COMMISSION IMPLEMENTING DECISION. of XXX. (Text with EEA relevance)

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1 EUROPEAN COMMISSION Brussels, XXX SANCO/12230/2014 CIS (POOL/G2/2014/12230/12230-EN CIS.doc) [ ](2014) XXX draft COMMISSION IMPLEMENTING DECISION of XXX establishing specific transitional measures for the introduction into the European Union of food of animal origin not in conformity with the Union health import requirements destined to EXPO 2015 (Text with EEA relevance) EN EN

2 COMMISSION IMPLEMENTING DECISION of XXX establishing specific transitional measures for the introduction into the European Union of food of animal origin not in conformity with the Union health import requirements destined to EXPO 2015 (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 Article 8(5) third paragraph, Article 9(2) b) thereof, Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and in particular Article 9 second paragraph thereof 2, Having regard to Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC and in particular the fourth subparagraph of Article 29(1) thereof 3, Whereas: (1) 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 establishes the requirements for authorising third countries to export products of animal origin to the Union and also establishes the principles for the animal health import certificates for such products. As a result, the implementing legislation based on that Directive establishes lists of third countries authorised to export products of animal origin to the Union and the relevant animal health certification. (2) Regulation (EC) No 853/2004 lays down specific hygiene rules for food of animal origin and establishes the hygiene requirements applicable to all stages of production and placing on the market for such food. Article 6 of this Regulation establishes specific rules for products of animal origin destined to be imported into the EU. (3) Directive 96/23/EC lays down measures to monitor the substances and groups of residues listed in Annex I thereto. That Directive requires that third countries from which Member States are authorised to import animals and animal products covered by that Directive submit a residue monitoring plan providing required guarantees. That OJ L 18, , p. 11. OJ L 139, , p. 55. OJ L 125, , p EN 2 EN

3 plan should at least include the groups of residues and substances listed in that Annex I. (4) The fourth subparagraph of point 1 of Article 29 of the above Directive allows for the Commission, in deciding whether to permit the import of food of animal origin from a third country, to accept guarantees other than those resulting from the implementation of this Directive. Such guarantees could take the form of a veterinary certificate. (5) Italy will host the universal exposition named EXPO 2015 which will take place in Milan from 1 st of May to 31 October The central theme of this exposition is Feeding the planet Energy for life. It is foreseen that about 150 countries will attend the EXPO 2015 and, in relation with the theme, it is forseeable that third countries will have the need to introduce in the exposition area their food products, including products of animal origin. (6) Not all the third countries taking part to the exposition are authorised to introduce into the Union products of animal origin for animal and/or public health reasons. Therefore products of animal origin from such third countries do not respect animal and/or public health import requirements established at Union level. (7) The introduction of such products of animal origin into the Union could constitute therefore a risk for animal and public health. In fact those products cannot respect all the requirements established in order to protect animal health and/or the health of consumers in the Union. (8) Considering the risk of introduction of animal diseases, the most dangerous products of animal origin such as fresh meat and meat products, milk and milk products and other products of animal origin, are only allowed to transit through the Union on the condition that they leave to a third country, if they fulfill the animal health import requirements laid down in the relevant Union legislation. Similarily, only such products of animal origin which fulfill the Union animal health import requirements should be authorised to transit through the Union to enter EXPO (9) Considering the risks involved with the introduction into the Union of products of animal origin not in conformity with the Union public health requirements and, on the other hand, the need to allow the countries attending the exposition to give visibility to their food production, the Italian competent authorities have provided an action plan aimed at avoiding that the above mentioned risks can affect the Union health status. (10) Considering the public health risks linked to certain products of animal origin such as bivalve molluscs, the introduction of such products shall only be allowed to enter EXPO 2015 if they fulfill the public health import requirements laid down in the relevant Union legislation. (11) The Italian Competent Authority has given guarantees that non conforming products of animal origin will be subject to strict control measures and traceability in all steps of transport, storage, deliver and disposal of waste and that such products will be used only for the purposes of EXPO, preventing their marketing in the Union. (12) These control measures include the authorisation for temporary import as referred to in Article 137 of Regulation (EEC) No 2913/92 4. After the veterinary checks required in Directive 97/78/EC, such non conform products destined to the EXPO 2015 should be placed under the customs procedure temporary admission as provided for by Article 4 Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, OJ L 302, , p. 1 EN 3 EN

4 576(1) of Regulation (EC) No 2454/93 5 until they are completely consumed or destroyed at EXPO (13) The above control measures include as well transport to and storage, if necessary, in specifically approved customs warehouses as provided for by Articles 12 and 13 of Directive 97/78/EC 6, before the final delivery to EXPO (14) The Italian authorities should also provide information to the visitors of and to the staff working in EXPO 2015 that certain products of animal origin originating from countries outside the EU do not comply with EU public health standards but only to those of the relevant third countries of origin and that the consumption and marketing of such products is forbidden outside of the EXPO 2015 circuit. (15) It is therefore opportune to lay down special measures for the introduction into the EU of food of animal origin non conforming to the Union health import requirements in order to allow the introduction of those products from the countries attending the exposition and limiting the health risks connected with those introductions. (16) Those measures should ensure that all products of animal origin which do not fulfill the Union import health requirements are subject to strict measures as regards their control, traceability and destruction or re-export after their intended use. (17) Italy should ensure that all the measures provided for in their action plan are fully implemented and should inform the Commission and the other Member states of the Union about any problem which shoud occur in the implementing actions. (18) As the EXPO 2015 will be a temporary event, the effect of the measures provided for in this Decision should be limited in time and expire at the end of the exposition. The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, HAS ADOPTED THIS DECISION: Article 1 Subject matter and scope This Decision lays down special conditions for the introduction of food of animal origin not in conformity with the Union health import requirements destined to EXPO 2015 area as described in Annex I. Article 2 Requirements of the products destined to EXPO Member States shall authorise the introduction of consignments of products of animal origin or food containing those products referred to in paragraph 2 from third countries or establishments not authorised to export such products or food containing such products to the Union only for the purpose of their use in the EXPO 2015 in the territory described in Annex I if they: 5 6 Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code,OJ L 253, , p. 1 Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, OJ L 24, , p. 9 EN 4 EN

5 (a) (b) come from a third country taking officially part to EXPO 2015 and which has the availibility of a structure in that exposition fit for their storage and handling; are packaged in sealed container(s) that does not allow any leackage of the content and are marked with the following wording for exclusive destination EXPO 2015 in red and white color of a dimension proportionate to their dimension. 2. the products of animal origin or the food containing those products: (a) (b) are listed in Annex II and: (i) (ii) are authorised for transit through the Union in application of the legislation mentioned in Annex II for each product, and are accompanied by the veterinary certificate for transit/storage established in the legislation mentioned in Annex II for each product and (iii) are accompanied by the veterinary certificate in Annex III and (iv) are authorised for temporary importation as referred to in Article 137 of Regulation (EEC) No 2913/92. if not listed in Annex II, with the exception of bivalve molluscs in any form, for which the current EU import legislation entirely applies, are accompanied by the veterinary certificate in Annex III and the authorisation for temporary importation. Article 3 Controls upon introduction and procedures for transport to the final destination 1. The consignments of products referred to in Article 2: (i) (ii) are introduced in the Union through an EU border inspection post post listed in Annex I to Decision 2009/821/EC 7 and are notified to the EU border inspection post of entry at least 2 working days before their arrival. 2. The border inspection posts of entry: (i) (ii) carry out a documentary and identity check as provided for in Directive 97/78/EC; verify that the consignments are destined to EXPO 2015 and to one of the third countries attending the exposition; (iii) issue a CVED in TRACES destined to the TRACES local veterinary unit Milano 1 - IT or to the TRACES unit responsible for a customs warehouse authorized by the Italian competent authorities in accordance with Article 12 and 13 of Directive 97/78/EC and listed in Annex I to this Decision; (iv) take all the measures in order to ensure that the consignments are sent directly to the EXPO 2015 in the territory or to a customs warehouse listed in Annex I to this Decision; 7 Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces, OJ L 296, , p 1 EN 5 EN

6 (v) shall permit the transit of food of animal origin from third countries not included in the Annex to Decision 2011/163/EU 8 provided that the consignments are sent directly to the EXPO 2015 in the territory or to a customs warehouse listed in Annex I to this Decision; (vi) shall reject or destroy products not conform to this Decision. 3. The border inspection post of entry and customs services shall ensure that the products are placed under the customs procedure referred to in point (f) of Article 4(16) of Regulation (EEC) No 2913/92 and as provided for by Article 576 (1) of Regulation (EC) No 2454/93 until they are consumed or destroyed at EXPO The border inspection posts responsible for the customs warehouses referred to in point 2(iii) shall ensure that the goods are sent from those customs warehouses directly to EXPO 2015 in the territory described in Annex I and that they are placed under the following channelling sanitary system: the consignments in question shall be dispatched to EXPO 2015 in the territory described in Annex I under the supervision of the competent authorities in vehicles or containers sealed by the competent authorities; the official veterinarian at the customs warehouses shall inform the local veterinary unit Milano 1 - IT at the EXPO 2015, via TRACES; the local veterinary unit Milano 1 - IT at the EXPO 2015 shall inform the official veterinarian at the customs warehouses of the arrival of consignments via TRACES; all data listed in Annex V to this Decision on the consignment received are recorded at the relevant customs warehouse. 5. The local veterinary unit Milano 1 - IT at EXPO 2015 in the territory described in Annex I to this Decision: (i) (ii) carries out a documentary and identity check at arrival of each consignment of products referred to in Article 2, and in particular verifies the integrity of the seals and the correspondence of the consignment received with the information in the CVED in TRACES; ensures that the consignment is effectively introduced in the EXPO 2015 in the territory described in Annex I; (iii) informs the border inspection post of entry or the border inspection post responsible for the customs warehouse of dispatch of the arrival and the integrity of the consignment at the EXPO 2015 territory by means of TRACES; (iv) records all data listed in Annex V to this Decision of the consignments received; (v) ensures that the food is only used for display and tasting on the spot. 8 OJ L 70, , p EN 6 EN

7 Article 4 Measures to be applied after introduction of products in the EXPO 2015 Once the consignments referred to in Article 2 are received in the EXPO 2015 in the territory described in Annex I, the competent authority at the local veterinary unit Milano 1 - IT provides for the following: 1. records all consignments in a register which includes all relevant data listed in Annex V and keeps such register updated with the use of the consignments; 2. ensures that the consignments do not represent evident alterations which may make them unfit for their proposed use; 3. seizes and destroys the consignments which, for any reason, cannot be considered as suitable for tasting on the spot; 4. identifies the person responsible for the consignment; 5. informs the responsible person of the obligations provided for in this Decision as regards the disposal of the consignments after their use for display or tasting on the spot; 6. identifies all the places in EXPO 2015, where the consignment will be displayed or used for tasting on the spot; 7. provides full traceability of the consignments within EXPO 2015; 8. implements measure to guarantee that the products can be used exclusively for display or tasting on the spot; 9. ensures no product is to be sold or provided to EXPO 2015 visitors and EXPO 2015 staff for other purpose than the ones listed in point (8); 10. provides that all parts of the consignments not used for the purposes listed in point (8) are collected and re-exported or disposed as category 1 material in accordance with the requirements laid down in Regulation (EC) No 1069/2009; 11. ensures that the special containers parts of consignments described in point (10) can leave the EXPO 2015 only, if hermetically sealed and destined to a category 1 destruction plant; 12. at the end of EXPO 2015, shall send a communication to the competent customs authorities by giving details on these products (consumption, disposal) that will be used to discharge the declarations of the products previously placed under the customs procedure referred to in point (f) of Article 4(16) of Regulation (EEC) No 2913/92. Article 5 Measures to be applied by the organisers and operators of EXPO The EXPO 2015 S.p.A. shall: (a) give logistical support to the competent authorities in charge of the implementation of this Decision in particular on those aspects related with the storage of the goods referred to in Article 2 and the measures provided for in Article 3 (5) ii); EN 7 EN

8 (b) (c) (d) (e) identify all the operators present in the EXPO 2015, who will be subject to the measures provided for in this Decision, and make available to the local competent authorities updated lists of those operators; identify for each operator a person responsible for the implementation of this Decision; provide under the request and supervision of the competent authorities separated spaces and appropriate means dedicated to the storage of the goods referred to in Article 2 not used for the purposes in Article 4(8) and (9); provide logistical support for the transport of the materials above to structures where they can be treated as provided for in Article 4 (10) and (11). 2. The operators of EXPO 2015 shall: (a) (b) (c) ensure that the use of the products referred to in Article 2 is limited to the provision in Article 4(8); inform the competent authorities of any problem arising; ensure that any product referred to in Article 2 not used for the purposes in Article 4(8) is recorded and sent to disposal or re-export as provided for in Article 4 (10) and (11). Article 6 Information to the public of EXPO 2015 The Italian competent authority shall provide effective means of information for the visitors and staff of the EXPO 2015 including at least the information in Annex IV to this Decision to be shown in the locations of EXPO 2015, where products referred to in Article 2 are given or are used to prepare food to be given to the public. The EXPO 2015 S.p.A. shall ensure the availability of tools and spaces for the display of the information in Annex IV. Article 7 Application This Decision is applicable as from 1 March 2015 to 31 October 2015 and until the last parts of products introduced under the provisions of this Decision were disposed of as provided for in Article 4 (10) and (11). Article 8 Addresses This Decision is addressed to the Member States. Done at Brussels, For the Commission [ ] Member of the Commission EN 8 EN

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