Decision 2004/439/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the meat sector in Malta
Date: 2004-04-29
Institutions: European Commission
Subjects: Malta, health legislation, meat processing industry, transitional period (EU)

30.4.2004 

EN 

Official Journal of the European Union 

L 154/93 

COMMISSION DECISION 

of 29 April 2004 

adopting a transitional measure in favour of certain establishments in the meat sector in 
Malta 

(notified under document number C(2004) 1707) 

(Text with EEA relevance) 

(2004/439/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) 

(2) 

(3) 

In Malta seven high capacity meat establishments 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 meat , in Annexes A and B to Council 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  origin  and  in  Annex  I  to  Council 
Directive  94/65/EC  of  14  December  1994  laying  down  the  requirements  for  the 
production and placing on the market of minced meat and meat preparations. 

Accordingly those seven 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 94/65/EC. 

These  seven  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 

1 
2 

OJ L 236, 23.9.2003, p. 17 
OJ L 236, 23.9.2003, p. 33 

 
 
 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

opinion from the Maltese Food and Veterinary Regulation Division of the Ministry for 
Rural  Affairs  and  the  Environment,  as  regards  the  finalisation  of  their  upgrading 
process. 

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

In order to facilitate the transition from the existing regime in Malta to that resulting 
from the application of the Community veterinary legislation, it is justified therefore at 
the request of Malta, to grant a transitional period for those seven 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  Malta  for  transitional 
measures  concerning  structural  requirements  of  establishments  producing  animal 
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 I to Directive 94/65/EC shall 
not apply to the establishments in Malta 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.  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. 

This Decision is addressed to the Member States. 

Article 3 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission 

 
 
 
 
ANNEX  

Meat establishments in transition 

Veterinary 
approval 
number 

Name and address of 
establishment 

1. 

MP003 

2. 

3. 

MP004 

MP005 

4. 

MP006 

5. 

MP007 

6. 

MP008 

7. 

MP010 

Chef Choice, Triq il-Latmija, 
Zabbar 

Prime Ltd, Mgieret Road, Marsa 

Dewfresh Products, Pastoral 
House, Prince Albert Street, 
Albertown, Marsa 

Jolly Ltd, A52, Industrial Estate, 
Marsa 

E & M Meats 
Cospicua Road, Zejtun 

Mosta Bacon, 115, Hope Street, 
Mosta 

Tenderfresh, A25A, G. Garibaldi 
Street, Marsa 

Sector: Meat 
Activity of the establishments 

Fresh 
meat, 
Slaughter, 
Cutting 
x 

x 

x 

x 

x 

x 

x 

Meat 
products 

Minced 
meat, Meat 
preparation 

Date of 
compliance 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

31.12.2004 

31.12.2004 

31.12.2004 

31.12.2004 

31.12.2004 

31.12.2004 

31.12.2004