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9.11.2011 Official
Journal
of
the
European
Union L
290/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1132/2011
of 8 November 2011
amending Regulation (EC) No 798/2008 as regards transit of consignments of eggs and egg products
from Belarus through Lithuania to the Russian territory of Kaliningrad
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
such commodities. Those requirements take into account
whether or not additional guarantees are requested due
to the disease status of those third countries, territories,
zones or compartments. The additional guarantees with
Having regard to the Treaty on the Functioning of the European
which those commodities are to comply are set out in
Union,
Part 2 of Annex I to Regulation (EC) No 798/2008.
Having regard to Council Directive 2002/99/EC of
(3) Article
4(4)
of
Regulation
(EC)
No
798/2008
provides
16 December 2002 laying down the animal health rules
that eggs and egg products transiting through the
governing the production, processing, distribution and intro
Union are to be accompanied by a certificate drawn up
duction of products of animal origin for human
in accordance with the model certificate set out in Annex
consumption ( 1 ) and in particular the introductory phrase of
XI thereto and complying with the conditions set out in
Article 8, the first paragraph of point 1 of Article 8, point 4
that certificate.
of Article 8 and Article 9(4)(c) thereof,
(4) In view of the isolated geographic situation of the
Whereas:
Russian territory of Kaliningrad, Article 18 of Regulation
(EC) No 798/2008 derogates from the requirements of
Article 4(4) of that Regulation and lays down specific
conditions for transit of certain consignments from and
bound for Russia through Latvia, Lithuania and Poland.
(1) Directive
2002/99/EC
lays
down
the
general
animal
health rules governing the production, processing,
Those conditions include additional controls and the
distribution within the Union and the introduction
sealing of the consignments.
from third countries of products of animal origin for
human consumption and provides for establishing
specific rules and certification for transit.
(5) Regulation
(EC)
No
798/2008,
as
amended
by
Regulation
(EU) No 241/2010 ( 3 ), lists Belarus as a third country
from which transit through the Union of eggs and egg
products is authorised until 13 October 2011.
(2) Commission
Regulation
(EC)
No
798/2008
of
8
August

2008 laying down a list of third countries, territories,
zones or compartments from which poultry and
poultry products may be imported into and transit
through the Community and the veterinary certification
(6) The
Food
and
Veterinary
Office
carried
out
an
inspection
requirements ( 2 ) provides that the commodities covered
in Belarus in March 2010. The outcome of that
by it are only to be imported into and transited through
inspection showed that measures to control avian
the Union from the third countries, territories, zones or
influenza and Newcastle disease are in place in that
compartments listed in Part 1 of Annex I thereto. It also
third country. However, the national legislation of
lays down the veterinary certification requirements for
Belarus and the laboratory testing protocols are not
fully equivalent to Union legislation.
( 1 ) OJ L 18, 23.1.2003, p. 11.
( 2 ) OJ L 226, 23.8.2008, p. 1.
( 3 ) OJ L 77, 24.3.2010, p. 1.

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L 290/2
EN
Official Journal of the European Union
9.11.2011
(7)
In view of the outcome of that inspection, it can be
eggs coming from and bound for Russia, directly or via
concluded that the animal health risks for the Union
another third country, where the following conditions are
posed by the transit of consignments of eggs and egg
met:
products from Belarus to the Russian territory of Kalin
ingrad are very low. In addition, Lithuania has
undertaken to carry out additional controls on such
(a) the consignment is sealed with a serially numbered seal
consignments when they enter and leave its territory.
by the official veterinarian at the border inspection post
of entry in Latvia, Lithuania or Poland;
(8) In
view
of
those
elements
and
of
the
already
existing
procedural structures with regard to transit of
(b) the documents accompanying the consignment, as
commodities from and bound for Russia, the transit of
provided for in Article 7 of Directive 97/78/EC, are
eggs and egg products from Belarus through Lithuania to
stamped with the words “ONLY FOR TRANSIT TO
the Russian territory of Kaliningrad by rail or road
RUSSIA VIA THE EU” on each page by the official
should continue to be permitted, provided that identical
veterinarian at the border inspection post of entry in
conditions to those already laid down in Article 18(1) of
Latvia, Lithuania or Poland;
Regulation (EC) No 798/2008 for other commodities are
complied with.
(c) the procedural requirements provided for in Article 11
of Directive 97/78/EC are complied with;
(9) A
new
provision,
derogating
from
the
requirements
of
Article 4(4) of Regulation (EC) No 798/2008, with regard
(d) the consignment is certified as acceptable for transit on
to the transit of eggs and egg products from Belarus
the common veterinary entry document issued by the
should therefore be inserted in Article 18 of that Regu
official veterinarian at the border inspection post of
lation and the entry for Belarus in Annex I to Regulation
entry in Latvia, Lithuania or Poland.
(EC) No 798/2008 should be amended accordingly.
2. By way of derogation from Article 4(4), transit by
road or rail shall be authorised between the border
(10) Regulation (EC) No 798/2008 should therefore be
inspection posts in Lithuania listed in the Annex to
amended accordingly.
Decision 2009/821/EC, of consignments of eggs and egg
products coming from Belarus and bound for the Russian
territory of Kaliningrad, where the following conditions are
met:
(11) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(a) the consignment is sealed with a serially numbered seal
by the official veterinarian at the border inspection post
of entry in Lithuania;
HAS ADOPTED THIS REGULATION:
(b) the documents accompanying the consignment, as
provided for in Article 7 of Directive 97/78/EC, are
Article 1
stamped with the words “ONLY FOR TRANSIT TO
RUSSIA VIA LITHUANIA” on each page by the official
Regulation (EC) No 798/2008 is amended as follows:
veterinarian at the border inspection post of entry in
Lithuania;
(1) Article 18 is replaced by the following:
(c) the procedural requirements provided for in Article 11
of Directive 97/78/EC are complied with;
‘Article 18
(d) the consignment is certified as acceptable for transit on
Derogations for transit through Latvia, Lithuania and
the common veterinary entry document issued by the
Poland
official veterinarian at the border inspection post of
1. By
way
of
derogation
from
Article
4(4),
transit
by
entry in Lithuania.
road or by rail shall be authorised between the border
inspection posts in Latvia, Lithuania and Poland listed in
the Annex to Commission Decision 2009/821/EC (*), of
3. The
consignments,
as
referred
to
in
paragraphs
1
and
consignments of meat, minced meat and mechanically
2, may not be unloaded or put into storage, as referred to
separated meat of poultry including ratites and wild game-
in Article 12(4) or in Article 13 of Directive 97/78/EC,
birds, eggs and egg products and specified pathogen-free
within the Union.

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EN
9.11.2011 Official
Journal
of
the
European
Union L
290/3
4. Regular
audits
shall
be
conducted
by
the
competent (2) Annex I is amended in accordance with the Annex to this
authority to ensure that the number of consignments, as
Regulation.
referred to in paragraphs 1 and 2, and the corresponding
quantities of products leaving the Union correspond with
the number and quantities entering the Union.
Article 2
___________
This Regulation shall enter into force on the 20th day following
(*) OJ L 296, 12.11.2009, p. 1.’
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
Annex I to Regulation (EC) No 798/2008 is amended as follows:
(1) in Part 1, the entry for Belarus is replaced by the following:
‘BY- Belarus BY-0 Whole
country EP,
E
(both
for
transit
only IX’
through Lithuania)
(2) in Part 2, in the Section ‘Additional guarantees (AG)’, entry ‘IX’ is replaced by the following:
‘ “IX”: only transit through Lithuania of consignments of eggs and egg products originating in Belarus and bound for
the Russian territory of Kaliningrad shall be permitted provided that Article 18(2), (3) and (4) is complied
with.’.

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