8. 2. 94 Official Journal of the European Communities No L 36/5 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 31 January 1994 drawing up a provisional list of third countries from which Member States authorize imports of raw milk, heat treated milk and milk based products (94/70/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the produc- tion and placing on the market of raw milk, heat treated milk and milk based products (*), and in particular Article 23 (2) and (3) thereof, Whereas imports of raw milk, heat treated milk and milk based products must come from third countries or part of third countries which are able to offer to Member States and to the Commission equivalent guarantees to the conditions laid down for the placing on the Community market ; : Whereas in view of facilitating the new system of veteri- nary controls at the external borders of the Community, it is necessary to draw up a provisional list of third countries or parts of third countries concerned ; Whereas considering the different categories of milk and milk based products concerned and the list of part I of the Annex to Council Decision 79/542/EEC (3, as last amended by Commission Decision 93/507/EEC (%), it is justified to base the list for non-treated milk and milk based products on the list for live animals, the list for pas- () OJ No L 268, 14. 9. 1992, p. 1. () OJ No L 146, 14. 6. 1979, p. 15. () OJ No L 237, 22. 9. 1993, p. 36. teurized milk and milk based products on the list for fresh meat and the list for sterilized milk and milk based products on the list for meat products; Whereas considering the adaptation to the new regime which will follow the adoption of these lists, it is justified to foresee a period of time for their application ; Whereas, the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, ‘ HAS ADOPTED THIS DECISION : Article 1 1.  Member States shall authorize imports of non treated milk and milk based products which have not undergone a treatment which ensures the destruction of the foot-and-mouth virus (heat treatment or change in the pH) from third countries appearing in the list in Part I of the Annex. 2.  Member States shall authorize imports of heat treated milk and milk based products which at least have undergone a pasteurization sufficient to inactivate the foot-and-mouth virus and of milk based products which, after fermentation shows a pH lower than 6, from third countries appearing on the list in Part II of the Annex. 3.  Member States shall authorize imports of UHT and sterilized milk and milk based products, or these which