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The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009
Made
3rd June 2009
Laid before the Scottish Parliament
4th June 2009
Coming into force
26th June 2009
The Scottish Ministers make the following 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) and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the said Act and it appears to the Scottish Ministers that it is expedient for the references to Community instruments set out in Schedule 1 to the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007(2) to be construed as references to those instruments as amended from time to time.
Citation, commencement and interpretation
1.–(1) These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009 and come into force on 26th June 2009.
(2) In these Regulations "the 2007 Regulations" means the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007.
Amendment to the 2007 Regulations
2.–(1) The 2007 Regulations are amended as follows.
(2) In regulation 4 (exemption for authorised products and personal imports) for paragraphs (7) and (8) substitute-
"(7) Part 3, with the exception of regulation 25, and Parts 4 to 9 do not apply to products of animal origin specified in Article 2 of Commission Regulation (EC) No. 206/2009 on the introduction into the Community of personal consignments of products of animal origin and amending Regulation (EC) No. 136/2004(3).".
(3) For Schedule 1 (import conditions) substitute the Schedule set out in the Schedule to these Regulations.
Revocation
3. The Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2006(4) are revoked.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew´s House,
Edinburgh
3rd June 2009
Regulation 2(3)
SCHEDULE Replacement Schedule
Regulations 2(1), 4(7), 21(10), 36(2) and 37(1) and (6)
"SCHEDULE 1 Import Conditions
PART I Provisions Common to Several Categories of Product
Maximum residue limits and contaminants
1. Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin(5).
2. Council Directive 96/23/EC 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(6).
3. Commission Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC(7).
4. Commission Decision 2005/34/EC laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries(8).
5. Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs(9).
6. 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(10).
7. 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(11).
Transmissible spongiform encephalopathies
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 their BSE risk(13).
Health certificates for imports of products of animal origin
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 Decisions 79/542/EEC, 92/260/EEC, 93/195/EEC, 93/196/EEC, 93/197/EEC, 95/328/EC, 96/333/EC, 96/539/EC, 96/540/EC, 2000/572/EC, 2000/585/EC, 2000/666/EC, 2002/613/EC, 2003/56/EC, 2003/779/EC, 2003/804/EC, 2003/858/EC, 2003/863/EC, 2003/881/EC, 2004/407/EC, 2004/438/EC, 2004/595/EC, 2004/639/EC and 2006/168/EC(14).
Health certification for animal products from New Zealand
11. Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand(15).
Animal and public health rules on imports of products of animal origin for human consumption
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. Regulation (EC) No. 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC(19).
16. Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(20).
17. Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific 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 of 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 of the European Parliament and of the Council and Regulation 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(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. 2076/2005 laying down transitional arrangements 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 and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(26).
PART II Fresh Meat of Bovine, Ovine and Caprine Animals and Swine
Third countries and health certification requirements for imports of fresh meat
1. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat(27).
Argentina
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).
Australia
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).
Botswana
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).
Brazil
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).
Chile
6. Commission Decision 87/124/EEC on the list of establishments in Chile approved for the purpose of importing fresh meat into the Community(32).
Croatia
7. 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(33).
The Falkland Islands
8. 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(34).
Greenland
9. Commission Decision 85/539/EEC on the list of establishments in Greenland approved for the purpose of importing fresh meat into the Community(35).
Iceland
10. Commission Decision 84/24/EEC on the list of establishments in Iceland approved for the purposes of importing fresh meat into the Community(36).
Former Yugoslav Republic of Macedonia
11. 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(37).
Madagascar
12. Commission Decision 90/165/EEC on the list of establishments in Madagascar approved for the purpose of importing fresh meat into the Community(38).
Mexico
13. 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(39).
Morocco
14. Commission Decision 86/65/EEC on the list of establishments in Morocco approved for the purpose of importing fresh meat into the Community(40).
Namibia
15. Commission Decision 90/432/EEC on the list of establishments in Namibia approved for the purpose of importing fresh meat into the Community(41).
New Caledonia
16. 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(42).
New Zealand
17. Commission Decision 83/402/EEC on the list of establishments in New Zealand approved for the purposes of importing fresh meat into the Community(43).
Paraguay
18. 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(44).
South Africa
19. Commission Decision 82/913/EEC establishing the list of establishments in the Republic of South Africa approved for the purpose of importing fresh meat into the Community(45).
Swaziland
20. 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(46).
Switzerland
21. 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(47).
United States of America
22. 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(48).
Uruguay
23. 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(49).
Federal Republic of Yugoslavia
24. 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(50).
Zimbabwe
25. Commission Decision 85/473/EEC supplementing, by the addition of Zimbabwe, the list of third countries from which Member States authorise imports of bovine animals, swine and fresh meat(51).
Health certificates - Canada
26. Commission Decision 2005/290/EC on simplified certificates for the importation of bovine semen and fresh pig meat from Canada and amending Decision 2004/639/EC(52).
PART III Meat Products
Third countries and health certification requirements for imports of meat products
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 and repealing Decision 2005/432/EC(53).
Third country establishments from which meat products may be imported
Argentina
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).
Botswana
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).
Brazil
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).
Namibia
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).
Uruguay
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).
Zimbabwe
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).
Miscellaneous third countries
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).
PART IV Milk and Dairy Products
Third countries and health certification requirements for imports of milk and milk-based products
1. Commission Decision 2004/438/EC laying down animal and public health and veterinary certifications conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption(62).
Third country establishments from which milk and milk-based products may be imported
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).
PART V Fresh Poultrymeat
Third countries and health certification requirements for imports of fresh poultrymeat
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).
Third country establishments from which fresh poultrymeat may be imported
2. Commission Decision 97/4/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of fresh poultrymeat(65).
PART VI Wild Game Meat
General
1. Commission Decision 2000/585/EC drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports(66).
Third country establishments from which game meat may be imported
2. Commission Decision 97/468/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of wild game meat(67).
PART VII Minced Meat and Meat Preparations
Health certification requirements
1. Commission Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries(68).
2. Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification for importation into the Community of certain live animals and their fresh meat(69).
Third country establishments from which minced meat and meat preparations may be imported
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).
PART VIII Miscellaneous Products
General
1. Council Directive 92/118/EEC laying down animal health 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 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(72).
Third countries from which products covered by Council Directive 92/118/EEC may be imported
3. 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(73).
Third country establishments from which products covered by Council Directive 92/118/EEC may be imported
4. Commission Decision 97/467/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of rabbit meat and farmed game meat(74).
5. Commission Decision 99/120/EC drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings, stomachs and bladders(75).
6. 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(76).
7. 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(77).
Health certification requirements
8. 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(78).
9. Commission Decision 2000/585/EC drawing up a list of third countries from which Member States authorise imports of rabbit meat and certain wild and farmed game meat, and laying down the animal and public health and the veterinary certification conditions for such imports(79).
10. Commission Decision 2003/779/EC laying down animal health requirements and the veterinary certification for the import of animal casings from third countries(80).
11. Commission Decision 2003/863/EC on health certificates for the importation of animal products from the United States of America(81).
12. 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 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(82).
Animal by-products
13. 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(83).
14. Commission Regulation (EC) No. 878/2004 laying down transitional measures for certain animal by-products classified as Category 1 and 2 materials, in accordance with Regulation (EC) No. 1774/2002 of the European Parliament and of the Council(84).
15. Commission Decision 2004/407/EC on transitional sanitary 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(85).
16. 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(86).
17. 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(87).
Hay and straw (third countries from which imports are permitted)
18. Commission Regulation (EC) No. 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries(88).
Composite products
19. 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/EEC and 97/78/EC(89).
PART IX Genetic Material
Bovine material
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(90).
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(91).
3. Commission Decision 2008/155/EC establishing a list of embryo collection and production teams in third countries approved for imports of bovine embryos into the Community(92).
4. Commission Decision 2004/639/EC laying down the importation conditions of semen of domestic animals of the bovine species(93).
5. Commission Decision 2006/168/EC establishing the animal health and veterinary certification requirements for imports into the Community of bovine embryos and repealing Decision 2005/217/EC(94).
Porcine material
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(95).
7. Commission Decision 2002/613/EC laying down the importation conditions of semen of domestic animals of the porcine species(96).
8. 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(97).
Ovine and caprine material
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(98).
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(99).
Equine material
11. 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.
12. Commission Decision 96/539/EC on animal health requirements and veterinary certification for imports into the Community of semen of the equine species(100).
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(101).
14. Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC(102).
15. Commission Decision 2004/616/EC establishing the list of approved semen collection centres for imports of equine semen from third countries(103).
Fish material
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(104).
PART X Fishery Products
General provisions
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.
2. 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(105).
3. Commission Decision 2004/453/EC implementing Council Directive 91/67/EC as regards measures against certain diseases in aquaculture animals(106).
Health certification
4. 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.
5. 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 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(107).
Third countries from which fishery products may be imported
6. Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements 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 and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(108).
7. Commission Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted(109).
Special import conditions for fishery products
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(110).
PART XI Interpretation of this Schedule
1. All references to Community instruments in this Schedule are references to those instruments as amended from time to time.".
Explanatory Note
(This note is not part of the Regulations)
These Regulations replace Schedule 1 to the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 (S.S.I.
2007/1) ("the Principal Regulations").
They also revoke the Products of Animal Origin (Third Country Imports) (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I.
2006/419).
New Schedule 1 (import conditions) to the Principal Regulations as inserted by these Regulations is a rolling consolidation of that Schedule, listing both the Community instruments in that Schedule when the Principal Regulations were made and relevant Community instruments adopted since then. The new Schedule provides updated references to the Community instruments that set out the requirements to be enforced under the Principal Regulations when the products of animal origin in question are imported or exported from or to third (non-EU) countries.
The references to Community instruments contained within the new Schedule are to be construed as references to the text of those instruments as amended from time to time. -˜As amended´ versions of the Community instruments can be found at any time on the Eur Lex website (http://eur-lex.europa.eu/en/index.htm).
No regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.
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O.J. No. L 338, 22.12.2005, p.1, as amended by Commission Regulation (EC) No. 1441/2007 (O.J. No. L 322, 7.12.2007, p.12). Back [23]
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O.J. No. L 338, 22.12.2005, p.83, as last amended by Commission Regulation (EC) No. 1023/2008 (O.J. No. L 277, 18.10.2008, p.21). Back [26]
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O.J. No. L 230, 11.9.1996, p.23, as amended by Commission Decision 2000/284/EC (O.J. No. L 94, 14.4.2000, p.35). Back [100]
O.J. No. L 230, 11.9.1996, p.28, as amended by Commission Decision 2000/284/EC. Back [101]
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O.J. No. L 320, 18.11.2006, p.53, as amended by Commission Decision 2008/156/EC (O.J. No. L 50, 23.2.2008, p.65). Back [109]
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