Decision of 29 April 2004 amending Commission Decision 97/221/EC as regards the animal health conditions and veterinary certification for meat products transiting or being temporarily stored in the Community
Date: 2004-04-29
Institutions: European Commission
Subjects: Union transit, export, health certificate, health legislation, image, meat product, temporary admission, third country, veterinary inspection

L 154/8 

EN 

Official Journal of the European Union 

30.4.2004 

COMMISSION DECISION 

of 29 April 2004 

amending Commission Decision 97/221/EC as regards the animal health conditions and 
veterinary certification for meat products transiting or being temporarily stored in the 
Community 

(notified under document number C(2004) 1589) 

(Text with EEA relevance) 
(2004/427/CE) 

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 

Commission  Decision  97/221/EC  lays  down  animal  health  conditions  and  model 
veterinary certificates in respect of imports of meat products from third countries2. 

Commission Decision 97/222/EC lays down the list of third countries from which the 
Member States authorise the importation of meat products3 

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  meat  products  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  89,4.4.1997.  p.  26.  Decision  as  last  amended  by  Decision2004/212/EC  (OJ  L  73.  11.3.2004, 
p. 11). 
OJ  L  98,  4.4.1997,  p.  39.  Decision  as  last  amended  by  Decision  2004/245/EC  (OJ  L  77,  13.3.2004, 
p. 62). 
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 97/222/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 2000/584/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 Decision 2004/212/EC (OJ L 73, 11.3.2004, 
p. 11). 
OJ L 326, 11.12.2001, p. 44. Decision last amended by Decision 2003/831/EC (OJ L 313, 28.11.2003, 
p. 61.). 

2 

 
  
 
                                                 
Article1 

Commission Decision 97/221/EC is amended as follows: 

1. 

The following Article 3a  is inserted: 

“Article 3a 

Member  States  shall  ensure  that  consignments  of  meat  products  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 
the Annex to Decision 97/222/EC and have undergone the minimum treatment 
for the import of meat products of the species concerned foreseen therein. 

they shall meet the specific animal health conditions for the species concerned 
set  out  in  the  model  animal  health  certificate  drawn  up  under  the  Annex  I  to 
Decision 97/221/EC. 

they  shall  be  accompanied  by  an  animal  health  certificate  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.” 

2. 

The following Article 3b is inserted: 

“Article 3b 

1. 

By way of derogation from Article 3a Member States shall authorise the transit 
by  road  or  by    rail  through  the  Community,  between  designated  Community 
border  inspection  posts  listed  in  Annex  IV  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) 

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; 

3 

 
  
 
(b) 

(c) 

(d) 

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; 

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. 

2. 

3. 

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.” 

3. 

The Annex is 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 

The Annex to Decision 97/221/EEC is amended as follow: 

1. 

2. 

The Annex is renumbered to Annex I 

The following Annex II is added: 

“ANNEX II 
(Transit and/or storage) 

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

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

2.  Consignee (name and address in full) 

…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 
…….……………………………………………………. 
Intended [transit] / [storage](8) destination of the meat 
product 

5. 

5.1  Storage in:  

EU Member State:……………………………………... 
Name and address of the establishment(6) (11) : 
…….……………………………………………………. 
…….……………………………………………………. 

5.2  Transit final third country destination(11): 

…….……………………………………………………. 
Exit Community BIP name and address(11): 
…….……………………………………………………. 
7.  Means of transport and consignment identification(7) 
7.1 
7.2  Registration number(s), ship name or flight number :….. 
…….……………………………………………………. 
…….……………………………………………………. 
Identification of the meat product 

[Lorry]/ [Rail-wagon]/[Ship]/[Aircraft](8) 

VETERINARY CERTIFICATE 

for meat product(1), for [transit] / [storage](2) (8)   in the 
European Community 

No(3)  

ORIGINAL 

3.  Origin of the meat product(4)  
3.1  Country :………………………………………………… 
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(9): 

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

8. 
8.1  Meat from: ……..……………………………………………………………………….…………………. (animal species). 
8.2  Temperature or other treatment applied to the meat product:………………. ………………………………………..(5)  
8.3 

Individual identification of the meat product included in this consignment : 

Nature(9)- 

                Name and address  of the establishment(s)              

Number of 

Net 

                                                                                                                                                |    packages/pieces  | weight(kg). 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                   |                             |                                       |                       |                               |                   . 
                                                                                                                                   Total     |                               |                   . 

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9.  Animal Health attestation 

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

9.1  comes from a country or region authorized for imports into  the EC as laid down in Annex I to 97/222/EC at the time of 

slaughter of the animals from which the meat in the meat product is derived and 

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

Annex I to 97/221/EC and 
is derived from animals which were slaughtered and processed on or between  ……. (10). 

9.3 

Official stamp and signature 

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

(stamp) (12) 

(signature of official veterinarian) (12) 

(name in capital letters, qualifications and title) 

In accordance with Article 12 (4) or Article 13 of Council Directive 97/78/EC. 
Issued by the competent authority. 

Notes 
(1)  Meat products as laid down in Article 2 (a) of Directive 77/99/EEC. 
(2) 
(3) 
(4)  Country and description of territory as appearing in the Annex to Commission Decision  97/222/EC (as last amended). 
(5)  Description of the treatment applied as laid down in the Annex to Commission Decision  97/222/EC (as last amended). 
(6)  Address  (and  approval  number  if  known)  of  the  warehouse  in  a  free  zone,  free  warehouse,  customs  warehouse  or  ship 

chandler shall be included. 

(7)  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. 

(8)  Keep as appropriate. 
(9)  Complete if appropriate. 
(10)  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. 

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

embossed or watermarked. 

 “ 

6