2004/475/EC: COMMISSION DECISION of 29 April 2004 adopting a transitional measure in favour of certain establishments in the meat and milk sectors in Slovenia (notified under document number C(2004) 1732) (Text with EEA relevance )
Date: 2004-04-29
Institutions: European Commission
Subjects: Slovenia, dairy industry, establishment, food safety, health control, meat processing industry, raw milk

30.4.2004 

EN 

Official Journal of the European Union 

L 160/78 

___ 

COMMISSION DECISION 

of 29 April 2004 

adopting a transitional measure in favour of certain establishments in the meat and milk 
sectors in Slovenia 

(notified under document number C(2004) 1732) 

(Text with EEA relevance) 

(2004/475/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  Slovakia1,  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  Slovakia2,  and  in  particular  Article  42 
thereof, 

Whereas: 

(1) 

In  Slovenia  four  high  capacity  meat  establishments  and  one  high  capacity  milk 
processing  establishment  have  difficulties  in  complying  on  1  May  2004  with  the 
relevant  structural  requirements  laid  down  in  Annex  I  to  Council  Directive 
64/433/EEC of 26 June 1964 on health conditions for the production and marketing of 
fresh  meat3,  in  Annexes  A  and  B  to  Directive  77/99/EEC  of  21  December  1976  on 
health problems affecting the production and marketing of meat products and certain 
other products  of animal origin4 and  in Annex B  to 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 5. 

1 
2 
3 
4 
5 

OJ L 236, 23.9.2003, p. 17 
OJ L 236, 23.9.2003, p. 33 
OJ 121, 29.7.1964, p. 2012. Directive as last amended by the 2003 Act of Accession. 
OJ L 26, 31.01.1977, p. 85. Directive as amended by Regulation (EC) No 807/2003 
OJ L 268, 14.9.1992, p. 1. Directive as amended by Regulation (EC) No 807/2003 

1 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

Accordingly, those five establishments need time to finalize their upgrading process in 
order to be in full compliance with the relevant structural requirements  laid  down in 
the Directives 64/433/EEC, 77/99/EEC and 92/46/EEC. 

These  five  establishments  which  are  currently  in  an  advanced  state  of  upgrading,  or 
have made the commitment to complete new facilities, 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  Veterinary 
Administration  of  the  Republic  of  Slovenia,  as  regards  the  finalisation  of  their 
upgrading process. 

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

In  order  to  facilitate  the  transition  from  the  existing  regime  in  Slovenia  to  that 
resulting  from  the  application  of  the  Community  veterinary  legislation,  it  is  justified 
therefore  at  the  request  of  Slovenia,  to  grant  a  transitional  period  for  those  five 
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  Slovenia  for  transitional 
measures  concerning  structural  requirements  of  establishments  producing  animal 
products  or  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  31  December  2004 
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  in  Annex  I  to  Directive  64/433/EEC,  in 
Annexes A and B to Directive 77/99/EEC and in Annex B to Directive 92/46/EEC 
shall not apply to the establishments in Slovenia 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: 

2 

 
  
 
– 

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.  This  rule  shall 
also applies to products originating from integrated meat establishments where 
a part of the establishment is subject to the provisions of paragraph 1,  

– 

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. 

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 

3 

 
  
 
 
 
 
ANNEX  

Meat and milk establishments in transition 

Part 1 

No 

Veterinary 
approval 
number 

Name and address of 
establishment 

1. 
2. 
3. 
4. 

14 
25 
19 
306 

Meso Kamnik, Kamnik 
Mesarstvo Bobič, Škocjan 
Meso Kamnik, Domžale 
Arvaj Anton s.p., Kranj 

Part 2 

Sector: Meat 
Activity of the establishments 

Fresh 
meat, 
Slaughter, 
Cutting 
x 
x 
x 
x 

Meat 
products 

Cold store 

x 
x 

Date of 
compliance 

31.12.2004 
31.12.2004 
31.12.2004 
31.12.2004 

Veterinary 
approval 
number 
M-163  Mlekarna Planika, Kobarid 

Name and address of 
establishment 

No 

1. 

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

Date of 
compliance 

31.12.2004 

4