THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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, and in particular the third indent of Article 8(5), Article 9(2)(b) and Article 9(4) thereof,
Having regard to 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, and in particular the second paragraph of Article 9 thereof,
Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC, and in particular the fourth subparagraph of Article 29(1) thereof,
Whereas:
(1)
Italy will host the universal exhibition named ‘EXPO Milano 2015’ which will take place in Milan from 1 May to 31 October 2015. The central theme of this exhibition is ‘Feeding the planet — Energy for life’. It is planned that about 150 countries will participate in the ‘EXPO Milano 2015’ and, in relation with the theme, it is expected that food products, including products of animal origin, will have to be introduced into the Union from third countries.
(2)
The authorisation to export products of animal origin to the Union is granted to third countries based on a number of requirements laid down in the Union legislation, which take into account animal and public health concerns. However, not all the countries taking part in ‘EXPO Milano 2015’ are fully authorised to export products of animal origin to the Union. It is therefore opportune to establish certain derogations to the current import health requirements in order to authorise the introduction of those products exclusively for the purpose of their use in ‘EXPO Milano 2015’.
(3)
As regards the animal health aspects, the products of animal origin that give rise to a risk of introduction of animal diseases into the Union, such as fresh meat and meat products, milk and dairy products and other products of animal origin, are only allowed to be imported into the Union if all the relevant animal health guarantees provided for in the Union import legislation are fulfilled. The same applies to products of animal origin in transit through the Union on the condition that they are transported into a third country. To be authorised to be imported or transit through the Union the products of animal origin are to originate from third countries specifically listed in the relevant animal health import legislation and have undergone the specific treatments provided for in such legislation.
(4)
Therefore, in order to protect the animal health status of the Union, only products of animal origin which fulfil the Union animal health import or transit requirements should be authorised to enter the Union for the purpose of their use in ‘EXPO Milano 2015’.
(5)
Considering the risks involved with the introduction into the Union of products of animal origin not in conformity with the Union public health requirements and, at the same time, the need to protect public health, it is necessary to ensure that those products are in conformity with the public health requirements of the third country of origin and that they are fit for human consumption in that country. This would result in the same risk travellers from the Union would face while travelling and consuming such goods in the relevant third country. In addition, the competent Italian authorities have provided guarantees aimed at avoiding that the abovementioned risks can affect human health within the Union in a negative way.
(6)
Therefore, the Italian Authorities shall ensure that not any of the non-conform products are consumed and marketed outside ‘EXPO Milano 2015’.
(7)
Considering the important public health risks linked to bivalve molluscs, the introduction into the Union of bivalve molluscs in any form destined for ‘EXPO Milano 2015’ should only be allowed if those products fulfil the public health import requirements laid down in the relevant Union legislation. For that reason, those products should be exempted from the scope of this Regulation.
(8)
Taking into account the animal and public health risks represented by products of animal origin from third countries for which special protection or safeguard measures have been or will be adopted due to animal and public health concerns in accordance with Article 22 of Council Directive 97/78/EC, it is opportune to exempt those products from the scope of this Regulation.
(9)
In order to reduce the risks linked to the introduction into the Union of products of animal origin that do not fulfil all the animal and public health requirements of the Union, those products should be subject to strict control measures and be traceable in all stages of transport, storage, delivery and disposal of their remainder or waste and be used only for the purposes of ‘EXPO Milano 2015’, preventing their marketing in the Union.
(10)
In order to allow that those products may enter the Union while preventing at the same time their placing on the Union market, they should be placed under the temporary importation procedure in accordance with Article 576(1) of Regulation (EEC) No 2454/93 until they are consumed on the spot at ‘EXPO Milano 2015’ or any remainders of those products disposed of in accordance with the provisions of Regulation (EC) No 1069/2009 of the European Parliament and of the Council as category 1 material or re-exported. Where necessary such products should be moved under the external transit procedure referred to in Article 91(1) of Regulation (EEC) No 2913/92 from the point where they entered the Union to Italy before they are placed under temporary importation. The consumption or destruction of such products is to be considered as re-exportation in accordance with Article 582(2) of Regulation (EEC) No 2454/93.
(11)
In addition, to ensure that those non-conform products are not placed on the Union market, they should only be transported directly to ‘EXPO Milano 2015’ or, if necessary for logistic reasons, to specifically approved customs warehouses as provided for by Articles 12 and 13 of Directive 97/78/EC for intermediate storage before their final delivery to ‘EXPO Milano 2015’.
(12)
In order to ensure the traceability of the non-conforming products of animal origin, the competent authorities should use the integrated computerised veterinary system (Traces) introduced by Commission Decision 2004/292/EC (hereinafter referred to as ‘the Traces system’) for recording the relevant data pertaining to the products from the moment of their introduction into the Union until they are consumed on the ‘EXPO Milano 2015’ exhibition site or disposed of after the end of the event.
(13)
In order to inform the visitors and staff of ‘EXPO Milano 2015’ of the possible risk for consumption of any non-conform products and to ensure that those products are not consumed and marketed outside the ‘EXPO Milano 2015’ site due to the public health risk they may pose, the Italian authorities should provide information that certain products of animal origin originating from third countries do not comply with Union public health standards but only with those of the relevant third countries of origin and that the consumption and marketing of those products is prohibited outside the ‘EXPO Milano 2015’ exhibition site.
(14)
As the ‘EXPO Milano 2015’ will be a temporary event, the provisions laid down in this Regulation should only apply for a limited period of time.
(15)
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION: