Commission Decision

of 4 May 2005

approving on behalf of the European Community amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products

(notified under document number C(2005) 1369)

(Text with EEA relevance)

(2005/405/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products [1], and in particular the third paragraph of Article 4 thereof,

Whereas:

(1) The Community standard testing method for Enterobacteriaceae and Total Viable Count in meat has been recognised as equivalent to the US testing method for Escherichia coli.

(2) The Community and the US have conducted negotiations on an additional set of audit guidelines including guidelines on animal health investigations. These negotiations led to a text for those guidelines which is agreed by both Parties.

(3) The Joint Management Committee for the Agreement (the Committee) issued recommendations concerning the determination of equivalence between the two testing methods and concerning the adoption of additional audit guidelines. As a result of these recommendations it is appropriate to amend Annexes V and VI and footnote (1) to the Agreement.

(4) Those amendments should be approved on behalf of the Community.

(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:

Article 1

Pursuant to the recommendations made by the Joint Management Committee established under Article 14 of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, the amendments to point 6 of Annex V, to Annex VI, and to footnote (1) to the said Agreement are hereby approved on behalf of the European Community.

The text of the Agreement in the form of an Exchange of Letters, including the amendments to point 6 of Annex V, to footnote (1) and to Annex VI to the Agreement, is attached to this Decision.

Article 2

The Director-General for Health and Consumer Protection is hereby empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Article 3

This Decision shall apply from the first day of the month following the month in which the United States of America notifies the Commission in writing that its internal procedures for the approval of the amendments referred to in Article 1 have been completed.

Done at Brussels, 4 May 2005.

For the Commission

Markos Kyprianou

Member of the Commission

[1] OJ L 118, 21.4.1998, p. 1. Decision last amended by Commission Decision 2003/833/EC (OJ L 316, 29.11.2003, p. 20).

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