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Commission Regulation (EU) No 241/2010 of 8 March 2010 amending Annex I to Regulation (EC) No 798/2008 as regards the inclusion of Belarus in the list of third countries set out in that Regulation in order to permit transit from Belarus through the Union of eggs and egg products for human consumption and modifying certification for day-old chicks of poultry other than ratites (Text with EEA relevance)

EU Regulation No 241/2010 · Adopted 8 March 2010 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Regulation (EU) No 241/2010

of 8 March 2010

amending Annex I to Regulation (EC) No 798/2008 as regards the inclusion of Belarus in the list of third countries set out in that Regulation in order to permit transit from Belarus through the Union of eggs and egg products for human consumption and modifying certification for day-old chicks of poultry other than ratites

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggsf1, and in particular Article 26(2) thereof,

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 consumptionf2 and in particular Article 8 and Article 9(4) thereof,

Whereas:

(1)

Directive 2009/158/EC lays down the animal health conditions governing trade within the Union and imports from third countries of, poultry and hatching eggs and provides for model certificates for imports of these commodities.

(2)

Directive 2002/99/EC lays down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption and provides for establishing specific rules and certification for transit.

(3)

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 requirementsf3 provides that the commodities covered by it are only to be imported into and transited through the Union from the third countries, territories, zones or compartments listed in the table in Part 1 of Annex I thereto. It also lays down the veterinary certification requirements for such commodities. The models of the veterinary certificates to accompany them are set out in Part 2 of that Annex.

(4)

Belarus is currently not listed in Part 1 of Annex I to Regulation (EC) No 798/2008. It has requested to be included in that list and has submitted information to the Commission concerning its compliance with the requirements of that Regulation.

(5)

The Commission has taken a positive view of the information submitted by Belarus as regards the animal health conditions in that third country required for transit of eggs and egg products for human consumption through the Union. Therefore, it is appropriate to include that third country in the list set out in Part 1 of Annex I to Regulation (EC) No 798/2008. However, pending the outcome of an inspection to be carried out by the Food and Veterinary Office in Belarus, the inclusion in the list should be limited to the transit of eggs and egg products for human consumption from that third country through the Union with the final destination in other third countries as the animal health risk from such introduction is very low. Such authorisation should be granted subject to the additional guarantee that the transit is carried out by road or by rail in lorries or railway wagons which have been sealed with a serially numbered seal.

(6)

As this is intended to be an interim measure it should only remain in force for 18 months from the date of entry into force.

(7)

The entry for Belarus should therefore be inserted in the list in Part 1 of Annex I to Regulation (EC) No 798/2008 and a new entry in the section ‘Additional guarantees’ in Part 2 of Annex I should be added.

(8)

Experience has shown that certification of the animal health conditions of day-old chicks by the official veterinarian at the time of consignment for imports into the Union can pose practical problems to third country competent authorities.

(9)

In order to take into account the production practices and certification procedures while ensuring that the necessary animal health conditions continue to be met, the model veterinary certificate for day-old chicks in Part 2 of Annex I should be modified.

(10)

Annex I to Regulation (EC) No 798/2008 should therefore be amended accordingly.

(11)

It is appropriate to provide for a transitional period to permit Member States and industry to take the necessary measures to comply with the applicable veterinary certification requirements provided for in this Regulation.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 343, 22.12.2009, p. 74.

f2

OJ L 18, 23.1.2003, p. 11.

f3

OJ L 226, 23.8.2008, p. 1.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Annex Annex

1

Annex I to Regulation (EC) No 798/2008 is amended in accordance with the Annex to this Regulation.

2

Commodities in respect of which the relevant veterinary certificates have been issued in accordance with Regulation (EC) No 798/2008 may continue to be imported into or transited through the Union until 1 June 2010.

3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 March 2010.

For the Commission

The President

José Manuel Barroso

Annex I to Regulation (EC) No 798/2008 is amended as follows:

  1. 1..

    Part 1 is replaced by the following:

    ‘PART 1

    List of third countries, territories, zones or compartments

    Commodities, including those transported on the high seas, produced before this date may be imported into the Union during a period of 90 days from this date.

    Only commodities produced after this date may be imported into the Union.

    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).

    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.

    ISO code and name of third country or territoryCode of third country, territory, zone or compartmentDescription of third country, territory, zone or compartmentVeterinary certificateSpecific conditionsSpecific conditionsAvian influenza surveillance statusAvian influenza vaccination statusSalmonella control status
    Model(s)Additional guaranteesClosing datef1 Opening datef2
    1234566A6B789
    AL — AlbaniaAL-0Whole countryEP, ES4
    AR — ArgentinaAR-0Whole countrySPF
    POU, RAT, EP, EAS4
    WGMVIII
    AU — AustraliaAU-0Whole countrySPF
    EP, ES4
    BPP, DOC, HEP, SRPS0
    BPRI
    DORII
    HERIII
    POUVI
    RATVII
    BR — BrazilBR-0Whole countrySPF
    BR-1

    States of:

    Rio Grande do Sul, Santa Catarina, Paraná, São Paulo and Mato Grosso do Sul

    RAT, BPR, DOR, HER, SRANA
    BR-2

    States of:

    Mato Grosso, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

    BPP, DOC, HEP, SRPNS0
    BR-3

    Distrito Federal and States of:

    Goiás, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Paraná, Rio Grande do Sul, Santa Catarina and São Paulo

    WGMVIII
    EP, E, POUNS4
    BW — BotswanaBW-0Whole countrySPF
    EP, ES4
    BPRI
    DORII
    HERIII
    RATVII
    BY — BelarusBY-0Whole countryEP and E (both “only for transit through the EU”)IX
    CA — CanadaCA-0Whole countrySPF
    EP, ES4
    BPR, BPP, DOR, HER, SRA, SRPNAS1
    DOC, HEPL, N
    WGMVIII
    POU, RATN
    CH — SwitzerlandCH-0Whole country f3 A
    CL — ChileCL-0Whole countrySPF
    EP, ES4
    BPR, BPP, DOC, DOR, HEP, HER, SRA, SRPNAS0
    WGMVIII
    POU, RATN
    CN — ChinaCN-0Whole countryEP
    CN-1Province of ShandongPOU, EVIP26.2.2004—S4
    GL — GreenlandGL-0Whole countrySPF
    EP, WGM
    HK — Hong KongHK-0The whole territory of the Hong Kong Special Administrative RegionEP
    HR — CroatiaHR-0Whole countrySPF
    BPR, BPP, DOR, DOC, HEP, HER, SRA, SRPNAS2
    EP, E, POU, RAT, WGMN
    IL — IsraelIL-0Whole countrySPF
    BPR, BPP, DOC, DOR, HEP, HER, SRPNAS1
    WGMVIII
    EP, E, POU, RATNS4
    IN — IndiaIN-0Whole countryEP
    IS — IcelandIS-0Whole countrySPF
    EP, ES4

    KR —

    Republic of Korea

    KR-0Whole countryEP, ES4
    ME — MontenegroME-OWhole countryEP
    MG — MadagascarMG-0Whole countrySPF
    EP, E, WGMS4
    MY — MalaysiaMY-0——
    MY-1Western PeninsularEP
    EP26.2.2004S4

    MK —

    former Yugoslav Republic of Macedoniaf4

    MK-0 Whole countryEP
    MX — MexicoMX-0Whole countrySPF
    EP
    NA — NamibiaNA-0Whole countrySPF
    BPRI
    DORII
    HERIII
    RAT, EP, EVIIS4

    NC —

    New Caledonia

    NC-0Whole countryEP
    NZ — New ZealandNZ-0Whole countrySPF
    BPR, BPP, DOC, DOR, HEP, HER, SRA, SRPS0
    WGMVIII
    EP, E, POU, RATS4

    PM —

    Saint Pierre and Miquelon

    PM-0Whole territorySPF
    RS — Serbiaf5 RS-0 Whole countryEP
    RU — RussiaRU-0Whole countryEP
    SG — SingaporeSG-0Whole countryEP
    TH — ThailandTH-0Whole countrySPF, EP
    WGMVIIIP223.1.2004
    E, POU, RATP223.1.2004S4
    TN — TunisiaTN-0Whole countrySPF
    DOR, BPR, BPP, HERS1
    WGMVIII
    EP, E, POU, RATS4
    TR — TurkeyTR-0Whole countrySPF
    EP, ES4
    US — United StatesUS-0Whole countrySPF
    BPR, BPP, DOC, DOR, HEP, HER, SRA, SRPNAS3
    WGMVIII
    EP, E, POU, RATNS4
    UY — UruguayUY-0Whole countrySPF
    EP, E, RATS4
    ZA — South AfricaZA-0Whole countrySPF
    EP, ES4
    BPRIA
    DORII
    HERIII
    RATVII
    ZW — ZimbabweZW-0Whole countryRATVII
    EP, ES4

    ’

  2. 2..

    Part 2 is amended as follows:

    1. (a)

      In the section ‘Additional guarantees (AG)’ the following entry is added:

       “IX”
    2. ‘only transit through the Union of consignments of eggs and egg products for human consumption originating in Belarus and destined for other third countries shall be permitted subject to the condition that the transit is carried out by road or by rail in lorries or in railway wagons which have been sealed with a serially numbered seal. This authorisation for transit is time limited only until [dd/mm/yyyy — 18 months from date of entry into force].’

    3. (b)

      The model veterinary certificate DOC is replaced by the following:

      ‘ Model veterinary certificate for day-old chicks FORM than of ratites

      (DOC) ’