# L_2004202EN.01005501.xml

| 7.6.2004 | EN | Official Journal of the European Union | L 202/55 |
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7.6.2004

EN

Official Journal of the European Union

L 202/55

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Corrigendum to Commission Decision 2004/459/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the milk sector in Hungary

(
  Official Journal of the European Union L 156 of 30 April 2004
  )

Decision 2004/459/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

adopting a transitional measure in favour of certain establishments in the milk sector in Hungary

(notified under document number C(2004) 1711)

(Text with EEA relevance)

(2004/459/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1), and in particular Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (2), and in particular Article 42 thereof,

Whereas:

| (1) | In Hungary, 21 milk-processing establishments have difficulties in complying on 1 May 2004 with the relevant structural requirements laid down in Annex B to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (3). |
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(1)

In Hungary, 21 milk-processing establishments have difficulties in complying on 1 May 2004 with the relevant structural requirements laid down in Annex B to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (3).

| (2) | Accordingly, these 21 establishments need time to finalise their upgrading process in order to be in full compliance with the relevant structural requirements laid down in Directive 92/46/EEC. |
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(2)

Accordingly, these 21 establishments need time to finalise their upgrading process in order to be in full compliance with the relevant structural requirements laid down in Directive 92/46/EEC.

| (3) | These 21 establishments, which are currently in an advanced state of upgrading, have given reliable guarantees that they have the necessary funds to correct their remaining shortcomings within a reasonable time and have received a favourable opinion from the Hungarian Animal Health and Food Control Department as regards the finalisation of their upgrading process. |
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(3)

These 21 establishments, which are currently in an advanced state of upgrading, have given reliable guarantees that they have the necessary funds to correct their remaining shortcomings within a reasonable time and have received a favourable opinion from the Hungarian Animal Health and Food Control Department as regards the finalisation of their upgrading process.

| (4) | For Hungary, the detailed information regarding the shortcomings for each establishment is available. |
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(4)

For Hungary, the detailed information regarding the shortcomings for each establishment is available.

| (5) | In order to facilitate the transition from the existing regime in Hungary to that resulting from the application of the Community veterinary legislation, it is justified therefore at the request of Hungary, to grant a transitional period for those 21 establishments as an exceptional transitional measure. |
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(5)

In order to facilitate the transition from the existing regime in Hungary to that resulting from the application of the Community veterinary legislation, it is justified therefore at the request of Hungary, to grant a transitional period for those 21 establishments as an exceptional transitional measure.

| (6) | Due to the exceptional nature of this transitional derogation which was not foreseen during the enlargement negotiations, no further requests by Hungary for transitional measures concerning structural requirements of establishments producing milk and milk products should be granted after the adoption of this Decision. |
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(6)

Due to the exceptional nature of this transitional derogation which was not foreseen during the enlargement negotiations, no further requests by Hungary for transitional measures concerning structural requirements of establishments producing milk and milk products should be granted after the adoption of this Decision.

| (7) | Taking account of the advanced stage of upgrading and the exceptional nature of the transitional measure, the transitional period should be limited to a maximum period of 12 months and should not be prolonged after that date. |
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(7)

Taking account of the advanced stage of upgrading and the exceptional nature of the transitional measure, the transitional period should be limited to a maximum period of 12 months and should not be prolonged after that date.

| (8) | It is appropriate to subject the establishments in transition covered by this Decision to the same rules which are applicable as regards the products originating from the establishments to which a transitional period for structural requirements has been granted in accordance with the procedure provided for in the relevant Annexes to the Act of Accession. |
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(8)

It is appropriate to subject the establishments in transition covered by this Decision to the same rules which are applicable as regards the products originating from the establishments to which a transitional period for structural requirements has been granted in accordance with the procedure provided for in the relevant Annexes to the Act of Accession.

| (9) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

1.   The structural requirements laid down Annex B to Directive 92/46/EEC shall not apply to the establishments in Hungary listed in the Annex to this Decision, subject to the conditions laid down in paragraph 2, until the date indicated for each establishment.

2.   The following rules shall apply to products originating in the establishments referred to in paragraph 1:

| — | as long as the establishments listed in the Annex to this Decision benefit from the provisions of paragraph 1, products originating from those establishments shall only be placed on the domestic market or used for further processing in the same establishment, irrespective of the date of marketing, |
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—

as long as the establishments listed in the Annex to this Decision benefit from the provisions of paragraph 1, products originating from those establishments shall only be placed on the domestic market or used for further processing in the same establishment, irrespective of the date of marketing,

| — | they shall bear the special health mark. |
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—

they shall bear the special health mark.

Article 2

This Decision shall apply subject to and as from the date of the entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2004.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Milk establishments in transition

| | Veterinary approval number | Name and address of establishment | Sector: Milk | Date of compliance |
| --- | --- | --- | --- | --- |
| Activity of the establishments |
| Milk and milk-based products |
| 1. | 01501 | Cheesio Kft., Véménd, Baranya | x | 30.4.2005 |
| 2. | 02502 | Cosinus Gamma Kft. Sajtüzem, Kunszentmiklós, Bács | x | 30.4.2005 |
| 3. | 03503 | Tejfeldolgozó és Sajtkészítő Üzem, Gyomaendrőd, Békés | x | 30.4.2005 |
| 4. | 04504 | Abaújtej Közös Vállalat tejüzeme, Forró, Borsod | x | 30.4.2005 |
| 5. | 05505 | BOPPE Kft., Hódmezővásárhely Csongrád | x | 30.4.2005 |
| 6. | 05506 | Ujfalusi Mihály Bio-kecsketej üzem, Csongràd | x | 30.4.2005 |
| 7. | 06507 | Győzelem Mgsz. Sajtüzem, Lajoskomárom, Fejér | x | 30.4.2005 |
| 8. | 06508 | Tejmix Kft., Kápolnásnyék-Pettend, Fejér | x | 30.4.2005 |
| 9. | 09509 | Egertej Kft., Eger, Heves | x | 30.4.2005 |
| 10. | 12510 | Naszálytej Rt., Vác, Pest | x | 30.4.2005 |
| 11. | 12511 | Dabastej Kft., Dabas, Pest | x | 30.4.2005 |
| 12. | 12512 | Csipkó Istvánné tejüzeme, Pest | x | 30.4.2005 |
| 13. | 13513 | Drávatej Kft., Barcs, Somogy | x | 30.4.2005 |
| 14. | 14514 | Tiszatej Kft., Rakamaz, Szabolcs | x | 30.4.2005 |
| 15. | 14515 | Farmtej Kft., Kemecse, Szabolcs | x | 30.4.2005 |
| 16. | 15516 | Jásztej Rt., Jászapáti, Jász | x | 30.4.2005 |
| 17. | 15517 | Kuntej Rt., Tiszafüred, Jász | x | 30.4.2005 |
| 18. | 16518 | Dámtej Kft., Tamási, Tolna | x | 30.4.2005 |
| 19. | 17519 | Tejfeldolgozó és Kereskedelmi Kft., Körmend, Vas | x | 30.4.2005 |
| 20. | 18520 | Gici sajt Kft., Gic, Veszprém | x | 30.4.2005 |
| 21. | 20521 | Soma's Trade Kft., Budapest | x | 30.4.2005 |

Veterinary approval number

Name and address of establishment

Sector: Milk

Date of compliance

Activity of the establishments

Milk and milk-based products

1.

01501

Cheesio Kft., Véménd, Baranya

x

30.4.2005

2.

02502

Cosinus Gamma Kft. Sajtüzem, Kunszentmiklós, Bács

x

30.4.2005

3.

03503

Tejfeldolgozó és Sajtkészítő Üzem, Gyomaendrőd, Békés

x

30.4.2005

4.

04504

Abaújtej Közös Vállalat tejüzeme, Forró, Borsod

x

30.4.2005

5.

05505

BOPPE Kft., Hódmezővásárhely Csongrád

x

30.4.2005

6.

05506

Ujfalusi Mihály Bio-kecsketej üzem, Csongràd

x

30.4.2005

7.

06507

Győzelem Mgsz. Sajtüzem, Lajoskomárom, Fejér

x

30.4.2005

8.

06508

Tejmix Kft., Kápolnásnyék-Pettend, Fejér

x

30.4.2005

9.

09509

Egertej Kft., Eger, Heves

x

30.4.2005

10.

12510

Naszálytej Rt., Vác, Pest

x

30.4.2005

11.

12511

Dabastej Kft., Dabas, Pest

x

30.4.2005

12.

12512

Csipkó Istvánné tejüzeme, Pest

x

30.4.2005

13.

13513

Drávatej Kft., Barcs, Somogy

x

30.4.2005

14.

14514

Tiszatej Kft., Rakamaz, Szabolcs

x

30.4.2005

15.

14515

Farmtej Kft., Kemecse, Szabolcs

x

30.4.2005

16.

15516

Jásztej Rt., Jászapáti, Jász

x

30.4.2005

17.

15517

Kuntej Rt., Tiszafüred, Jász

x

30.4.2005

18.

16518

Dámtej Kft., Tamási, Tolna

x

30.4.2005

19.

17519

Tejfeldolgozó és Kereskedelmi Kft., Körmend, Vas

x

30.4.2005

20.

18520

Gici sajt Kft., Gic, Veszprém

x

30.4.2005

21.

20521

Soma's Trade Kft., Budapest

x

30.4.2005

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(1)  
  OJ L 236, 23.9.2003, p. 17.

1

(2)  
  OJ L 236, 23.9.2003, p. 33.

2

(3)  
  OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

3

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