Corrigendum to Commission Decision 2004/437/EC of 29 April 2004 amending Decision 2000/572/EC as regards the animal health conditions and veterinary certification for meat preparations transiting or being temporarily stored in the Community (OJ L 154, 30.4.2004)
Date: 2004-05-27
Institutions: European Commission
Subjects: health certificate, health control, health legislation, human nutrition, import, meat product, veterinary legislation

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Corrigendum to Commission Decision 2004/437/EC of 29 April 2004 amending Decision 2000/572/EC as
regards the animal health conditions and veterinary certification for meat preparations transiting or being
temporarily stored in the Community

(Official Journal of the European Union L 154 of 30 April 2004)

Decision 2004/437/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

amending Decision 2000/572/EC as regards the animal health conditions and veterinary certifica-
tion for meat preparations transiting or being temporarily stored in the Community

(notified under document number C(2004) 1672)

(Text with EEA relevance)

(2004/437/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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 consumption (1), in par-
ticular Article 8(5), third indent, and Article 9(2)(b) and (4)(c),

Whereas:

(1)

(2)

(3)

Council Directive 94/65/EC (2) lays down the the require-
ments for the production and placing on the market of
minced meat and meat preparations including conditions
for imports into the Community.

Commission Decision 2000/572/EC (3) lays down animal
and public health conditions and veterinary certification
for imports of meat preparations from third countries.

Commission Decision 94/984/EC (4) lays down animal
health conditions and veterinary certificates
the
importation of fresh poultry meat from certain third
countries.

for

(4)

(5)

(6)

(7)

Commission Decision 2000/585/EC (5) lays down animal
and public health conditions and veterinary certifications
for import of wild and farmed game meat and rabbit
meat from third countries.

Council Directive 97/78/EC (6) lays down the principles
governing the organisation of veterinary checks on
products entering the Community from third countries
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 preparations transiting through
the Community, comply with the animal health import
conditions applicable for authorised countries in regard
to the relevant species concerned.

Council Decision 79/542/EEC of 21 December 1979
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 importa-
tion into the Community of certain live animals and
their
recently been amended to
include transit conditions and a derogation for transit
between Russia with a reference to the specific border
inspection posts designated for this latter purpose.

fresh meat (7), has

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 368 , 31.12.1994 p. 10; Directive as amended by Regulation

(EC) No 806/2003 (OJ L 122. 16.5.2003, p. 1.).

(3) OJ L 240, 23.9.2000, p. 19; Decision as amended by Decision

2004/212/EC (OJ L 73, 11.3.2004, p. 11.).

(4) OJ L 378, 31.12.1994, p. 11; Decision as amended by Decision

2004/118/EC (OJ L 36, 7.2.2004, p. 34.).

(5) OJ L 251, 6.10.2000, p. 1; Decision as last amended by Decision

2004/245/EC (OJ L 77, 13.3.2004, p. 62.).

(6) OJ L 24, 30.1.1998, p. 9; Directive as amended by the Act
concerning the conditions of Accession (OJ L 236, 23.9.2003, p.
381.).

(7) OJ L 146, 14.6.1979, p. 15; Decision as last amended by Decision

2004/372/EC (OJ L 118, 23.4.2004, p. 45).

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(8)

(9)

In the light of experience, it appears that the presenta-
tion to the border inspection post, pursuant to Article 7
of Directive 97/78/EC, of the original veterinary docu-
ments established in the exporting third country to fulfil
the regulatory requirement of the third country of desti-
nation, 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 coun-
tries which products are not prohibited for introduction
in the territory of the Community, by making reference
to the list of
third countries annexed to Decisions
79/542/EEC, 94/984/EC and 2000/585/EC respectively.

(10) However specific conditions for transits via the Com-
munity 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.

(11)

Commission Decision 2001/881/EC (1) draws up a list of
border inspection posts agreed for veterinary checks on
animals and animal products from third countries and it
is appropriate to specify the border inspection posts
designated for the control of such transits taking into
account this Decision.

(12) Decision 2000/572/EC should be amended accordingly.

pean Community shall comply with the following require-
ments:

(a) they shall come from the territory of a third country or
a part thereof listed in Annex II part 1 of Decision
79/542/EEC for the import of
those
species or listed in Annex I to Decision 94/984/EC for
the import of fresh poultry meat or listed in Annex I to
Decision 2000/585/EC for the import of rabbit and
game meat;

fresh meat of

in one of

(b) they shall meet the specific animal health conditions for
the species concerned set out
the corre-
sponding model animal health certificate drawn up in
Annex II part 2 of Decision 79/542/EEC for the import
of fresh meat of that species in Annex I part 1 to Deci-
sion 94/984/EC for the import of poultry meat, or in
Annex III to Decision 2000/585/EC for the import of
rabbit and game meat;

(c) they shall be accompanied by an animal health certifi-
cate established in accordance with the model laid down
in Annex III, signed by an official veterinarian of the
the third country
competent veterinary services of
concerned;

(d) they are certified as acceptable for transit or storage (as
appropriate) on the Common Veterinary Entry Docu-
ment by the Official Veterinarian of the Border Inspec-
tion Post of introduction.’

(13)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

‘Article 4b

2. The following Article 4b is inserted:

HAS ADOPTED THIS DECISION:

Article 1

Commission Decision 2000/572/EC is amended as follows:

1. The following Article 4a is inserted:

‘Article 4a

Member States shall ensure that consignments of meat
preparations 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 Euro-

1.
By way of derogation from Article 4a Member States
shall authorise the transit by road or by rail through the
Community, between designated Community border inspec-
tion posts listed in the Annex of 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

shall be

consignment

serially
numbered seal at the border inspection post of entry to
the European Community by the veterinary services of
the competent authority;

sealed with a

(b) 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;

(1) OJ L 326, 11.12.2001, p. 44; Decision as last amended by Decision

2004/273/EC (OJ L 86, 24.3.2004, p. 21.).

(c) the procedural requirements provided for in Article 11

of Directive 97/78/EC shall be complied with;

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(d) the consignment is certified as acceptable for transit on
the Common Veterinary Entry Document by the Official
Veterinarian of the Border Inspection Post of introduc-
tion.

2.
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

3.
shall be made by the competent
authority to ensure that the number of consignments and
the quantities of products leaving the European Community
territory matches the number and quantities entering.’

3. A new Annex III is added in accordance with the Annex to

this Decision.

Article 2

This Decision shall apply from 1 May 2004.

Article 1(1) and the Annex shall only apply from 1 January
2005.

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

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ANNEX

‘ANNEX III

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