30.4.2004 Official Journal of the European Union L 154/97 EN 
COMMISSION DECISION 
of 29 April 2004 
adopting a transitional measure in favour of ce rtain establishments in the milk sector in 
Slovakia 
(notified under document number C(2004) 1716) 
(Text with EEA relevance) 
(2004/440/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 Slovakia1, 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 Slovakia one high capacity milk proc essing establishment has difficulties in 
complying on 1 May 2004 with the relevant structural requirements laid down in  
Annex B to 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 
products3. 
(2) Accordingly this establishment needs time to  finalize its upgrading process in order to 
be in full compliance with the relevant structural requirements laid down in Directive 
92/46/EEC. 
(3) This establishment which is currently in an advanced state of upgrading, has given 
reliable guarantees that it has the necessary funds to correct their remaining shortcomings within a reasonable time and has received a favourable opinion from the 
Slovak Food and Veterinary Service, as re gards the finalisation of its upgrading 
process. 
(4) For Slovakia, the detailed information regarding the shortcomings for each 
establishment is available. 
                                                
 
1 OJ L 236, 23.9.2003, p. 17 
2 OJ L 236, 23.9.2003, p. 33 
3 OJ L 268, 14.9.1992, p. 1. Directive as amended by Regulation (EC) No 807/2003 
(5) In order to facilitate the transition from the existing regime in Slovakia to that resulting 
from the application of the Community veterinary legislation, it is justified therefore at 
the request of Slovakia, to grant a transitional period for this establishment as an 
exceptional measure. 
(6) Due to the exceptional nature of this transitional derogation which was not foreseen 
during the enlargement negotiations, no furt her requests by Slovakia for transitional 
measures concerning structural requirement s 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. 
(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 Annex B to Directive 92/46/EEC shall not 
apply to the establishments in Slovakia listed in the Annex to this Decision, subject 
to the conditions laid down in paragraph 2, until the date indicated for this establishment. 
2. The following rules shall apply to products originating in the establishment referred 
to in paragraph 1: 
– as long as the establishment listed in the Annex to this Decision benefits from 
the provisions of paragraph 1, products  originating from this establishment 
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. 
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 establishment in transition 
Sector: Milk 
Activity of the establishments  
No Veterinary 
approval number Name and address of 
establishment Milk and milk based products Date of 
compliance 
1. DT 4-6-21 KOLIBA a.s Krivec 
962 05 Hrinová x 31.10.2004