**Important legal notice**

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# 12003TN12/06/B1

**Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - Annex XII: List referred to in Article 24 of the Act of Accession: Poland - 6. Agriculture - B. Veterinary and phytosanitary legislation - I.  Veterinary legislation***Official Journal L 236 , 23/09/2003 P. 0881 - 0883*

I. VETERINARY LEGISLATION

1. 31964 L 0433: Council Directive 64/433/EEC on health conditions for the production and marketing of fresh meat (OJ P 121, 29.7.1964, p. 2012 and later amended and consolidated in OJ L 268, 29.6.1991, p. 71), as last amended by:

- 31995 L 0023: Council Directive 95/23/EC of 22.6.1995 (OJ L 243, 11.10.1995, p. 7);

31971 L 0118: Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultry meat (OJ L 55, 8.3.1971, p. 23 and later amended and updated in OJ L 62, 15.3.1993, p. 6), as last amended by:

- 31997 L 0079: Council Directive 97/79/EC of 18.12.1997 (OJ L 24, 30.1.1998, p. 31);

31977 L 0099: Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin (OJ L 26, 31.1.1977, p. 85 and later amended and updated in OJ L 57, 2.3.1992, p. 4), as last amended by:

- 31997 L 0076: Council Directive 97/76/EC of 16.12.1997 (OJ L 10, 16.1.1998, p. 25);

31991 L 0493: Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (OJ L 268, 24.9.1991, p. 15), as last amended by:

- 31997 L 0079: Council Directive 97/79/EC of 18.12.1997 (OJ L 24, 30.1.1998, p. 31);

31992 L 0046: 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 (OJ L 268, 14.9.1992, p. 1), as last amended by:

- 31996 L 0023: Council Directive 96/23/EC of 29.4.1996 (OJ L 125, 23.5.1996, p. 10);

31994 L 0065: Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations (OJ L 368, 31.12.1994, p. 10).

(a) The structural requirements laid down in Annex I to Directive 64/433/EEC, Annex I to Directive 71/118/EEC, Annexes A and B to Directive 77/99/EEC and Annex I to Directive 94/65/EC shall not apply to establishments in Poland listed in Appendix B to this Annex until 31 December 2007 and the structural requirements laid down in Annex B to Directive 92/46/EEC and the Annex to Directive 91/493/EEC shall not apply to establishments in Poland listed in Appendix B until 31 December 2006, subject to the conditions laid down below.

(b) As long as the establishments referred to in paragraph (a) above benefit from the provisions of that paragraph, products originating from those establishments shall only be placed on the domestic market or used for further processing in domestic establishments also covered by the provisions of paragraph (a), irrespective of the date of marketing. These products must bear a special health mark.

In the case of fresh, prepared or processed fishery products, these shall only be placed on the domestic market or be handled or further processed in the same establishment, irrespective of the date of marketing. Fresh, prepared or processed fishery products must be wrapped and/or packed in commercial units and must bear a special identification mark. Fresh unpacked fish shall not be marketed, except directly to the final consumer within the Poviat where the fishery products plant is situated. In this event, containers of fish in transit to the point of marketing must bear the aforementioned special identification mark.

The first subparagraph shall also apply to all products originating from integrated meat establishments, where a part of the establishment is subject to the provisions of paragraph (a). The milk processing establishments listed in Appendix B may receive deliveries of raw milk which do not comply with Annex A, Chapter IV, A (1), to Directive 92/46/EEC or which come from dairy farms which do not comply with Annex A, Chapter II, to that Directive, provided that those farms are mentioned on a list maintained for that purpose by the Polish authorities.

(c) The 56 milk processing establishments listed in Appendix B may process EU compliant and EU non-compliant milk on separate production lines. This authorisation is granted for the milk processing establishments until:

- 30 June 2005 for the 29 establishments listed in part I,

- 31 December 2005 for the 14 establishments listed in part II,

- 31 December 2006 for the 13 establishments listed in part III.

In this context, EU non-compliant milk is understood as deliveries of raw milk which do not comply with Annex A, Chapter IV, A (1), to Directive 92/46/EEC or which come from dairy farms which do not comply with Annex A, Chapter II, to that Directive, provided that those farms are mentioned on a list maintained for that purpose by the Polish authorities.

Such establishments must fully comply with the EU requirements for establishments, including the implementation of the Hazard Analysis Critical Control Point (HACCP) system (referred to in Article 14 of Directive 92/46/EEC [20]), and must demonstrate their capacity to fully comply with the following conditions, including designating their relevant production lines:

- take all necessary measures to allow for the proper observance of in-house procedures for the separation of milk starting from collection up to the final product stage, including routes of milk collection, separate storage and treatment of EU compliant and EU non-compliant milk, specific packing and labelling of products based on EU non-compliant milk as well as separate storage of such products,

- establish a procedure ensuring raw material traceability, including the necessary documentary evidence of product movements and the accountancy for products and reconciliation of compliant and non-compliant raw materials with the categories of products produced,

- expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds, and

- take all appropriate measures to ensure that the health marks are not used fraudulently.

The Polish authorities shall:

- ensure that the operator or manager of each establishment concerned takes all necessary measures to allow for the proper observance of in-house procedures for the separation of milk,

- conduct tests and unannounced controls relating to the observance of milk separation, and

- conduct tests in approved laboratories on all raw and finished products to verify their compliance with the requirements of Annex C to Directive 92/46/EEC, including the microbiological criteria for milk-based products.

The milk and/or milk-based products originating from separate production lines processing EU non-compliant raw milk in EU approved milk processing establishments may only be placed on the domestic market, irrespective of the date of marketing. If subject to further processing, the milk and/or milk-based products must not be mixed with EU compliant milk or EU compliant milk-based products, nor enter any other establishment which is not subject to transitional measures. These products shall bear a special health mark, irrespective of the date of marketing.

Milk and milk products produced in Poland under the above provisions shall only be granted support under Title I, Chapters II and III, except Article 11 thereof, and Title II of Council Regulation (EC) No 1255/1999 if they carry the oval health mark referred to in Annex C, Chapter IV. A, to Council Directive 92/46/EEC.

(d) Poland shall ensure gradual compliance with the structural requirements referred to in paragraph (a) in accordance with the deadlines for correcting existing shortcomings set out in Appendix B. The Polish authorities shall continuously supervise the carrying out of the establishments' officially approved individual development plans on the basis of uniform criteria. Poland shall ensure that only those meat establishments which fully comply with these requirements by 31 December 2007, and only those milk and fish establishments which fully comply by 31 December 2006, may thereafter continue to operate. Poland shall submit annual reports to the Commission on progress made in each of the establishments listed in Appendix B, including a list of the establishments which have completed the development plans during the year in question. As regards the milk establishments referred to in paragraph (c), the reporting shall be done every six months, commencing in November 2004.

(e) The Commission may update Appendix B to this Annex before accession and until the end of the transitional period. In this context the Commission may add to a limited extent individual establishments referred to in paragraph (a) or delete individual establishments referred to in paragraphs (a) and (c), in the light of progress made in the correction of existing shortcomings, the outcome of the monitoring process and the agreed gradual reduction of milk processing establishments milk with authorisation to process EU compliant milk and non-EU compliant milk as referred to in paragraph (c).

Detailed implementing rules to ensure the smooth operation of the above transitional regime shall be adopted in accordance with Article 16 of Directive 64/433/EEC, Article 21 of Directive 71/118/EEC, Article 15 of Directive 91/493/EEC, Article 20 of Directive 77/99/EEC, Article 31 of Directive 92/46/EEC and Article 20 of Directive 94/65/EC.

2. 31999 L 0074: Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (OJ L 203, 3.8.1999, p. 53).

Until 31 December 2009, 44 establishments in Poland listed in Appendix C to this Annex may maintain in service existing cages not meeting the minimum requirements laid down in Article 5(1)(4) and 5(1)(5) of Directive 1999/74/EC for minor construction elements (height and floor slope only), provided that the cages are at least 36 cm high over 65 % of the cage area and elsewhere at least 33 cm, and have a floor slope not greater than 16 % and were put into operation before the year 2000.

[20] Council Directive 92/46/EC laying down health rules for the production and placing on the market of raw mik, heat-treated milk and milk-based products (OJ L 268, 14.9.1992, p. 1). Directive as last amended by Council Directive 94/71/EC (OJ L 368, 31.12.1994, p. 33).

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