L 8/40 Official Journal of the European Communities 12.1.2001 COMMISSION COMMISSION DECISION of 20 December 2000 modifying Decision 2000/159/EC on the provisional approval of residue plans of third countries according to Council Directive 96/23/EC (notified under document number C(2000) 3992) (Text with EEA relevance) (2001/31/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 Article 29 thereof, Having regard to Council Directive 72[462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (%), as last amended by Directive 97/ 79/EC (%), and in particular Article 3 thereof, Whereas: (1) There is a public health concern in relation to residues in products of animal origin. Therefore residue plans on these products shall be approved and regularly updated. 2) 31 March of each year is the deadline set in Article 8(3) of Directive 96/23/EC for third countries to forward to the Commission the monitoring plans for the current year and results of the previous year. (3)  Council Decision 95/408/EC on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin (¥, also lays down the conditions to amend the lists of approved establishments in third countries. (4)  The Annex to Commission Decision 2000/159/EC of 8 February 2000 on the provisional approval of residue plans of third countries according to Council Directive () O] L 125, 25.5.1996, p. 10. () O] L 302, 31.12.1972, p. 28. () O] L 24, 30.1.1998, p. 31. (% O] L 243, 11.10.1995, p. 17. 96/23/EC (°), indicates the third countries which have submitted a plan, setting out the guarantees which it offers as regards the monitoring of the groups of resi- dues and substances referred to in Annex 1 to Directive 96/23/EC. Consequently, when these guarantees are not provided, the lists laid down by Decision 95/408/EC should be amended in accordance with the modifica- tions to the Annex to Decision 2000/159/EC. (5)  Some third countries have presented residue monitoring plans including results thereof to the Commission, and there is a need for evaluation, additional information and further clarifications. Pending further evaluation, these third countries may remain in the Annex to Decision 2000/159/EC on the provisional approval of residue plans of third countries according to Directive 96/23EC. (6)  Some third countries have not presented residue monitoring plans or results thereof to the Commission or have presented totally insufficient guarantees. In accordance with Article 29 of Directive 96/23/EC, these third countries should be provisionally suspended from the Annex to Decision 2000/159/EC. (7y A few third countries have not submitted residue monitoring plans or results thereof because they export only foodstuffs derived from raw material originating from other third countries considered to comply provi- sionally with Directive 96/23/EC. Consequently, when the competent authorities can certify the origin of the raw material, these third countries should not be suspended from the Annex to Decision 2000/159/EC, and the corresponding establishments should be main- tained on the provisional lists drawn up in accordance with Decision 95/408/EC. () O] L 51, 24.2.2000, p. 30.