L 94/100 Official Journal of the European Union 8.4.2009 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 6 April 2009 amending Council Decision 79/542[EEC as regards the transport of animals by air, the transit of animals through certain third countries and the animal health certificates for certain meat from solipeds and for transit and storage of certain fresh meat (notified under document number C(2009) 2273) (Text with EEA relevance) (2009/317/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 2002/99/EC  of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and intro- duction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, Article 8(4) and the third indent of Article 8(5) thereof, Having regard to Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65[EEC and repealing Directive 72[462[EEC (%), in particular Article 6(1) thereof, Whereas: (1) Council Decision 79/542/EEC of 21 December 1976 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 () OJ L 18, 23.1.2003, p. 11. (3 OJ L 139, 30.4.2004, p. 321; corrected by OJ L 226, 25.6.2004, p. 128. fresh meat (°) establishes the sanitary conditions for the importation into the Community of live animals, excluding equidae, and for the importation of fresh meat of such animals, including equidae, but excluding meat preparations. (2)  Article 6 of Decision 79/542[EEC concerns transport of live animals for importation into the Community. The transport of such animals by air presents a risk for animal health in the Community, due to insect vectors of animal diseases that could be present in the means of air transport. It is therefore appropriate to provide for measures for disinfestation of the means of such transport in order to avoid the accidental introduction into the Community of potentially infected insect vectors together with imported animals. (3)  Decision 79/542[EEC provides that animals intended for import into the Community can transit only through third countries which are permitted to export animals of the same species to the Community. However, it is permitted to transit animals through certain third countries that are not permitted to export animals to the Community. Such transit is only permitted if the animals are intended for immediate slaughter once they have reached their final destination in the Community. The procedure for listing those third countries has been established taking into account several factors, in particular the animal health situation of the third country, the guarantees about the integrity of the animals during transit, the controls at the border inspection posts and at the final destination. () OJ L 146, 14.6.1979, p. 15.