Corrigendum to Commission Decision 2004/436/EC of 29 April 2004 amending Decision 94/984/EC as regards the animal health conditions and veterinary certification for fresh poultrymeat transiting or being temporarily stored in the Community (OJ L 154, 30.4.2004)
Date: 2004-05-27
Institutions: European Commission
Subjects: Union transit, customs inspection, health certificate, health legislation, import, originating product, poultrymeat

27.5.2004

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Official Journal of the European Union

L 189/47

Corrigendum to Commission Decision 2004/436/EC of 29 April 2004 amending Decision 94/984/EC as regards
the animal health conditions and veterinary certification for fresh poultrymeat transiting or being temporarily
stored in the Community

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

Decision 2004/436/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

amending Commission Decision 94/984/EC as regards the animal health conditions and veterinary
certification for fresh poultrymeat transiting or being temporarily stored in the Community

(notified under document number C(2004) 1650)

(Text with EEA relevance)

(2004/436/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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:

However, it is necessary in order to safeguard the disease
situation in the Community to further ensure that
consignments of fresh poultrymeat transiting through
the Community, comply with the animal health import
conditions applicable for authorised countries in regard
to the relevant species concerned.

(1)

(2)

(3)

Council Directive 91/494/EEC of 26 June 1991 on
animal health conditions governing intra-Community
trade in and imports from third countries of fresh poul-
trymeat (2) lays down the general animal health condi-
tions for imports into the Community from third coun-
tries.

Commission Decision 94/984/EC (3) lays down animal
health conditions and veterinary certificates
the
importation of
from certain third
countries.

fresh poultrymeat

for

Council Directive 97/78/EC (4) lays down the principles
governing the organisation of veterinary checks on
products entering the Community from third coun-
tries (5) 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 docu-
ment.

(1) OJ L 18, 23.1.2002, p. 11.
(2) OJ L 268, 24.9.1991, p. 35. Directive as last amended by Directive

1999/89/EC (OJ L 300, 23.11.1999, p. 17).

(3) OJ L 378, 31.12.1994, p. 11. Decision as last amended by Decision

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

(4) 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) 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).

(5)

(6)

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 (6), has

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.

(6) OJ L 326, 11.12.2001, p. 44. Decision as last amended by Commis-

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

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(7)

(8)

(9)

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 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
94/984/EC.

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.

Commission Decision 2001/881/EC 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.

(10) Decision 94/984/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,

(c) they shall be accompanied by an animal health certifi-
cate established in accordance with the model C laid
down in Annex II part 2, signed by an official veteri-
narian 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 Docu-
ment by the Official Veterinarian of the Border Inspec-
tion Post of introduction.’

2. The following Article 1b is inserted:

‘Article 1b

1.
By way of derogation from Article 1a 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 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

shall be

consignment

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

sealed with a

HAS ADOPTED THIS DECISION:

Article 1

Commission Decision 94/984/EC is amended as follows:

1. the following Article 1a is inserted:

‘Article 1a

Member States shall ensure that consignments of poultry
meat for human consumption, introduced onto the territory
the Community and which are destined for a third
of
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) they shall come from the territory of a third country or
a part thereof listed in Annex I of this Decision for the
import of fresh poultry meat.

(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;

(c) the procedural requirements provided for in Article 11

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

(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 EC territory matches
the number and quantities entering.’

(b) they shall meet the specific animal health conditions set
out in the animal health attestation part of the model
certificate, part A or B, drawn up under Annex II part 2.

3. The Annexes are amended in accordance with the Annex to

this Decision.

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This Decision shall apply from 1 May 2004.

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

Article 2

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 II part 2 to Decision 94/984/EC is amended as follows:

The following Model C certificate is added:

ANNEX

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