Decision 2004/440/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the milk sector in Slovakia
Date: 2004-04-29
Institutions: European Commission
Subjects: Slovakia, dairy industry, health legislation, transitional period (EU)

30.4.2004 

EN 

Official Journal of the European Union 

L 154/97 

COMMISSION DECISION 

of 29 April 2004 

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

(notified under document number C(2004) 1716) 
(Text with EEA relevance) 
(2004/440/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  Slovakia  one  high  capacity  milk  processing  establishment  has  difficulties  in 
complying  on  1  May  2004  with  the  relevant  structural  requirements  laid  down  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 
products3. 

Accordingly this establishment needs time to finalize its upgrading process in order to 
be in full compliance with the relevant structural requirements laid down in Directive 
92/46/EEC. 

This  establishment  which  is  currently  in  an  advanced  state  of  upgrading,  has  given 
reliable  guarantees  that  it  has  the  necessary  funds  to  correct  their  remaining 
shortcomings within a reasonable time and has received a favourable opinion from the 
Slovak  Food  and  Veterinary  Service,  as  regards  the  finalisation  of  its  upgrading 
process. 

(4) 

For  Slovakia,  the  detailed 
establishment is available. 

information  regarding 

the  shortcomings  for  each 

1 
2 
3 

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 

                                                 
(5) 

(6) 

(7) 

(8) 

In order to facilitate the transition from the existing regime in Slovakia to that resulting 
from the application of the Community veterinary legislation, it is justified therefore at 
the  request  of  Slovakia,  to  grant  a  transitional  period  for  this  establishment  as  an 
exceptional measure. 

Due  to  the  exceptional  nature  of  this  transitional  derogation  which  was  not  foreseen 
during  the  enlargement  negotiations,  no  further  requests  by  Slovakia  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 Slovakia listed in the Annex to this Decision, subject 
to  the  conditions  laid  down  in  paragraph  2,  until  the  date  indicated  for  this 
establishment. 

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

– 

as long as the establishment listed in the Annex to this Decision benefits from 
the  provisions  of  paragraph  1,  products  originating  from  this  establishment 
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 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission 

 
 
 
ANNEX  

Milk establishment in transition 

Veterinary 
approval 
number 
DT 4-6-21  KOLIBA a.s Krivec 

Name and address of 
establishment 

No 

1. 

962 05 Hrinová 

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

x 

Date of 
compliance 

31.10.2004