Corrigendum to Commission Decision 2004/469/EC of 29 April 2004 amending Decision 2001/881/EC as regards the list of border inspection posts in view of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

( Official Journal of the European Union L 160 of 30 April 2004 )

Decision 2004/469/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

amending Decision 2001/881/EC as regards the list of border inspection posts in view of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

(notified under document number C(2004) 1690)

(Text with EEA relevance)

(2004/469/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, 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, and in particular Article 57(1) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries, and in particular Article 6(2) thereof (1),

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checkes on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (2), and in particular Article 6(4) thereof,

Whereas:

(1) For certain acts which remain valid beyond 1 May 2004 and require adaptation by reason of accession, the necessary adaptations were not provided for in the 2003 Act of Accession, or were provided but need further adaptations. All these additional adaptations need to be adopted before accession so as to be applicable as from accession.

(2) Pursuant to Article 57(2) of the Act of Accession, such adaptations are to be adopted by the Commission in all cases where the Commission adopted the original act.

(3) The list in Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission (3) needs to be updated in view of the accession of the new Member States as the process of enlargement will result in significant changes in the external borders of the Community.

(4) The proposed locations put forward as border inspection posts with third countries in the new Member States have been the subject of inspection by the Commission and border inspection posts set up and completed in those locations in accordance with Community requirements should now be listed.

(5) At the same time, certain Member States, notably Austria, Germany, and Italy will cease to be the eastern borders of the Community with third countries, and certain of the existing land border inspection posts in those Member States will cease to function as such.

(6) Accordingly, the list of approved border inspection posts set out in Decision 2001/881/EC should be updated to take account of the border inspection posts in the new Member States and the loss of the function of certain of the border inspection posts in Germany, Austria and Italy.

(7) Commission Decision 2004/273/EC of 18 March 2004 adapting Decision 2001/881/EC as regards additions and deletions to the list of border inspections posts in view of the accession of Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (4) was based upon the preliminary inspection situation observed by the Commission in September 2003. Additional posts in new Member States have been completed since that date and have provided all the necessary guarantees and should therefore be added to the list.

(8) For the sake of clarity of Community legislation, the list in Decision 2001/881/EC should be replaced by the list in the Annex to this Decision.

(9) The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/881/EC is replaced by the Annex to this Decision.

Article 2

This Decision shall apply subject to and as from the date of entry into force of the 2003 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.