Corrigendum to Commission Decision of 29 April 2004 amending Commission Decision 97/221/EC as regards the animal health conditions and veterinary certification for meat products transiting or being temporarily stored in the Community (OJ L 154, 30.4.2004)
Date: 2004-05-27
Institutions: European Commission
Subjects: Union transit, export, health certificate, health legislation, import, meat product, temporary admission

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Corrigendum to Commission Decision of 29 April 2004 amending Commission Decision 97/221/EC as regards
the animal health conditions and veterinary certification for meat products transiting or being temporarily
stored in the Community

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

Decision 2004/427/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

amending Commission Decision 97/221/EC as regards the animal health conditions and veterinary
certification for meat products transiting or being temporarily stored in the Community

(notified under document number C(2004) 1589)

(Text with EEA relevance)

(2004/427/CE)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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)

(4)

Commission Decision 97/221/EC lays down animal
health conditions and model veterinary certificates in
respect of imports of meat products from third coun-
tries (2).

Commission Decision 97/222/EC lays down the list of
third countries from which the Member States authorise
the importation of meat products (3)

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

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

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 89, 4.4.1997. p. 32.
(3) OJ L 98, 4.4.1997, p. 39. Decision as last amended by Decision

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

(4) 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.).

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 borber
inspection posts designated for this latter purpose.

fresh meat (5), 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.

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
third countries annexed to Decision
to the list of
97/222/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.

(6)

(7)

(8)

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

2004/372/EC (OJ L 118, 11.3.2004, p. 45).

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2. The following Article 3b is inserted:

‘Article 3b

By way of derogation from Article 3a Member States
1.
shall authorise the transit by road or by rail through the
Community, between designated Community border inspec-
tion posts listed in Annex IV 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 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;

(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 European Community
territory matches the number and quantities entering.’;

3. the Annex is amended in accordance with the Annex to this

Decision.

Article 2

This Decision shall apply from 1 May 2004.

Article 1 point 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

(9)

(10)

(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.

Commission Decision 97/221/EC should be amended
accordingly.

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:

Article1

Decision 97/221/EC is amended as follows:

1. the following Article 3a is inserted:

‘Article 3a

Member States shall ensure that consignments of meat
products for human consumption, introduced onto the terri-
tory 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 EC
shall comply with the following requirements:

thereof

(a) they shall come from the territory of a third country or
listed in the Annex to Decision
a part
97/222/EC and have undergone the minimum treatment
for
species
concerned foreseen therein.

import of meat products of

the

the

(b) they shall meet the specific animal health conditions for
the species concerned set out
in the model animal
health certificate drawn up under the Annex I to Deci-
sion 97/221/EC.

(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
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.’;

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

2004/273/EC (OJ L 86, 24.3.2003, p. 21).

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ANNEX

The Annex to Decision 97/221/EEC is amended as follows:

1. The Annex is renumbered to Annex I.

2. The following Annex II is added:

‘ANNEX II

(Transit and/or storage)

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