Commission Decision

of 31 July 2008

amending Annex II to Council Decision 79/542/EEC as regards the entries for Argentina, Brazil and Paraguay in the list of third countries and parts thereof from which imports into the Community of certain fresh meat are authorised

(notified under document number C(2008) 3992)

(Text with EEA relevance)

(2008/642/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 [1], and in particular the introductory phrase of Article 8, the first subparagraph of point (1) of Article 8 and point (4) of Article 8 thereof,

Whereas:

(1) Part 1 of Annex II to Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat [2] sets out a list of third countries and parts thereof from which Member States are authorised to import fresh meat of certain animals.

(2) Argentina is listed in Part 1 of Annex II to Decision 79/542/EEC, and has been divided into different territories mainly according to their animal health status. The Argentinean territory of Patagonia south of the 42nd parallel is recognised as having a free of foot-and-mouth disease without vaccination status. Imports into the Community of bone-in fresh meat from certain animals are authorised from that territory. The other territories of Argentina are recognised as having a free of foot-and-mouth disease with vaccination status and only imports of de-boned and matured fresh meat from those territories into the Community are authorised.

(3) In 2007, a territory in Argentina north of the 42nd parallel corresponding to parts of the provinces of Neuquén and Rio Negro was recognised as having a free of foot-and-mouth disease without vaccination status by the World Organisation for Animal Health (OIE).

(4) Following that recognition, Argentina requested that imports into the Community of bone-in fresh meat from that territory be authorised. In February 2008, a Community inspection was carried out in Argentina to verify the situation on the ground. As the outcome of that mission was favourable, it is appropriate to authorise imports into the Community of bone-in fresh meat from certain animals from that territory.

(5) Several Community inspections have been recently carried out in Brazil, including in the states of Paraná and S?o Paulo. As a result of those inspections, Decision 79/542/EEC, as amended by Decision 2008/61/EC, lays down import measures strengthening the control and surveillance of holdings from which animals eligible for export to the Community are sourced, in order to authorise imports of fresh de-boned and matured bovine meat only from animals from specifically approved farms located in states which are recognised as having a free of foot-and-mouth disease status with or without vaccination.

(6) In May 2008, the status of free of foot-and-mouth disease with vaccination was reinstated by the OIE for certain Brazilian States, including Paraná and S?o Paulo.

(7) Considering the free of foot-and-mouth disease status of those states, and considering the results of the inspections carried out in Brazil, these states should be re-included in the list of territories from which imports into the Community of fresh de-boned and matured bovine meat are authorised under the uniform conditions applicable to the other Brazilian States free of foot-and-mouth disease with vaccination and currently authorised for such imports into the Community.

(8) In 2007, Paraguay was recognised by the OIE as having a free of foot-and-mouth disease with vaccination status with the exception of a high surveillance area along its external borders. In April 2008, a Community inspection took place in Paraguay in order to verify the situation on the ground.

(9) The favourable outcome of that inspection suggests that it is appropriate to authorise imports into the Community of de-boned and matured fresh bovine meat from the territory of Paraguay which is recognised by the OIE as having a free of foot-and-mouth disease with vaccination status.

(10) Decision 79/542/EEC should therefore be amended accordingly.

(11) 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:

Article 1

Part 1 of Annex II to Decision 79/542/EEC is replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 1 August 2008.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 31 July 2008.

For the Commission

Androulla Vassiliou

Member of the Commission

[1] OJ L 18, 23.1.2003, p. 11.

[2] OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commission Decision 2008/61/EC (OJ L 15, 18.1.2008, p. 33).

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ANNEX

"Part 1

LIST OF THIRD COUNTRIES OR PARTS THEREOF [1]

[*] [**] [***] [****] [*****]

? = Certificates in accordance with the agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 114, 30.4.2002, p. 132).

— = No certificate laid down and fresh meat imports are prohibited (except for those species where indicated in the line for the whole country).

1 =

Category restrictions:

No offal authorised (except, in the case of bovine species, diaphragm and masseter muscles)."

Country | Code of territory | Description of territory | Veterinary certificate | Specific conditions | Closing date [2] | Opening date [3] |

Model(s) | SG |

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |

AL — Albania | AL-0 | Whole country | — | | | | |

AR — Argentina | AR-0 | Whole country | EQU | | | | |

AR-1 | The provinces of: Buenos Aires, Catamarca, Corrientes (except the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar), Entre Ríos, La Rioja, Mendoza, Misiones, part of Neuquén (excluding territory included in AR-4), part of Río Negro (excluding territory included in AR-4), San Juan, San Luis, Santa Fe, Tucuman, Cordoba, La Pampa, Santiago del Estero, Chaco Formosa, Jujuy and Salta, excluding the buffer area of 25 km from the border with Bolivia and Paraguay that extends from the Santa Catalina District in the Province of Jujuy, to the Laishi District in the Province of Formosa | BOV | A | 1 | | 18 March 2005 |

RUF | A | 1 | | 1 December 2007 |

AR-2 | Chubut, Santa Cruz and Tierra del Fuego | BOV, OVI, RUW, RUF | | | | 1 March 2002 |

AR-3 | Corrientes: the departments of Berón de Astrada, Capital, Empedrado, General Paz, Itati, Mbucuruyá, San Cosme and San Luís del Palmar | BOV, RUF | A | 1 | | 1 December 2007 |

AR-4 | Part of Río Negro (except: in Avellaneda the zone located north of the Provincial road 7 and east of the Provincial road 250, in Conesa the zone located east of the Provincial road 2, in El Cuy the zone located north of the Provincial road 7 from its intersection with the Provincial road 66 to the border with the Department of Avellaneda, and in San Antonio the zone located east of the Provincial roads 250 and 2) Part of Neuquén (except in Confluencia the zone located east of the Provincial road 17, and in Picun Leufú the zone located east of the Provincial road 17) | BOV, OVI, RUW, RUF | | | | 1 August 2008 |

AU — Australia | AU-0 | Whole country | BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW | | | | |

BA — Bosnia Herzegovina | BA-0 | Whole country | — | | | | |

BH — Bahrain | BH-0 | Whole country | — | | | | |

BR — Brazil | BR-0 | Whole country | EQU | | | | |

BR-1 | Part of the State of Minas Gerais (except regional delegations of Oliveira, Passos, S?o Gon?alo de Sapucai, Setelagoas and Bambuí), State of Espíritu Santo, State of Goias Part of the State of Mato Grosso comprising the regional units of: Cuiaba (except for the municipalities of San Antonio de Leverger, Nossa Senhora do Livramento, Pocone and Bar?o de Melga?o),Caceres (except for the municipality of Caceres),Lucas do Rio Verde,Rondonopolis (except for the municipality of Itiquiora),Barra do Gar?a,Barra do Burgres,State of Rio Grande do Sul | BOV | A and H | 1 | | 31 January 2008 |

BR-2 | State of Santa Catarina | BOV | A and H | 1 | | 31 January 2008 |

BR-3 | States of Paraná and S?o Paulo | BOV | A and H | 1 | | 1 August 2008 |

BW — Botswana | BW-0 | Whole country | EQU, EQW | | | | |

BW-1 | The veterinary disease control zones 3c, 4b, 5, 6, 8, 9 and 18 | BOV, OVI, RUF, RUW | F | 1 | | 1 December 2007 |

BW-2 | The veterinary disease control zones 10, 11, 12, 13 and 14 | BOV, OVI, RUF, RUW | F | 1 | | 7 March 2002 |

BY — Belarus | BY-0 | Whole country | — | | | | |

BZ — Belize | BZ-0 | Whole country | BOV, EQU | | | | |

CA — Canada | CA-0 | Whole country | BOV, OVI, POR, EQU, SUF, SUW RUF, RUW, | G | | | |

CH — Switzerland | CH-0 | Whole country | ? | | | | |

CL — Chile | CL-0 | Whole country | BOV, OVI, POR, EQU, RUF, RUW, SUF | | | | |

CN — China | CN-0 | Whole country | — | | | | |

CO — Colombia | CO-0 | Whole country | EQU | | | | |

CR — Costa Rica | CR-0 | Whole country | BOV, EQU | | | | |

CU — Cuba | CU-0 | Whole country | BOV, EQU | | | | |

DZ — Algeria | DZ-0 | Whole country | — | | | | |

ET — Ethiopia | ET-0 | Whole country | — | | | | |

FK — Falkland Islands | FK-0 | Whole country | BOV, OVI, EQU | | | | |

GL — Greenland | GL-0 | Whole country | BOV, OVI, EQU, RUF, RUW | | | | |

GT — Guatemala | GT-0 | Whole country | BOV, EQU | | | | |

HK — Hong Kong | HK-0 | Whole country | — | | | | |

HN — Honduras | HN-0 | Whole country | BOV, EQU | | | | |

HR — Croatia | HR-0 | Whole country | BOV, OVI, EQU, RUF, RUW | | | | |

IL — Israel | IL-0 | Whole country | — | | | | |

IN — India | IN-0 | Whole country | — | | | | |

IS — Iceland | IS-0 | Whole country | BOV, OVI, EQU, RUF, RUW | | | | |

KE — Kenya | KE-0 | Whole country | — | | | | |

MA — Morocco | MA-0 | Whole country | EQU | | | | |

ME — Montenegro | ME-0 | Whole country | BOV, OVI, EQU | | | | |

MG — Madagascar | MG-0 | Whole country | — | | | | |

MK — former Yugoslav Republic of Macedonia [4] | MK-0 | Whole country | OVI, EQU | | | | |

MU — Mauritius | MU-0 | Whole country | — | | | | |

MX — Mexico | MX-0 | Whole country | BOV, EQU | | | | |

NA — Namibia | NA-0 | Whole country | EQU, EQW | | | | |

NA-1 | South of the cordon fences which extend from Palgrave Point in the west to Gam in the east | BOV, OVI, RUF, RUW | F | 1 | | |

NC — New Caledonia | NC-0 | Whole country | BOV, RUF, RUW | | | | |

NI — Nicaragua | NI-0 | Whole country | — | | | | |

NZ — New Zealand | NZ-0 | Whole country | BOV, OVI, POR, EQU, RUF, RUW, SUF, SUW | | | | |

PA — Panama | PA-0 | Whole country | BOV, EQU | | | | |

PY — Paraguay | PY-0 | Whole country | EQU | | | | |

PY-1 | Whole country except for the designated high surveillance zone of 15 km from the external borders | BOV | A | 1 | | 1 August 2008 |

RS — Serbia [5] | RS-0 | Whole country | BOV, OVI, EQU | | | | |

RU — Russian Federation | RU-0 | Whole country | — | | | | |

RU-1 | Region of Murmansk, Yamolo-Nenets autonomous area | RUF | | | | |

SV — El Salvador | SV-0 | Whole country | — | | | | |

SZ — Swaziland | SZ-0 | Whole country | EQU, EQW | | | | |

SZ-1 | Area west of the "red line" fences which extends northwards from the river Usutu to the frontier with South Africa west of Nkalashane, | BOV, RUF, RUW | F | 1 | | |

SZ-2 | The veterinary foot-and-mouth surveillance and vaccination control areas as gazetted as a Statutory Instrument under legal notice number 51 of 2001 | BOV, RUF, RUW | F | 1 | | 4 August 2003 |

TH — Thailand | TH-0 | Whole country | — | | | | |

TN — Tunisia | TN-0 | Whole country | — | | | | |

TR — Turkey | TR-0 | Whole country | — | | | | |

TR-1 | The provinces of Amasya, Ankara, Aydin, Balikesir, Bursa, Cankiri, Corum, Denizli, Izmir, Kastamonu, Kutahya, Manisa, Usak, Yozgat and Kirikkale | EQU | | | | |

UA — Ukraine | UA-0 | Whole country | — | | | | |

US — United States | US-0 | Whole country | BOV, OVI, POR, EQU, SUF, SUW,RUF, RUW | G | | | |

UY — Uruguay | UY-0 | Whole country | EQU | | | | |

BOV | A | 1 | | 1 November 2001 |

OVI | A | 1 | | |

ZA — South Africa | ZA-0 | Whole country | EQU, EQW | | | | |

ZA-1 | The whole country except: the part of the foot-and-mouth disease control area situated in the veterinary regions of Mpumalanga and northern provinces, in the district of Ingwavuma of the veterinary region of Natal and in the border area with Botswana east of longitude 28°, andthe district of Camperdown, in the province of KwaZuluNatal | BOV, OVI, RUF, RUW | F | 1 | | |

ZW — Zimbabwe | ZW-0 | Whole country | — | | | | |

[*] Without prejudice to specific certification requirements provided for in Community agreements with third countries.

[**] Meat from animals slaughtered on or before the date indicated in column 7 can be imported into the Community for 90 days from that date.Consignments on the high seas can be imported into the Community if certified before the date indicated in column 7 for 40 days from that date.(NB: no date in column 7 means that there are no time restrictions).

[***] Only meat from animals slaughtered on or after the date indicated in column 8 can be imported into the Community (no date in column 8 means that there are no time restrictions).

[****] The former Yugoslav Republic of Macedonia; provisional code that does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject in the United Nations.

[*****] Not including Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.

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