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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2010 No. 417 URL: http://www.bailii.org/nie/legis/num_reg/2010/nisr_2010417_en_1.html |
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Statutory Rules of Northern Ireland
Agriculture
Made
14th December 2010
Coming into operation
10th January 2011
The Department of Agriculture and Rural Development is a Department designated(1) for the purpose of making Regulations under section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.
These Regulations and the Regulations they amend, the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007(3) ("the principal Regulations"), make provision for a purpose mentioned in that section and it appears to the Department of Agriculture and Rural Development that it is expedient for the references to the European Union instruments set out in Schedule 1 to the principal Regulations as substituted by these Regulations to be construed as references to that legislation as amended from time to time.
The Department of Agriculture and Rural Development makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.
1. These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 10th January 2011.
2. The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.
3. The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007 shall be amended as follows-
(a)In regulation 2 (Interpretation) omit paragraph (6);
(b)For Schedule 1 (Import Conditions) substitute the Schedule to these Regulations.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 14th December 2010
C. McMaster
A senior officer of the Department of Agriculture and Rural Development
Regulation 3(3)
Regulations 2(1),21, 36 and 37
1. Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products(5).
2. Commission Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC(6).
3. Commission Decision 2005/34/EC laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries(7).
4. Commission Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs(8).
5. Council Regulation (EC) No 733/2008 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(9).
6. Commission Regulation (EC) No 1609/2000 establishing a list of products excluded from the application of Council Regulation (EEC) No 737/90 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station(10).
7. Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council(11).
8. Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies(12).
9. Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk (13).
10. Commission Decision 2007/240/EC laying down new veterinary certificates for importing live animals, semen, embryos, ova and products of animal origin into the Community pursuant to certain Decisions(14).
11. Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand(15).
12. Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(16).
13. Regulation (EC) No 178/2002 of the European Parliament and of the Council 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(17).
14. Council Regulation (EC) No 183/2005 laying down requirements for feed hygiene(18).
15. Council Regulation (EC) No 396/2005 on maximum levels of pesticides in or on food and feed of plant and animal origin(19).
16. Regulation (EC) No 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin(20).
17. Regulation (EC) No 854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption(21).
18. Regulation (EC) No 882/2004 of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(22).
19. Commission Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs(23).
20. Commission Regulation (EC) No 2074/2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 and Regulation (EC) No 882/2004 of the European Parliament and of the Council(24).
21. Commission Regulation (EC) No 2075/2005 laying down specific rules on official controls for Trichinella in meat(25).
22. Commission Regulation (EC) No 1162/2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and the of the Council(26).
1. Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements(27).
Third countries established from which fresh meat may be imported
2. Commission Decision 81/91/EEC on the list of establishments in the Argentine Republic approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community(28).
3. Commission Decision 83/384/EEC on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community(29).
4. Commission Decision 83/243/EEC on the list of establishments in the Republic of Botswana approved for the purposes of importing fresh meat into the Community(30).
5. Commission Decision 81/713/EEC on the list of establishments in the Federative Republic of Brazil approved for the purpose of importing fresh beef and veal and meat of domestic solipeds into the Community(31).
6. Commission Decision 87/258/EEC on the list of establishments in Canada approved for the purpose of importing fresh meat into the Community(32).
7. Commission Decision 87/124/EEC on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community(33).
8. Commission Decision 93/26/EEC on the list of establishments in the Republic of Croatia approved for the purpose of importing fresh meat into the Community(34).
9. Commission Decision 2002/987/EC on the list of establishments in the Falkland Islands approved for the purpose of importing fresh meat into the Community(35).
10. Commission Decision 85/539/EEC on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community(36).
11. Commission Decision 84/24/EEC on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community(37).
12. Commission Decision 95/45/EC on the list of establishments in the former Yugoslav Republic of Macedonia approved for the purpose of importing fresh meat into the Community(38).
13. Commission Decision 90/165/EEC on the list of establishments in Madagascar approved for the purpose of importing fresh meat into the Community(39).
14. Commission Decision 87/424/EEC on the list of establishments in the United Mexican States approved for the purpose of importing fresh meat into the Community(40).
15. Commission Decision 86/65/EEC on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community(41).
16. Commission Decision 90/432/EEC on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community(42).
17. Commission Decision 2004/628/EC on the list of establishments in New Caledonia from which Member States may authorise importation of fresh meat into the Community(43).
18. Commission Decision 83/402/EEC on the list of establishments in New Zealand approved for the purposes of importing fresh meat into the Community(44).
19. Commission Decision 83/423/EEC on the list of establishments in the Republic of Paraguay approved for the purpose of importing fresh meat into the Community(45).
20. Commission Decision 82/913/EEC on the list of establishments in the Republic of South Africa approved for the purpose of importing fresh meat into the Community(46).
21. Commission Decision 82/814/EEC on the list of establishments in the Kingdom of Swaziland approved for the purpose of importing fresh meat into the Community(47).
22. Commission Decision 82/734/EEC on the list of establishments in the Swiss Confederation approved for the purposes of exporting fresh meat to the Community(48).
23. Commission Decision 87/257/EEC on the list of establishments in the United States of America approved for the purpose of importing fresh meat into the Community(49).
24. Commission Decision 81/92/EEC on the list of establishments in the Republic of Uruguay approved for the purposes of the importation of fresh beef and veal, sheepmeat and meat of domestic solipeds into the Community(50).
25. Commission Decision 98/8/EC on the list of establishments in the Federal Republic of Yugoslavia approved for the purpose of importing fresh meat into the Community(51).
26. Commission Decision 2005/290/EC on simplified certificates for the importation of bovine semen and fresh pig meat from Canada(52).
1. Commission Decision 2007/777/EC laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries(53).
Third countries established from which fresh meat products may be imported
2. Commission Decision 86/414/EEC on the list of establishments in Argentina approved for the purpose of importing meat products into the Community(54).
3. Commission Decision 94/465/EC on the list of establishments in Botswana approved for the purpose of importing meat products into the Community(55).
4. Commission Decision 87/119/EC on the list of establishments in Brazil approved for the purpose of importing meat products into the Community(56).
5. Commission Decision 95/427/EC on the list of establishments in the Republic of Namibia approved for the purpose of importing meat products into the Community(57).
6. Commission Decision 86/473/EEC on the list of establishments in Uruguay approved for the purpose of importing meat products into the Community(58).
7. Commission Decision 94/40/EC on the list of establishments in Zimbabwe approved for the purpose of importing meat products into the Community(59).
8. Commission Decision 97/365/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of products prepared from meat of bovine animals, swine, equidae and sheep and goats(60).
9. Commission Decision 97/569/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of meat products(61).
1. Commission Decision 2004/438/EC laying down animal and public health and veterinary certification conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption(62).
2. Commission Decision 97/252/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of milk and milk products for human consumption(63).
1. Commission Regulation (EC) No 798/2008 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 requirements(64).
2. Commission Decision 97/4/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of fresh poultrymeat(65).
1. Commission Regulation (EC) No 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements(66).
2. Commission Decision 97/468/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of wild game meat(67).
1. Commission Decision 2000/572/EC laying down animal and public health conditions and veterinary certification for imports of meat preparations from third countries(68).
2. Commission Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the Community of certain animals and fresh meat and the veterinary certification requirements(69).
3. Commission Decision 1999/710/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of minced meat and meat preparations(70).
1. Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(71).
2. Commission Decision 2003/812/EC drawing up lists of third countries from which Member States are to authorise imports of certain products for human consumption subject to Council Directive 92/118/EEC(72).
3. Commission Decision 97/467/EC drawing up provisional lists of third country establishments from which the Member States authorize imports of rabbit meat and farmed game meat(73).
4. Commission Decision 99/120/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings(74).
5. Commission Decision 2001/396/EC amending Decision 97/467/EC drawing up provisional lists of third country establishments from which Member States authorise imports of rabbit meat and farmed game meat, with respect to imports of ratite meat(75).
6. Commission Decision 2001/556/EC drawing up provisional lists of third country establishments from which Member States authorise imports of gelatine intended for human consumption(76).
7. Commission Decision 2003/779/EC laying down animal health requirements and the veterinary certification for the import of animal casings from third countries(77).
8. Commission Decision 2003/863/EC on health certificates for the importation of animal products from the United States of America(78).
9. Commission Regulation (EC) No 2074/2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 and Regulation (EC) No 882/2004 of the European Parliament and of the Council(79).
10. Commission Regulation (EC) No 119/2009 laying down a list of third countries or parts thereof, for imports into, or transit through, the Community of meat of wild leporidae, of certain wild land mammals and of farmed rabbits and the veterinary certification requirements(80).
11. Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(81).
12. Regulation (EC) No 878/2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes(82).
13. Commission Decision 2004/407/EC on transitory and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine(83).
14. Commission Regulation (EC) No 2007/2006 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain intermediate products derived from Category 3 material intended for technical uses in medical devices, in vitro diagnostics and laboratory reagents and amending that Regulation(84).
15. Council Regulation (EC) No 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur(85).
16. Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(86).
17. Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EC and 97/78/EC(87).
1. Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(88).
2. Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(89).
3. Commission Decision 2008/155/EC establishing lists of embryo collection and production teams approved in third countries for export of bovine embryos to the Community(90).
4. Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species(91).
5. Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos(92).
6. Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(93).
7. Commission Decision 2008/636/EC establishing the list of third countries from which Member States authorise imports of ova and embryos of the porcine species(94).
8. Commission Decision 2009/893/EC on the importation of semen of domestic animals of the porcine species into the Community as regards lists of third countries and semen collection centres, and certification requirements(95).
9. Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(96).
10. Commission Decision 2008/635/EC on imports of semen, ova and embryos of the ovine and caprine species into the Community as regards lists of third countries and of semen collection centres and embryo collection teams, and certification requirements(97).
11. Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the EU of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC(98).
12. Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species(99).
13. Commission Decision 96/540/EC on animal health requirements and veterinary certification for imports into the Community of ova and embryos of the equine species(100).
14. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise import of live equidae and semen, ova and embryos of the equine species(101).
15. Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries(102).
16. Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(103).
17. Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(104).
1. Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(105).
2. Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(106).
3. Commission Decision 2010/221/EU approving national measures for limiting the impact of certain diseases in aquatic animals in accordance with Article 43 of Council Directive 2006/88/EC(107).
4. Commission Regulation (EC) No 2074/2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 and Regulation (EC) No 882/2004 of the European Parliament and of the Council(108).
5. Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species(109).
6. Commission Decision 2006/766/EC establishing lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted(110).
7. Commission Regulation (EC) No 1162/2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council(111).
Special import conditions for fishery products from the United States of America
8. Commission Decision 2006/199/EC laying down specific conditions for imports of fishery products from the United States of America(112).
1. All references to EU instruments in this Schedule are references to that instrument as amended from time to time."
(This note is not part of the Regulations)
These Regulations amend the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 199) ("the principal Regulations") by omitting regulation 2(6) and replacing Schedule 1. The substituted Schedule 1 incorporates new and amended European Union instruments that have come into force since Schedule 1 was last substituted by S.R. 2009 No. 130. European Union instruments referred to in the substituted Schedule 1 are to be construed as references to that legislation as amended from time to time.
The principal Regulations implement Council Directive 97/78/EC (O.J. No L24, 30.1.98, p9) laying down the principles governing the organisation of veterinary checks on products entering the European Union from third countries. They require that products of animal origin for import from third countries must be presented to an approved Border Inspection Post for veterinary examination to ensure that the product complies with the relevant import requirements. Importers are required to comply with the import requirements listed in Schedule 1.
A full Impact Assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.
S. I. 2000/2812
1972 c. 68. Paragraph 1A was inserted into Schedule 2 by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and as amended by 2008 (c. 7)
S. R. 2007 No. 199, amended by S. R. 2007 No. 314 and S.R. 2009 No. 130
1954 c.33 (N.I.)
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O.J. No L 364, 20.12.2006, p5 as last amended by Commission Regulation (EU) No 165/2010 (O.J. No L 50, 27.2.2010, p8).
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O.J. No L 152, 16.6.2009, p11.
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O.J. No L 18, 23.1.2003, p11.
O.J. No L 31, 1.2.2002, p1 as last amended by Council Regulation (EC) No 596/2009 (O.J. No L 188, 18.7.2009, p14).
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O.J. No L 338, 22.12.2005, p1 as last amended by Commission Regulation (EC) No 1441/2007 (O.J. No L 322, 7.12.2007, p12).
O.J. No L 338, 22.12.2005, p27as last amended by Commission Regulation (EC) No 1250/2008 (O.J. No L 337, 16.12.2008, p31).
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O.J. No L 129, 19.5.83, p70.
O.J. No L 257, 10.9.81, p28 as last amended by Commission Decision 89/282/EEC (O.J. No L 110, 21.4.89, p54).
O.J. No L 121, 9.5.87, p50.
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O.J. No L 16, 25.1.93, p24.
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O.J. No L 223, 24.8.83, p24 amended by Commission Decision 86/432/EEC (O.J. No L 253, 5.9.86, p28).
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O.J. No L 381, 31.12.82, p28 amended by Commission Decision 90/433/EEC (O.J. No L 223, 18.8.90, p21).
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O.J. No L 311, 8.11.82, p13 as last amended by Commission Decision 92/2/EC (O.J. No L 1, 4.1.1992, p22).
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O.J. No L 285, 1.11.2003, p38 amended by Commission Decision 2004/414/EC (O.J. No L 151, 30.4.2004, p62).
O.J. No L 325, 12.12.2003, p46.
O.J. No L 338, 22.12.2005, p27 as last amended by Commission Regulation (EC) No 1250/2008 (O.J. No L 337, 16.12.2008, p31).
O.J. No L 39, 10.2.2009, p12.
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O.J. No L 379, 28.12.2006, p98.
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O.J. No L 116, 4.5.2007, p9.
O.J. No L 194, 22.7.88, p10 amended by Council Directive 2008/73/EC (O.J. No L 219, 14.8.2008, p40).
O.J. No L 302, 19.10.89, p1 as last amended by Council Directive 2008/73/EC.
O.J. No L 50, 23.2.2008, p51 as last amended by Commission Decision 2009/759/EC (O.J. No L 271, 16.10.2009, p18).
O.J. No L 292, 15.9.2004, p21 as last amended by Commission Decision 2008/120/EC (O.J. No L 42, 16.2.2008, p63).
O.J. No L 57, 28.2.2006, p19 amended by Commission Decision 2009/873/EC (O.J. No L 315, 2.12.2009, p22.
O.J. No L 224, 18.8.90, p62 as last amended by Council Directive 2008/73/EC (O.J. No L 219, 14.8.2008, p40).
O.J. No L 206, 2.8.2008, p32.
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O.J. No L 206, 2.8.2008, p17.
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O.J. No L 230, 11.9.96, p23 amended by Commission Decision 2000/284/EC (O.J. No L 94, 14.4.2000, p35).
O.J. No L 230, 11.9.96, p28 amended by Commission Decision 2000/284/EC.
O.J. No L 73, 11.3.2004, p1 amended by Commission Decision 2009/624/EC (O.J. No L 227, 29.8.2009, p7).
O.J. No L 278, 27.8.2004, p64 amended by Commission Regulation (EC) No 1792/2006 (O.J. No L 362, 20.12.2006, p1).
O.J. No L 328, 24.11.2006, p14 amended by Commission Directive 2008/53/EC (O.J. No L 117, 1.5.2008, p27).
O.J. No L 337, 16.12.2008, p41 as last amended by Commission Regulation (EC) No 719/2009 (O.J. No L 205, 7.8.2009, p10).
O.J. No L 328, 24.11.2006, p14 amended by Commission Directive 2008/53/EC (O.J. No L 117, 1.5.2008, p27).
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O.J. No L 337, 16.12.2008, p41 as last amended by Commission Regulation (EC) 719/2009 (O.J. No L 205, 7.8.2009, p10)
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