Corrigendum to Commission Decision 2004/439/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the meat sector in Malta (OJ L 154, 30.4.2004)
Date: 2004-05-27
Institutions: European Commission
Subjects: Malta, health legislation, meat processing industry, transitional period (EU)

L 189/76

EN

Official Journal of the European Union

27.5.2004

Corrigendum to Commission Decision 2004/439/EC of 29 April 2004 adopting a transitional measure in favour
of certain establishments in the meat sector in Malta

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

Decision 2004/439/EC should read as follows:

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 Com-
munity,

the Czech
Having regard to the Treaty of Accession of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, 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 Slovakia, and in particular Article 42 thereof,

Whereas:

(1)

In Malta seven high capacity meat establishments have
difficulties in complying on 1 May 2004 with the rele-
vant 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 (1), 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 (2) 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 (3).

(2)

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.

(3)

These seven establishments, which are currently in an
advanced state of upgrading, have given reliable guaran-

(1) OJ L 121, 29.7.1964, p. 2012/64; Directive as last amended by the
Act concerning the conditions of Accession (OJ L 236, 23.9.2004,
p. 381).

(2) OJ L 26, 31.1.1977, p. 85 ; Directive as last amended by the Act
concerning the conditions of Accession (OJ L 236, 23.9.2004, p.
381).

(3) OJ L 368, 31.12.1994, p. 10; Directive as amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 2).

tees that they have the necessary funds to correct their
remaining shortcomings within a reasonable time and
have received a favourable 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 short-
comings 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 there-
fore at
to grant a transitional
period for those seven establishments as an exceptional
transitional measure.

the request of Malta,

Due to the exceptional nature of this transitional deroga-
tion which was not foreseen during the enlargement
negotiations, no further requests by Malta for transi-
tional 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 transi-
tion 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.

(4)

(5)

(6)

(7)

(8)

27.5.2004

EN

Official Journal of the European Union

L 189/77

(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,

originating from integrated meat establishments where a
part of the establishment is subject to the provisions of
paragraph 1,

HAS ADOPTED THIS DECISION:

Article 1

The structural requirements laid down in Annex I to
1.
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

2.
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
irrespective of the
processing in the same establishment,
date of marketing. This rule shall also applies to products

— 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 Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

the Treaty of Accession of

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

L 189/78

EN

Official Journal of the European Union

27.5.2004

ANNEX

Meat establishments in transition

No

Veterinary approval
number

Name and address of
establishment

Sector: meat

Activity of the establishments

Date of compliance

Fresh meat, slaughter,
cutting

Meat products

Minced meat, meat
preparation

1.

2.

3.

4.

5.

6.

7.

MP003

MP004

MP005

MP006

MP007

MP008

MP010

Chef Choice, Triq il-
Latmija, Zabbar

Prime Ltd, Mgieret
Road, Marsa

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

Ltd,

Jolly
Industrial
Marsa

A52,
Estate,

& M Meats
Road,

E
Cospicua
Zejtun

Mosta Bacon, 115,
Hope Street, Mosta

Tenderfresh, A25A,
G. Garibaldi Street,
Marsa

x

x

x

x

x

x

x

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