Decision 2004/436/EC of 29 April 2004 amending Decision 94/984/EC as regards the animal health conditions and veterinary certification for fresh poultrymeat transiting or being temporarily stored in the Community
Date: 2004-04-29
Institutions: European Commission
Subjects: Union transit, customs inspection, health certificate, health legislation, import, originating product, poultrymeat

30.4.2004 

EN 

Official Journal of the European Union 

L 154/59 

COMMISSION DECISION 

of 29 April 2004 

amending Commission Decision 94/984/EC as regards the animal health conditions and 
veterinary certification for fresh poultrymeat transiting or being temporarily stored in 
the Community 

(notified under document number C(2004) 1650) 

(Text with EEA relevance) 
(2004/436/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

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 consumption1, in particular Article 8 (5), third indent, and Article 9 
(2) (b) and (4) (c), 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 

3 

4 

Council  Directive  91/494/EEC  on  animal  health  conditions  governing 
intra-
Community trade in and imports from third countries of fresh poultrymeat2  lays down 
the  general  animal  health  conditions  for  imports  into  the  Community  from  third 
countries. 

Commission  Decision  94/984/EC  lays  down  animal  health  conditions  and  veterinary 
certificates for the importation of fresh poultrymeat from certain third countries3  

Council  Directive  97/78/EC  lays  down  the  principles  governing  the  organisation  of 
veterinary  checks  on  products  entering  the  Community  from  third  countries4  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 document.  

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

OJ L 18, 23.1.2002, p. 11. 
OJ L 268, 24.9.1991, p. 35. Directive as last amended by Directive 1999/89/EC (OJ L 300, 23.11.1999, 
p. 17.). 
OJ L 378, 31.12.1994, p. 11. Decision as last amended by Decision 2004/118/EC (OJ L 36, 7.2.2004, 
p. 34.). 
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.). 

 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

Council  Decision  79/542/EEC  drawing  up  a  list  of  third  countries  or  parts  of  third 
countries,  and  laying  down  animal  and  public  health,  and  veterinary  certification  
conditions  for  the  importation  into  the  Community  of  certain  live  animals  and  their 
fresh meat5, has recently been amended to include transit conditions and a derogation 
for  transit  between  Russia  with  a  reference  to  the  specific  borber  inspection  posts 
designated for this latter purpose. 

In the light of experience, it appears that the presentation to the border inspection post, 
pursuant  to  Article  7  of  Directive  97/78/EC,  of  the  original  veterinary  documents 
established  in  the  exporting  third  country  to  fulfil  the  regulatory  requirement  of  the 
third country of destination, 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;  it  is  therefore  appropriate  to  establish  a  specific 
model  of  animal  health  certificate  to  be  used  in  transit  situations  for  the  products 
concerned. 

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 94/984/EC. 

However  specific  conditions  for  transits  via  the  Community  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. 

Commission Decision 2001/881/EC draws up a list of border inspection posts agreed 
for  veterinary  checks  on  animals  and  animal  products  from  third  countries6  and  it  is 
appropriate  to  specify  the  border  inspection  posts  designated  for  the  control  of  such 
transits taking into account this Decision. 

(10)  Commission Decision 94/984/EC should be amended accordingly. 

(11)  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: 

5 

6 

OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commission Decision 2004/xxx/EC (OJ L nn, 
dd.mm.2004, p. nn) [C(2004) 1308]. 
OJ  L  326,  11.12.2001,  p.  44.  Decision  as  last  amended  by  Commission  Decision  2004/273/EC  (OJ 
L 86, 24.3.2004, p. 21.). 

2 

 
  
 
                                                 
Article1 

Commission Decision 94/984/EC is amended as follows: 

1. 

The following Article 1a  is inserted: 

“Article 1a 

Member  States  shall  ensure  that  consignments  of  poultry  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 
EC shall comply with the following requirements: 

(a) 

(b) 

(c) 

they shall come from the territory of a third country or a part thereof listed in 
Annex I of this Decision for the import of fresh poultry meat. 

they  shall  meet  the  specific  animal  health  conditions  set  out  in  the  animal 
health  attestation  part  of  the  model  certificate,  part  A  or  B,  drawn  up  under 
Annex II part 2. 

they  shall  be  accompanied  by  an  animal  health  certificate  established  in 
accordance  with  the  model  C  laid  down  in  Annex  II  part  2,  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.” 

2. 

The following Article 1b is inserted: 

“Article 1b 

1. 

By way of derogation from Article 1a Member States shall authorise the transit 
by  road  or  by  rail  through  the  Community,  between  designated  Community 
border  inspection  posts  listed  in  the  Annex  to  Decision  2001/881/EC,  of 
consignments coming from and destined to Russia directly or via another third 
country provided that the following conditions are met: 

(a) 

(b) 

the  consignment  shall  be  sealed  with  a  serially  numbered  seal  at  the 
border inspection post of entry to the EC by the veterinary services of the 
competent authority; 

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; 

3 

 
  
 
(c) 

(d) 

the  procedural  requirements  provided  for  in  Article  11  of  Directive 
97/78/EC shall be complied with; 

the  consignment  is  certified  as  acceptable  for  transit  on  the  Common 
Veterinary  Entry  Document  by  the  Official  Veterinarian  of  the  Border 
Inspection Post of introduction. 

unloading  or  storage,  as  defined  in  Article12  (4)  or  Article  13  of  Directive 
97/78/EC, on EC territory of such consignments shall not be allowed. 

regular  audits  shall  be  made  by  the  competent  authority  to  ensure  that  the 
number of consignments and the quantities of products  leaving the EC territory 
matches the number and quantities entering.” 

2. 

3. 

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 point 1 and the Annex shall only apply from 1 January 2005. 

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 

4 

 
  
 
 
 
 
ANNEX 

Annex II part 2 to Decision 94/984/EC is amended as follows: 

The following Model C certificate is added: 

“MODEL C 
(Transit and/or storage) 

Model TRANSIT/STORAGE 
1.  Consignor (name and address in full)  

…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 

2.  Consignee (name and address in full) 

…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 
Intended [transit]/[storage](7) destination of the meat 

5. 
5.1  Storage in:  

EU Member State:……………………..………………. 
Name and address of the establishment(5) (10) : 
…….……………………………………………………. 
…….……………………………………………………. 

5.2  Transit final third country destination(10): 

…….……………………………………………………. 
Exit Community BIP name and address(10): 
…….……………………………………………………. 
7.  Means of transport and consignment identification(6) 
7.1 
7.2  Registration number(s), ship name or flight number :….. 
…….……………………………………………………. 
…….……………………………………………………. 
Identification of the meat 

[Lorry][Rail-wagon][Ship][Aircraft](7) 

VETERINARY CERTIFICATE 

for fresh poultry meat (1), for [transit] [storage](2) (7)   
in the European Community 

No(3)  

ORIGINAL 

3.  Origin of the meat(4)  
3.1  Country name and ISO code :…………………………… 
3.2  Code of territory : ……………………………………… 
4.  Competent Authority 
4.1  Ministry:………………………………………………… 
4.2  Service:………………………………………………….. 
…….……………………………………………………. 
4.3  Local/Regional level:…………………………………… 
…….……………………………………………………. 

6. 

…….……………………………………………………. 
Place of loading for exportation 
…….……………………………………………………. 

…….……………………………………………………. 

7.3  Consignment identification details(8): 

…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 

8. 
8.1  Meat from: ……..……………………………………………………………………….…………………. (animal species). 
8.2  Temperature conditions of the poultry meat included in this consignment : chilled/frozen(5)  
8.3 

Individual identification of the poultry  meat included in this consignment : 

Nature 

Number of the establishment(s) 

Number of 

Net 

                  of cuts(8)                   |   Slaughterhouse | Cutting/Manufacturing |   Cold store    |   packages/pieces  | weight(kg). 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                                                                                                   Total     |                               |                   . 

5 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9.  Animal Health attestation 

I, the undersigned official veterinarian, hereby certify, that the freshpoultry meat described above : 

9.1  comes from a country or region authorized for imports into the EC as laid down in Annex I to Decision 94/984/EC at the 

time of slaughter and 

9.2  complies  with  the  relevant animal  health  conditions as  laid down  in  the  animal health  attestation  in  the  model  certificate 

A/B (7) in Annex II  part 2 to Decision 94/984/EC and 
is derived from poultry which were slaughtered and processed on or between  ……. (9). 

9.3 

10.     Official stamp and signature 

Done at ……………………………………………….. on ................................................................................................. 

(stamp) (11) 

(signature of official veterinarian) (11) 

(name in capital letters, qualifications and title) 

Notes 
(1)  Fresh  poultry  meat  means  any  parts  of  domestic  fowl,  turkeys,  guinea  fowl,  geese  and  ducks  which  are  fit  for  human 
consumption  and  which  have  not  undergone  any  treatment  other  than  cold  treatment  to  ensure  its  preservation:  vacuum-
wrapped  meat  or  meat  wrapped  in  a  controlled  atmosphere  must  also  be  accompanied  by  a  certificate  according  to  this 
model. 
In accordance with Article 12 (4) or Article 13 of Council Directive 97/78/EC. 
Issued by the competent authority. 

(2) 
(3) 
(4)  Country and description of territory as appearing the Annex to Commission Decision 94/984/EC (as last amended). 
(5)  Address  (and  approval  number  if  known)  of  the  warehouse  in  a  free  zone,  free  warehouse,  customs  warehouse  or  ship 

chandler shall be included. 

(6)  The registration number(s) of rail-wagon or lorry and the name of the ship should be given as appropriate. If known, the 

flight number of the aircraft. 
In  case  of  transport  in  containers  or  boxes,  the  total  number,  their  registration  and  seal  numbers,  if  present,  should  be 
indicated under point 7.3. 

(7)  Keep as appropriate. 
(8)  Complete if appropriate. 
(9)  Date or dates of slaughter. Imports of this meat shall not be allowed when obtained from animals slaughtered either prior to 
the date of authorisation for exportation to the European Community of the territory mentioned under (4), or during a period 
where restrictive measures have been adopted by the European Community against imports of this meat from this territory. 

(10)  Complete as appropriate. 
(11)  The  colour  of  the  signature  shall  be  different  to  that  of  the  printing.  The  same  rule  applies  to  stamps  other  than  those 

embossed or watermark. 

“ 

6