2004/280/EC: Commission Decision of 19 March 2004 laying down transitional measures for the marketing of certain products of animal origin 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) 845)
Date: 2004-03-19
Institutions: European Commission
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, animal product, health control, intra-EU trade, market approval, transitional period (EU)

L 87/60

EN

Official Journal of the European Union

25.3.2004

COMMISSION DECISION

of 19 March 2004

laying down transitional measures for the marketing of certain products of animal origin obtained
in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia

(notified under document number C(2004) 845)

(Text with EEA relevance)

(2004/280/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, products of animal origin obtained
in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia (the new
Member States), will have to be placed on the market in
compliance with the relevant Community rules in par-
ticular as regards the structure of and hygiene in estab-
lishments and the control and the health marking of the
products.

those products will be subject

In particular,
to the
requirements laid down in Council Directive 64/433/
EEC of 26 June 1964 on health problems affecting intra-
Community trade in fresh meat (1), Council Directive 71/
118/EEC of 15 February 1971 on health problems
affecting trade in fresh poultrymeat (2), Council Directive
77/99/EEC of 21 December 1976 on health problems
affecting intra-Community trade in meat products (3),
Council Directive 89/437/EEC of 20 June 1989 on
hygiene and health problems affecting the production
and the placing on the market of egg products (4)
Council Directive 91/493/EEC of 22 July 1991 laying
down the health conditions for the production and the
placing on the market of fishery products (5), Council
Directive 91/495/EEC of 27 November 1990 concerning

public health and animal health problems affecting the
production and placing on the market of rabbit meat
and farmed game meat (6), Council Directive 92/45/EEC
of 16 June 1992 on public health and animal health
problems relating to the killing of wild game and the
placing on the market of wild game meat (7), Council
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
products (8), Council Directive 92/118/EEC of 17
December 1992 laying down animal health and public
health requirements governing trade in and imports into
the Community of products not subject
to the said
requirements laid down in specific Community rules
referred to in Annex A(I) to Directive 89/662/EEC and,
as regards pathogens, to Directive 90/425/EEC (9) and
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 (10).

(3)

(4)

(5)

Certain of those products of animal origin obtained in
the new Member States before the date of Accession
may be in stocks after the date of Accession. However,
those products of animal origin may not comply with all
the Community veterinary requirements.

In order to facilitate the transition from the existing
regime in the new Member States to that resulting from
the application of the Community veterinary legislation,
it is appropriate to lay down transitional measures for
the marketing of those products.

Those measures should take account of the origin of
those products of animal origin and the stocks of packa-
ging and packing and labels material bearing printed
marks.

(1) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by Direc-

(6) OJ L 268, 24.9.1991, p. 41. Directive as amended by Regulation

tive 95/23/EC (OJ L 243, 11.10.1995, p. 7).

(EC) No 806/2003.

(2) OJ L 55, 8.3.1971, p. 23. Directive as last amended by Regulation

(7) OJ L 268, 14.9.1992, p. 35. Directive as amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(EC) No 806/2003.

(3) OJ L 26, 31.1.1977, p. 85. Directive as amended by Regulation (EC)

No 807/2003.

(8) OJ L 268, 14.9.1992, p. 1. Directive as amended by Regulation (EC)

No 806/2003.

(4) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regu-

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

(9) OJ L 62, 15.3.1993, p. 49. Directive as amended by Commission

Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004, p. 60).

(5) OJ L 268, 24.9.1991, p. 15. Directive as amended by Regulation

(10) OJ L 368, 31.12.1994, p. 10. Directive as corrected by Regulation

(EC) No 806/2003.

(EC) No 806/2003.

25.3.2004

EN

Official Journal of the European Union

L 87/61

(6)

(7)

Article 53 of the Act of Accession provides that the new
Member States are to be considered as having received
notification of 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,

HAS ADOPTED THIS DECISION:

Article 3

By way of derogation from Article 2(1), Member States shall
from 1 May to 31 August 2004 authorise the trade in products
referred to in Article 1 which are obtained in establishments
the
authorised to export
products:

to the Community provided that

(a) bear the Community export health mark of the establish-

ments concerned;

(b) are accompanied by a document as set out in the Directives
referred to in Article 1 in which the competent authority of
the new Member States of origin certifies the following:
‘Produced before 1 May 2004, in conformity with Commis-
sion Decision 2004/280/EC.’

Article 1

Article 4

This Decision shall apply to products of animal origin which
are covered by Directives 64/433/EEC, 71/118/EEC, 77/99/
EEC, 89/437/EEC, 91/493/EEC, 91/495/EEC, 92/45/EEC, 92/
46/EEC, 92/118/EEC and 94/65/EC and obtained before 1 May
2004 in establishments in the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia
and
Slovakia (the new Member States).

Article 2

1.
Products referred to in Article 1 may from 1 May to 31
December 2004 be placed on the market in the new Member
State of origin provided that
they bear the national mark
prescribed in that new Member State before 1 May 2004 for
products of animal origin fit for human consumption.

2. Member States shall ensure, in accordance with Council
Directive 89/662/EEC (1) and in particular Article 3 thereof,
traded
that products referred to in paragraph 1 are not
between Member States.

Stocks of preprinted wrapping and packaging material and
labels bearing the mark prescribed in the new Member State of
origin before 1 May 2004 for products of animal origin fit for
human consumption, may be used until 31 December 2004,
for the placing on the domestic market as provided for in
Article 2.

Article 5

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

This Decision is addressed to the Member States.

Article 6

Done at Brussels, 19 March 2004.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.