Import av matvarer fra Canada: forenklet prosedyre for godkjenning av eksportbedrifter
(Utkast) Kommisjonens gjennomføringsbeslutning om en forenklet prosedyre for endringer av listen over virksomheter i Canada fra hvilke det er tillatt for medlemsstanene å importere matvarer som er godkjent av Unionen og Canada som ekvivalente
(Draft) Commission Implementing Decision on a simplified procedure for amending the list of establishments in Canada from which the Member States are authorised to import commodities for human consumption for which equivalence has been agreed between the Union and Canada
Utkast til kommisjonsbeslutning godkjent av komite (representanter for medlemslandene) 13.12.2016
Nærmere omtale
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) The European Community and the Government of Canada concluded on 17 December 1998, an Agreement on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (the Agreement) with the objective to facilitate bilateral trade, inter alia, by establishing a mechanism for the recognition of equivalence of sanitary measures. The Agreement was approved on behalf of the Community by Decision 1999/201/EC.
(2) Article 3 of Decision 1999/201/EC provides that that the measures necessary for the implementation of the Agreement, including guarantees with regard to fresh meat equivalent to those laid down in Council Directive 72/462/EEC , are to be established pursuant to the procedure laid down in Article 30 of that Directive. In addition, Article 4 of Decision 1999/201/EC provides that amendments to the Annexes to the Agreement, which are the result of recommendations of the Joint Management Committee, are to be adopted in accordance with the procedure laid down in Article 29 of Directive 72/462/EEC. Decision 72/462/EEC was later repealed by Council Directive 2004/68/EC . Recital 10 of Directive 2004/68/EC states that the public health rules which apply to meat and meat products by virtue of 72/462/EEC were replaced by those of Regulation (EC) No 854/2004 of the European Parliament and of the Council .
(3) Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin intended for human consumption. Pursuant to Article 12(1) of that Regulation, products of animal origin may, as a general rule, only be imported into the Union if they have been dispatched from, and obtained or prepared in, establishments that appear on lists updated in accordance with that Article. Article 12(2) of Regulation (EC) No 854/2004 sets out the conditions that the establishments are required to meet in order to be listed. The fulfilment of those conditions has to be guaranteed by the competent authority of the third country concerned.
(4) Article 12(4) of Regulation (EC) No 854/2004 lays down a procedure for updating the lists of establishments from which imports are permitted, which spans a minimum period of 30 working days. However, a simplified procedure for amending third country lists of establishments by shortening the 30 working day period would reduce the administrative burden and therefore facilitate trade and the implementation of the Agreement.
(5) Annex V to the Agreement, for which Commission Decision 2013/397/EC approved the most recent amendments, lists products in respect of which equivalence has been agreed, based on the evaluation of requirements which include the approval or registration and control of establishments. The products of which equivalence has been agreed are, inter alia, fresh meat and fish and fishery products for human consumption.
(6) In circumstances where equivalence has been recognised, the exporting Party's measures achieve the importing Party's appropriate level of sanitary protection. To date, equivalence has been agreed for the requirements with respect to public health, as laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council , Regulation (EC) No 853/2004 of the European Parliament and of the Council and Regulation (EC) No 854/2004 for fresh meat, and also in Regulations (EC) No 852/2004, No 853/2004 and No 854/2004 and Commission Regulation (EC) No 2073/2005 for fish and fishery products for human consumption.
(7) The Joint Management Committee, at its meeting on 17-18 November 2016, issued a recommendation stating that the guarantees provided by the Canadian Competent Authority are sufficient to ensure compliance with the requirements laid down in Article 12(2) of Regulation (EC) No 854/2004, such that it is not necessary to initiate the procedure referred to in Article 12(4) of that Regulation. Rather, in the case of fresh meat and fish and fishery products for human consumption, it is appropriate to operate a simplified procedure for amending the lists of establishments.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.
(1) The European Community and the Government of Canada concluded on 17 December 1998, an Agreement on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (the Agreement) with the objective to facilitate bilateral trade, inter alia, by establishing a mechanism for the recognition of equivalence of sanitary measures. The Agreement was approved on behalf of the Community by Decision 1999/201/EC.
(2) Article 3 of Decision 1999/201/EC provides that that the measures necessary for the implementation of the Agreement, including guarantees with regard to fresh meat equivalent to those laid down in Council Directive 72/462/EEC , are to be established pursuant to the procedure laid down in Article 30 of that Directive. In addition, Article 4 of Decision 1999/201/EC provides that amendments to the Annexes to the Agreement, which are the result of recommendations of the Joint Management Committee, are to be adopted in accordance with the procedure laid down in Article 29 of Directive 72/462/EEC. Decision 72/462/EEC was later repealed by Council Directive 2004/68/EC . Recital 10 of Directive 2004/68/EC states that the public health rules which apply to meat and meat products by virtue of 72/462/EEC were replaced by those of Regulation (EC) No 854/2004 of the European Parliament and of the Council .
(3) Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin intended for human consumption. Pursuant to Article 12(1) of that Regulation, products of animal origin may, as a general rule, only be imported into the Union if they have been dispatched from, and obtained or prepared in, establishments that appear on lists updated in accordance with that Article. Article 12(2) of Regulation (EC) No 854/2004 sets out the conditions that the establishments are required to meet in order to be listed. The fulfilment of those conditions has to be guaranteed by the competent authority of the third country concerned.
(4) Article 12(4) of Regulation (EC) No 854/2004 lays down a procedure for updating the lists of establishments from which imports are permitted, which spans a minimum period of 30 working days. However, a simplified procedure for amending third country lists of establishments by shortening the 30 working day period would reduce the administrative burden and therefore facilitate trade and the implementation of the Agreement.
(5) Annex V to the Agreement, for which Commission Decision 2013/397/EC approved the most recent amendments, lists products in respect of which equivalence has been agreed, based on the evaluation of requirements which include the approval or registration and control of establishments. The products of which equivalence has been agreed are, inter alia, fresh meat and fish and fishery products for human consumption.
(6) In circumstances where equivalence has been recognised, the exporting Party's measures achieve the importing Party's appropriate level of sanitary protection. To date, equivalence has been agreed for the requirements with respect to public health, as laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council , Regulation (EC) No 853/2004 of the European Parliament and of the Council and Regulation (EC) No 854/2004 for fresh meat, and also in Regulations (EC) No 852/2004, No 853/2004 and No 854/2004 and Commission Regulation (EC) No 2073/2005 for fish and fishery products for human consumption.
(7) The Joint Management Committee, at its meeting on 17-18 November 2016, issued a recommendation stating that the guarantees provided by the Canadian Competent Authority are sufficient to ensure compliance with the requirements laid down in Article 12(2) of Regulation (EC) No 854/2004, such that it is not necessary to initiate the procedure referred to in Article 12(4) of that Regulation. Rather, in the case of fresh meat and fish and fishery products for human consumption, it is appropriate to operate a simplified procedure for amending the lists of establishments.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.