30.4.2004 Official Journal of the European Union L 154/93 EN 
COMMISSION DECISION 
of 29 April 2004 
adopting a transitional measure in favour of certain establishments in the meat sector in 
Malta 
(notified under document number C(2004) 1707) 
 
(Text with EEA relevance) 
 
(2004/439/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 Slovakia2, and in particular Article 42 
thereof, 
Whereas: 
(1) In Malta seven high capacity meat establishments have difficulties in complying on 1 
May 2004 with the relevant structural requirements laid down in Annex I to Council 
Directive 64/433/EEC of 26 June 1964 on health conditions for the production and 
marketing of fresh meat , in Annexes A and B to Council Directive 77/99/EEC of 21 
December 1976 on health problems affect ing the production and marketing of meat 
products and certain other products of animal origin and in Annex I to 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. 
(2) Accordingly those seven establishments need  time to finalize their upgrading process 
in order to be in full compliance with the relevant structural requirements laid down in 
the Directives 64/433/EEC, 77/99/EEC and 94/65/EC. 
(3) These seven 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 
                                                 
1 OJ L 236, 23.9.2003, p. 17 
2 OJ L 236, 23.9.2003, p. 33 
opinion from the Maltese Food and Veterinary  Regulation Division of the Ministry for 
Rural Affairs and the Environment, as re gards the finalisation of their upgrading 
process. 
(4) For Malta, the detailed information regarding the shortcomings for each establishment 
is available. 
(5) In order to facilitate the transition from the existing regime in Malta to that resulting 
from the application of the Community veterinary legislation, it is justified therefore at 
the request of Malta, to grant a transitional period for those seven 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 Malta for transitional 
measures concerning structural requiremen ts of establishments producing animal 
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 31 December 2004 
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 peri od 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. 
HAS ADOPTED THIS DECISION:  
Article 1 
1. The structural requirements laid down in Annex I to Directive 64/433/EEC, in 
Annexes A and B to Directive 77/99/EEC and in Annex I to Directive 94/65/EC shall 
not apply to the establishments in Malta 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. This rule shall 
also applies to products originating from integrated meat establishments where a part of the establishment is subject to the provisions of paragraph 1,  
– 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  
Meat establishments in transition 
Sector: Meat 
Activity of the establishments  
Veterinary 
approval 
number Name and address of 
establishment Fresh 
meat, 
Slaughter, 
Cutting Meat 
products Minced 
meat, Meat 
preparation Date of 
compliance 
1. MP003 Chef Choice, Triq il-Latmija, 
Zabbar x x x 31.12.2004 
2. MP004 Prime Ltd, Mgieret Road, Marsa x x x 31.12.2004 
3. MP005 Dewfresh Products, Pastoral 
House, Prince Albert Street, Albertown, Marsa x x x 31.12.2004 
4. MP006 Jolly Ltd, A52, Industrial Estate, 
Marsa x x x 31.12.2004 
5. MP007 E & M Meats 
Cospicua Road, Zejtun x x x 31.12.2004 
6. MP008 Mosta Bacon, 115, Hope Street, 
Mosta x x x 31.12.2004 
7. MP010 Tenderfresh, A25A, G. Garibaldi 
Street, Marsa x x x 31.12.2004