DECISION No 1/2005 OF THE EC-ANDORRA JOINT COMMITTEE

of 10 October 2005

(2005/867/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra (1), signed in Luxembourg on 28 June 1990, and in particular Article 17 thereof,

Having regard to the protocol on veterinary matters supplementary to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra (2), signed in Brussels on 15 May 1997, and in particular Article 2 thereof,

Whereas:

At its meeting in Andorra on 25 and 26 January 2005 the veterinary subgroup of the EC-Andorra Joint Committee, set up in accordance with Article 2 of the protocol on veterinary matters supplementary to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra recommended the adoption of an additional list of Community veterinary provisions to be applied by Andorra, in addition to the Community veterinary legislation set out in Decisions No 2/1999 (3), 1/2001 (4) and 2/2003 (5) of the EC-Andorra Joint Committee. The transposition and implementation by Andorra of the Community veterinary legislation set out in that list should take place within 18 months from the date of adoption of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

1. Andorra shall transpose and apply the Community provisions set down in the Annex to this Decision within 18 months of the date of adoption of this Decision.

2. As regards Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (6), Andorra shall only be required to transpose and apply the provisions concerning food safety. The participation of Andorra in the rapid alert system established by Article 50(6) of that Regulation shall be opened from the date of transposition into Andorran legislation and implementation of the abovementioned measures.

3. Andorra shall transmit lists of approved establishments in accordance with Article 31 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (7), to the Commission and the competent authority of the Member States.

4. Establishments in Andorra shall be subject to Community inspections in the same manner as establishments in the Community, pursuant to Article 45 of Regulation (EC) No 882/2004. Andorra shall submit for approval its official controls plan, as provided for in Title V of that Regulation, to the veterinary subgroup set up in accordance with Article 2 of the Protocol on veterinary matters. Later updates of its plan shall be notified to and approved by the Commission which shall inform Member States within the Standing Committee on the Food Chain and Animal Health.

5. As regards non commercial movements of pets, and for implementing the official control isolation measure foreseen under point (b) of the third subparagraph in Article 14 of Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (8), Andorra shall conclude an agreement with France and Spain. For implementing the measure under Article 15 of that same Regulation, Andorra shall use laboratories designated by Commission Decision 2004/233/EC of 4 March 2004 authorising laboratories to check the effectiveness of vaccination against rabies in certain domestic carnivores (9). In Section 2 of Part B of Annex II of the said Regulation Andorra shall be deleted from the list and shall be introduced in Section 1 of Part B of Annex II.

Article 2

This Decision shall enter into force on 1 November 2005.

(1) OJ L 374, 31.12.1990, p. 14.

(2) OJ L 148, 6.6.1997, p. 16.

(3) OJ L 31, 5.2.2000, p. 84.

(4) OJ L 33, 2.2.2002, p. 35.

(5) OJ L 269, 21.10.2003, p. 28.

(6) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4)

(7) OJ L 165, 30.4.2004, p. 1.

(8) OJ L 146, 13.6.2003, p. 1. Regulation as last amended by Regulation (EC) No 1193/2005 (OJ L 194, 26.7.2005, p. 4).

(9) OJ L 71, 10.3.2004, p. 30. Decision as last amended by Decision 2005/656/EC (OJ L 241, 17.9.2005, p. 63).