2004/372/EC: Commission Decision of 13 April 2004 amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community (Text with EEA relevance) (notified under document number C(2004) 1308)
Date: 2004-04-13
Institutions: European Commission
Subjects: animal product, health certificate, health control, intra-EU trade, meat, veterinary inspection

23.4.2004

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Official Journal of the European Union

L 118/45

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 13 April 2004

amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary
certification for certain products transiting or being temporarily stored in the Community

(notified under document number C(2004) 1308)

(Text with EEA relevance)

(2004/372/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 72/462/EEC of 12
December 1972 on health and veterinary inspection problems
upon importation of bovine, ovine and caprine animals and
swine, fresh meat or meat products from third countries (1),
and in particular Article 3(1), Articles 14 and 15 and Article
22(2) thereof,

Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the animal health rules governing
the production, processing, distribution and introduction of
products of animal origin for human consumption (2), in par-
ticular Article 8(5), third indent, and Article 9(2)(b) and (4)(c),

Whereas:

(1)

(2)

Council Decision 79/542/EEC lays down the Community
health conditions on imports of animals and fresh meat
including minced meat from third countries (3).

Council Directive 97/78/EC lays down the principles
governing the organisation of veterinary checks on
products entering the Community from third coun-
tries (4) and certain provisions for transit are already
provided for in Article 11, such as the use of ANIMO
messages and of the common veterinary entry docu-
ment.

(1) OJ L 302, 31.12.1972 p. 28. Directive as last amended by Regu-

lation (EC) No 807/2003 (O J L 122, 16.5.2003, p. 36).

(2) OJ L 18, 23.1.2002, p. 11.
(3) OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commis-

sion Decision 2004/212/EC (OJ L 73, 11.3.2004, p. 11).

(4) OJ L 24, 30.1.1998, p. 9. Directive as last amended by the Act
concerning the conditions of Accession (OJ L 236, 23.9.2003, p.
381).

However, it is necessary in order to safeguard the disease
situation in the Community to further ensure that
consignments of fresh meat transiting through the Com-
munity comply with the animal health conditions applic-
able for authorised countries in regard to the relevant
species concerned.

(4)

(5)

(6)

In the light of experience, it appears that the presenta-
tion to the border inspection post, pursuant to Article 7
of Directive 97/78/EC, of the original veterinary docu-
ments established in the exporting third country to fulfil
the regulatory requirement of the third country of desti-
nation, is not sufficient to ensure that the animal health
conditions required for the safe introduction into the
territory of the Community of the products concerned
are effectively satisfied;
is therefore appropriate to
establish a specific model of animal health certificate to
be used in transit situations for the products concerned.

it

It is further appropriate to clarify the implementation of
the condition laid down in Article 11 of Directive 97/
78/EC, that transit is only allowed from third countries
whose products are not prohibited for introduction in
the territory of the Community, by making reference to
the list of third countries annexed to Decision 79/542/
EEC.

However, specific conditions for transits via the Com-
munity of consignments to and from Russia should be
foreseen due to the geographical situation of Kaliningrad
and taking into account climatic problems impeding the
use of some ports at certain times of the year.

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(7)

(8)

(9)

Commission Decision 2001/881/EC draws up a list of
border inspection posts agreed for veterinary checks on
animals and animal products from third countries and
updating the detailed rules concerning the checks to be
carried out by the experts of the Commission (1) and it is
appropriate to specify the border inspection posts desig-
nated for the control of such transits taking into account
this Decision.

Council Decision 79/542/EEC should be
accordingly.

amended

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

Council Decision 79/542/EEC is amended as follows:

1. The following Article 12a is inserted:

‘Article 12a

including minced meat,

Member States shall ensure that consignments of meat for
human consumption,
introduced
onto the territory of the Community and which are destined
for a third country either by transit immediately or after
storage in accordance with Articles 12(4) or 13 of Directive
97/78/EC, and not intended for importation into the Com-
munity shall comply with the following requirements:
(a) they shall come from the territory of a third country or
a part thereof listed in Annex II, part 1, of this Decision
for the import of fresh meat of that species;

(b) they shall meet the specific animal health conditions for
the species concerned set out
in the corresponding
model animal health certificate drawn up pursuant to
Annex II, part 2;

(c) they shall be accompanied by an animal health certifi-
cate established in accordance with the model laid down
in Annex III, signed by an official veterinarian of the
competent veterinary services of
the third country
concerned;

(d) they are certified as acceptable for transit or storage (as
appropriate) on the common veterinary entry document
by the official veterinarian of the border inspection post
of introduction.’

listed in Annex IV, of consignments
inspection posts
coming from and destined to Russia directly or via another
third country provided that the following conditions are
met:
(a) the

serially
numbered seal at the border inspection post (BIP) of
entry to the Community by the veterinary services of
the competent authority;

sealed with a

consignment

shall be

(b) the documents accompanying the consignment and
referred to in Article 7 of Directive 97/78/EC shall be
stamped “ONLY FOR TRANSIT TO RUSSIA VIA THE
EC” on each page by the official veterinarian of the
competent authority responsible for the BIP;

(c) the procedural requirements provided for in Article 11

of Directive 97/78/EC shall be complied with;

(d) the consignment is certified as acceptable for transit on
the common veterinary entry document by the official
veterinarian of the border inspection post of introduc-
tion.

2.
Unloading or storage, as defined in Article 12(4) or
Article 13 of Directive 97/78/EC, of such consignments on
Community territory shall not be allowed.

Regular audits

3.
shall be made by the competent
authority to ensure that the number of consignments and
the quantities of products leaving the Community territory
matches the number and quantities entering.’

3. The Annexes are amended in accordance with the Annex to

this Decision.

Article 2

This Decision shall apply from 1 May 2004.

Article 1(1) and point 1 of the Annex shall only apply from 1
January 2005.

Article 3

This Decision is addressed to the Member States.

2. The following Article 12b is inserted:

Done at Brussels, 13 April 2004.

‘Article 12b

By way of derogation from Article 12a, Member States
1.
shall authorise the transit by road or by rail through the
Community, between the designated Community border

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 326, 11.12.2001, p. 44. Decision as last amended by Decision

2004/273/EC (OJ L 86, 24.3.2004, p. 21).

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The Annexes to Decision 79/542/EEC are amended as follows:

1. The following Annex III is added:

ANNEX

‘ANNEX III

(Transit and/or storage)

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2. The following Annex IV is added:

‘ANNEX IV

List of the specifically designated border inspection posts referred to in Article 12b

ISO code

Member State

BIP

LT

LV

PL

Lithuania

Latvia

Poland

As laid down in Decision 2001/881/EC for Lithuania

As laid down in Decision 2001/881/EC for Latvia

As laid down in Decision 2001/881/EC for Poland’