/994/EC as some substances such as feed and food additives, food supplements and feed material have not been included in either list. The Chinese Authorities have requested the addition of other substances in Part I, furthermore, the Commission considered that the reasons which led to the adoption of the Decision 2002/994/EC are not applicable to feed and food additives, food supplements and feed material, as they are highly refined.
(6)
Decision 2002/994/EC should therefore be amended accordingly.
(7)
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: