2004/459/EC:Commission Decision of 29 April 2004 adopting a transitional measure in favour of certain establishments in the milk sector in Hungary  (notified under document number C(2004) 1711) (Text with EEA relevance)
Date: 2004-04-29
Institutions: European Commission
Subjects: Hungary, accession negotiations, animal health, dairy industry, domestic market, health control, raw milk, transitional period (EU)

30.4.2004              EN                       Official Journal of the European Union                                         L 156/68 

COMMISSION DECISION 

of 29 April 2004 

adopting a transitional measure in favour of certain establishments in the milk sector in 
Hungary 

(notified under document number C(2004) 1711) 

(Text with EEA relevance) 

(2004/459/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  Slovakia30,  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  Slovakia31,  and  in  particular  Article  42 
thereof, 

Whereas: 

(1) 

(2) 

(3) 

In Hungary twenty-one milk processing establishments have difficulties in complying 
on  1  May  2004  with  the  relevant  structural  requirements  laid  down  in  Annex  B  to 
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 
products32. 

Accordingly  these  twenty-one  establishments  need  time  to  finalize  their  upgrading 
process in order to be in full compliance with the relevant structural requirements laid 
down in Directive 92/46/EEC. 

These  twenty-one  establishments  which  are  currently  in  an  advanced  state  of 
upgrading, have given reliable guarantees that they have the necessary funds to correct 
their remaining shortcomings within a reasonable time and have received a favourable 
opinion from the Hungarian Animal health and Food Control Department, as regards 
the finalisation of their upgrading process. 

(4) 

 For  Hungary,  the  detailed  information  regarding  the  shortcomings  for  each 
establishment is available. 

30 
31 
32 

OJ L 236, 23.9.2003, p. 17 
OJ L 236, 23.9.2003, p. 33 
OJ L 268, 14.9.1992, p. 1. Directive as amended by Regulation (EC) No 807/2003 

 
 
                                                 
30.4.2004              EN                       Official Journal of the European Union                                         L 156/69 

(5) 

(6) 

(7) 

(8) 

In  order  to  facilitate  the  transition  from  the  existing  regime  in  Hungary  to  that 
resulting  from  the  application  of  the  Community  veterinary  legislation,  it  is  justified 
therefore at the request of Hungary, to grant a transitional period for those twenty-one 
establishments as an exceptional transitional measure.  

Due  to  the  exceptional  nature  of  this  transitional  derogation  which  was  not  foreseen 
during  the  enlargement  negotiations,  no  further  requests  by  Hungary  for  transitional 
measures  concerning  structural  requirements  of  establishments  producing  milk  and 
milk products should be granted after the adoption of this decision.  

Taking account of the advanced stage of upgrading and the exceptional nature of the 
transitional measure, the transitional period should be limited to a maximum period of 
12 months and should not be prolonged after that date. 

It is appropriate to subject the establishments in transition covered by this Decision to 
the  same  rules  which  are  applicable  as  regards  the  products  originating  from  the 
establishments  to  which  a  transitional  period  for  structural  requirements  has  been 
granted in accordance with the procedure provided for in the relevant Annexes to the 
Act of Accession. 

(9) 

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 

1. 

2. 

The  structural  requirements  laid  down  Annex  B  to  Directive  92/46/EEC  shall  not 
apply to the establishments in Hungary listed in the Annex to this Decision, subject 
to  the  conditions  laid  down  in  paragraph  2,  until  the  date  indicated  for  each 
establishment. 

The following rules shall apply to products originating in the establishments referred 
to in paragraph 1: 

– 

as long as the establishments listed in the Annex to this Decision benefit from 
the provisions  of  paragraph 1, products originating from those establishments 
shall only be placed on the domestic market or used for further processing in 
the same establishment, irrespective of the date of marketing,  

– 

they shall bear the special health mark. 

Article 2 

This Decision shall apply subject to and as from the date of the entry into force of the Treaty 
of  Accession  of  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta, 
Poland, Slovenia and Slovakia. 

This Decision is addressed to the Member States. 

Article 3 

30.4.2004              EN                       Official Journal of the European Union                                         L 156/70 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission 

 
 
 
30.4.2004              EN                       Official Journal of the European Union                                         L 156/71 

ANNEX  

Milk establishments in transition 

Veterinary 
approval 
number 

Name and address of 
establishment 

Sector: Milk 
Activity of the establishments 
Milk and milk based products 

1. 

2. 

01501 

02502 

3.  1

03503 

4. 

04504 

5.  1

05505 

6. 

05506 

7.  1

06507 

8. 

06508 

9.  1

09509 

10.  1

12510 

11.   

12511 

12.  1

12512 

13.   

13513 

14.   

14514 

15.  1

14515 

16.   

15516 

17.   

15517 

18.   

16518 

19.   

17519 

Cheesio Kft., Véménd, Baranya 

Cosinus Gamma Kft. Sajtüzem, 
Kunszentmiklós, Bács 

Tejfeldolgozó és Sajtkészítő 
Üzem, Gyomaendrőd, Békés 

Abaújtej Közös Vállalat 
tejüzeme, Forró, Borsod 

BOPPE Kft., Hódmezővásárhely 
Csongrád 

Ujfalusi Mihály Bio-kecsketej 
üzem, Csongràd 

Győzelem Mgsz. Sajtüzem, 
Lajoskomárom, Fejér 

Tejmix Kft., Kápolnásnyék-
Pettend, Fejér 

Egertej kft., Eger, Heves 

Naszálytej Rt., Vác, Pest 

Dabastej kft., Dabas, Pest 

Csipkó Istvánné tejüzeme, Pest 

Drávatej kft., Barcs, Somogy 

Tiszatej Kft., Rakamaz, 
Szabolcs 

Farmtej Kft., Kemecse, Szabolcs 

Jásztej Rt., Jászapáti, Jász 

Kuntej Rt., Tiszafüred, Jász 

Dámtej Kft., Tamási, Tolna 

Tejfeldolgozó és Kereskedelmi 
Kft., Körmend, Vas 

20.   

18520 

Gici sajt kft., Gic, Veszprém 

21.   

20521 

Soma’s Trade Kft., Budapest 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

Date of 
compliance 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005 

30.04.2005