Explanatory Memorandum to COM(2008)48 - Adaptation of Annex I to Regulation 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

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Regulation (EC) No. 882/2004 of the European Parliament and of the Council establishes a harmonised framework of general rules for the organisation of official controls regarding feed and food law, animal health and animal welfare rules.

Provisions laid down in this Regulation are made for the organisation of official controls of feed and food, including feed and food imported into the territory of the Community.

Annex I to this Regulation lists the territories in which this Regulation shall apply. The Regulation was adopted on 30.04.2004, i.e. before the accession of new Member States. Annex I has not yet been amended to include those new Member States.

EU enlargement, and the consequent adjustments to the Treaties on which the European Union is founded, require that Regulation (EC) No. 882/2004 should apply to these territories. For this reason, Annex I should be modified accordingly.

This proposal has no financial implications for the Community budget.

Proposal for a

COUNCIL REGULATION

adapting Annex I to Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia , and in particular Article 57 i thereof,

Having regard to the proposal from the Commission i,

Whereas:

Regulation (EC) No. 882/2004 i establishes a harmonised framework of general rules for the organisation of official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. Those controls are applied to exports to the Community, to the placing on the market in the Community, and to the introduction from third countries, into the territories set out in Annex I to that Regulation.

It is now necessary to complete the list of territories in order to include all the Member States in that list in Annex I to Regulation (EC) No. 882/2004.

Regulation (EC) No 882/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No. 882/2004 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the […] day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 April 2004.

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

Done at Brussels,

For the Council

The President

ANNEX

"Annex I

Territories referred to in Article 2(15)

1. The territory of the Kingdom of Belgium

2 The territory of the Republic of Bulgaria

3. The territory of the Czech Republic

4. The territory of the Kingdom of Denmark with the exception of the Faroe Islands and Greenland

5. The territory of the Federal Republic of Germany

6. The territory of the Republic of Estonia

7. The territory of Ireland

8. The territory of the Hellenic Republic

9. The territory of the Kingdom of Spain with the exception of Ceuta and Melilla

10. The territory of the French Republic

11. The territory of the Italian Republic

12. The territory of the Republic of Cyprus

13. The territory of the Republic of Latvia

14. The territory of the Republic of Lithuania

15. The territory of the Grand Duchy of Luxembourg

16. The territory of the Republic of Hungary

17. The territory of the Republic of Malta

18. The territory of the Kingdom of the Netherlands in Europe

19. The territory of the Republic of Austria

20. The territory of the Republic of Poland

21. The territory of the Portuguese Republic

22. The territory of Romania

23. The territory of the Republic of Slovenia

24. The territory of the Slovak Republic

25. The territory of the Republic of Finland

26. The territory of the Kingdom of Sweden

27. The territory of the United Kingdom of Great Britain and Northern Ireland"