Corrigendum to Commission Decision 2004/440/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the milk sector in Slovakia (OJ L 154, 30.4.2004)
Date: 2004-05-27
Institutions: European Commission
Subjects: Slovakia, dairy industry, health legislation, transitional period (EU)

27.5.2004

EN

Official Journal of the European Union

L 189/79

Corrigendum to Commission Decision 2004/440/EC of 29 April 2004 adopting a transitional measure in favour
of certain establishments in the milk sector in Slovakia

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

Decision 2004/440/EC should read as follows:

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,

(4)

For Slovakia,
shortcomings for each establishment is available.

the detailed information regarding the

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

Having regard to the Treaty of Accession of
the Czech
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)

(2)

(3)

In Slovakia one high capacity milk processing establish-
ment 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
products (1).

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 Direc-
tive 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 short-
comings 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.

(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 transi-
tional period for this establishment as an exceptional
measure.

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

(1) OJ L 268, 14.9.1992, p. 1. Directive as amended by Regulation

(EC) No 807/2003

(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,

L 189/80

EN

Official Journal of the European Union

27.5.2004

HAS ADOPTED THIS DECISION:

Article 2

Article 1

The structural requirements laid down Annex B to Direc-
1.
tive 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

2.
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 proces-
sing in the same establishment, irrespective of the date of
marketing,

— they shall bear the special health mark.

This Decision shall apply subject to and as from the date of the
the Czech
entry into force of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

the Treaty of Accession of

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2004.

For the Commission

David BYRNE

Member of the Commission

27.5.2004

EN

Official Journal of the European Union

L 189/81

ANNEX

Milk establishment in transition

Veterinary approval
number

Name and address of estab-
lishment

Sector: milk

Activity of the establish-
ments

Milk and milk based
products

Date of compliance

DT 4-6-21

KOLIBA a.s Krivec 962
05 Hrinová

x

31.10.2004

No

1.