2004/253/EC: Commission Decision of 10 March 2004 laying down the transitional measures to be applied by Hungary with regard to veterinary checks on live animals entering Hungary from Romania (Text with EEA relevance) (notified under document number C(2004) 724)
Date: 2004-03-10
Institutions: European Commission
Subjects: Hungary, Romania, border control, live animal, originating product, veterinary inspection

17.3.2004

EN

Official Journal of the European Union

L 79/47

COMMISSION DECISION

of 10 March 2004

laying down the transitional measures to be applied by Hungary with regard to veterinary checks
on live animals entering Hungary from Romania

(notified under document number C(2004) 724)

(Text with EEA relevance)

(2004/253/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

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 Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organisation of
veterinary checks on animals entering the Community from
third countries and amending Directives 89/662/EEC, 90/425/
EEC and 90/675/EEC (1), and in particular Article 17b thereof,

Having regard to the 2003 Act of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia to the European Union, and to
the adjustments to the treaties on which the European Union is
founded, and in particular Article 42 thereof,

Whereas:

Hungary has been granted a transitional period of three
years with regard to the regime to be applied at the
border with Romania for the veterinary checks on live
animals.

The measures to ensure that all checks provided for in
Directive 91/496/EC are carried out by the Hungarian
authorities during this period should be defined.

In view of the continuing negotiations with Romania
concerning Romania's accession to the European Union,
it is inappropriate to require facilities to be developed at
crossing points on the Hungarian-Romanian border to
carry out checks on live animals.

Therefore, during the transitional period, provision
should be made for inspections to be carried out at
inspection sites near the Hungarian-Romanian border
that are linked to crossing points. The implementation
of
the relevant provisions of Directive 91/496/EEC
should be adjusted accordingly.

(1)

(2)

(3)

(4)

(5)

(6)

Article 1

Scope

At the border with Romania, Hungary shall
implement the
dispositions of chapter I of Directive 91/496/EEC from 1 May
2004 until 30 April 2007 in accordance with the provisions of
this Decision.

Article 2

Definitions

For the purpose of this Decision, the following definitions shall
apply:

1.

2.

‘crossing point’ means a location situated at
the border
between Hungary and Romania, where live animals shall be
presented to enter the Community and shall be checked in
accordance with Directive 91/496/EEC as adapted by this
Decision.

‘inspection site’ means a location situated near the border
between Hungary and Romania where the checks on live
animals shall be completed in accordance with Directive 91/
496/EEC as adapted by this Decision.

Article 3

Adaptation of veterinary checks

The provisions of Chapter I of Directive 91/496/EEC and
implementing acts thereof shall be applied to veterinary checks
on live animals entering Hungary from Romania in accordance
with the following adaptations:

Article 53 of the Act of Accession provides that the new
Member States are to be considered as having received
notification of this Decision upon accession.

(a) in Article 3(1)(a), Article 4(1), Article 8(A)(1) (a) and Article
12(1)(c) of Directive 91/496/EEC the notion of ‘crossing
point’ shall be substituted for ‘border inspection post’;

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

(b) in Article 3(1)(b) and (c), Article 4(2), Article 7, Article
8(A)(2), Article 9 and Article 10 of Directive 91/496/EEC
the notion of
‘inspection site’ shall be substituted for
‘border inspection post’;

(1) OJ L 268, 24.9.1991, p. 56. Directive as amended by the 2003 Act

of Accession (OJ L 236, 23.9.2003).

(c) Article 6 of Directive 91/496/EEC shall not apply.

L 79/48

EN

Official Journal of the European Union

17.3.2004

Article 4

Requirements for inspection sites

Inspection sites
Annex I.

shall

satisfy the requirements

set out

in

Article 5

Specific requirements for the operation of crossing points
and inspections sites

1.
All live animals presented for entry into the Community
at the border between Romania and Hungary shall be presented
by road to the crossing point listed in Annex II.

The crossing point shall be linked to the inspection sites
2.
listed in Annex III. The crossing point and its corresponding
inspection sites shall be placed under the responsibility of veter-
inary services responsible for border checks.

Live animals

shall be moved immediately from the
3.
crossing point
to the corresponding inspection sites under
customs supervision and accompanied by personnel from the
competent authority. In addition, the authority locally respon-
sible for the crossing point shall inform the official veterinarian
responsible for the designated inspection site, by fax, of the
departure of each consignment.

natural or legal persons, and shall take all measures necessary
to ensure that they are implemented. These penalties must be
effective, proportionate and dissuasive. In serious cases, they
may include destruction of the animals in accordance with the
provisions of Article 12 of Directive 91/496/EEC. The
Hungarian authorities shall notify those provisions to the
Commission by 1 May 2004 at the latest and shall notify it
without delay of any subsequent amendment affecting them.

Article 7

This Decision shall take effect subject to and on the date of
entry into force of the Act of Accession.

Article 8

This Decision is applicable until 30 April 2007.

Article 9

This Decision is addressed to Member States.

Article 6

Implementation

Done at Brussels, 10 March 2004.

The Hungarian authorities shall
lay down the implementing
provisions for this Decision, in particular on penalties applic-
able to infringements to Article 5.1 and 5.3 committed by

For the Commission

David BYRNE

Member of the Commission

17.3.2004

EN

Official Journal of the European Union

L 79/49

ANNEX I

Inspection sites must be equipped and staffed with:

1. facilities (preferably easy to clean and disinfect) for unloading and loading the different means of road transport, and
for inspection, feeding, watering and treatment of the animals, with adequate space, lighting and ventilation for the
number of animals to be inspected; the facilities must provide adequate protection from the weather for animals at
all seasons of the year;

2. sufficiently large premises at the disposal of the staff responsible for carrying out veterinary checks, including chan-

ging rooms, toilets and adequate means for cleansing and disinfection of personnel;

3. appropriate premises and facilities for taking the samples for the routine checks laid down in Community rules;

4. an efficient communication system between the crossing point and the inspection centres;

5. equipment and facilities for cleansing and disinfection operations;

6. sufficient numbers, in relation to the numbers of animals dealt with, of veterinary and auxiliary staff specially trained

to carry out checks foreseen by Directive 91/496/EEC.

Nagylak

ANNEX II

ANNEX III

Inspection sites:

Site No 1: Horse Farm, Magyarcsanád, Külterület, 0180/115.

Site No 2: Nagylak, Határátkelo, HRSZ 031/8.