2004/205/EC: Commission Decision of 1 March 2004 laying down transitional measures for intra-Community trade in semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (Text with EEA relevance) (notified under document number C(2004) 574)
Date: 2004-03-01
Institutions: European Commission
Subjects: accession to the European Union, animal breeding, enlargement of the Union, health certificate, intra-EU trade, veterinary inspection

3.3.2004

EN

Official Journal of the European Union

L 65/23

COMMISSION DECISION

of 1 March 2004

laying down transitional measures for intra-Community trade in semen, ova and embryos of the
bovine, porcine, ovine, caprine and equine species obtained in the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

(notified under document number C(2004) 574)

(Text with EEA relevance)

(2004/205/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 42 thereof,

Whereas:

(1)

(2)

From 1 May 2004 semen, ova and embryos of the
bovine, porcine, ovine, caprine and equine species
obtained in the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
(the New Member States) and intended for intra-Com-
munity trade will have to comply with all the conditions
established by the relevant Community legislation.

those products will be subject

In particular,
to the
animal-health requirements laid down in Council Direc-
tive 88/407/EEC of 14 June 1988 laying down the
animal health requirements applicable to intra-Com-
munity trade in and imports of semen of domestic
animals of the bovine species (1), Council Directive 89/
556/EEC of 25 September 1989 on animal health condi-
tions governing intra-Community trade in and importa-
tion from third countries of embryos of domestic
animals of the bovine species (2), Council Directive 90/
429/EEC of 26 June 1990 laying down the animal
health requirements applicable to intra-Community trade
in and imports of semen of domestic animals of the
porcine species (3) and Council Directive 92/65/EEC of
13 July 1992 laying down animal health requirements
governing trade in and imports into the Community of

(1) OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commis-

sion Decision 2004/101/EC (OJ L 30, 4.2.2004, p. 15).

(2) OJ L 302, 19.10.1989, p. 1. Directive as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3) OJ L 224, 18.8.1990, p. 62. Directive as last amended by Regu-

lation (EC) No 806/2003.

animals, semen, ova and embryos not subject to animal
health requirements laid down in specific Community
rules referred to in Annex A (I) to Directive 90/425/
EEC (4).

Certain of those animal products obtained in the New
Member States before the date of Accession may be in
stocks after
those
animal products may not comply with all the animal
to intra-Community
applicable
health requirements
trade.

the date of Accession. However,

In order to facilitate the transition from the existing
regime for products from the New Member States to
that resulting from the application of the Community
animal health legislation, it appears appropriate to lay
down transitional measures for trade in those products.

Article 53 of the Act of Accession provides that the new
Member States shall be considered as having received
notification of the present Decision upon Accession.

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

(3)

(4)

(5)

(6)

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to semen, ova and embryos of the
bovine, porcine, ovine, caprine and equine species which are
subject to the animal-health requirements laid down in Direc-
tives 88/407/EEC, 89/556/EEC, 90/429/EEC and 92/65/EEC
and are obtained before 1 May 2004 in the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (the New Member States).

(4) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commis-
sion Regulation (EC) No 1398/2003 (OJ L 198, 6.8.2003, p. 3).

L 65/24

EN

Official Journal of the European Union

3.3.2004

Article 2

Article 4

From 1 May 2004 products referred to in Article 1 shall not be
dispatched to other Member States.

Article 3

The Member States shall
take the necessary measures to
comply with this Decision and publish those measures. They
shall immediately inform the Commission thereof.

By way of derogation from Article 2,

1.
referred to in Article 1 may,
December 2004:

the products
from 1 May 2004 until 31

(a) be dispatched to other New Member States provided that:
(i) the State of destination authorises the dispatch,
(ii) the conditions established by the State of destination

before 1 May 2004 are complied with;

(b) enter intra-Community trade provided that the products:

(i) were obtained in centres or by teams authorised to

export to the Community,

(ii) bear the approval number assigned to the centre or
team for the purpose of exports to the Community.

The animal health certificate accompanying consignments
2.
of
the products referred to in paragraph 1 shall bear the
following additional certification signed by the official veteri-
narian:

‘Semen, ova or embryos (delete as appropriate) of
the
bovine, porcine, ovine, caprine or equine species (delete as
appropriate) conforming to the requirements of Commis-
sion Decision 2004/205/EC (*) and obtained before 1 May
2004.

(*) OJ L 65, 3.3.2004, p. 23.’

Article 5

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

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 1 March 2004.

For the Commission

David BYRNE

Member of the Commission