Corrigendum to Commission Decision 2004/413/EC of 28 April 2004 amending Decision 2000/585/EC as regards the animal health conditions and veterinary certification for rabbit meat and certain wild and farmed game meat transiting or being temporarily stored in the Community (OJ L 151, 30.4.2004)
Date: 2004-06-10
Institutions: European Commission
Subjects: game meat, health certificate, import, pigmeat, rabbit meat, third country, veterinary inspection

10.6.2004

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Official Journal of the European Union

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Corrigendum to Commission Decision 2004/413/EC of 28 April 2004 amending Decision 2000/585/EC as
regards the animal health conditions and veterinary certification for rabbit meat and certain wild and farmed
game meat transiting or being temporarily stored in the Community

(Official Journal of the European Union L 151 of 30 April 2004)

Decision 2004/413/EC should read as follows:

COMMISSION DECISION

of 28 April 2004

amending Decision 2000/585/EC as regards the animal health conditions and veterinary certifica-
tion for rabbit meat and certain wild and farmed game meat transiting or being temporarily stored
in the Community

(notified under document number C(2004) 1560)

(Text with EEA relevance)

(2004/413/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 91/494/EEC (2)
lays down animal
health conditions governing intra-Community trade in
and imports from third countries of fresh poultry meat.

Council Directive 92/45/EEC (3) lays down provisions on
public health and animal health problems relating to the
killing of wild game and the placing on the market of
wild game meat.

Council Directive 92/118/EEC (4)
lays down animal
health and public health requirements governing trade in
and imports
into the Community of products not
subject to the said requirements laid down in specific
Community rules referred to in Annex A, Chapter I, to
Directive 89/662/EEC and, as regards pathogens,
to
Directive 90/425/EEC.

(4)

(5)

(6)

(7)

Commission Decision 2000/585/EC (5) lays down a list
of third countries from which Member States authorise
imports of rabbit meat and certain wild and farmed
game meat, and provides for the animal and public
health and the veterinary certification conditions for
such imports.

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 game meat transiting through the Com-
munity, comply with the animal health import condi-
tions applicable for authorised countries in regard to the
relevant species concerned.

Council Decision 79/542/EEC (7) drawing up a list of
third countries or parts of third countries, and laying
down animal and public health, and veterinary certifica-
tion conditions for the importation into the Community
of certain live animals and their fresh meat, has recently
been amended to include general transit conditions and
a derogation for transit between Russia with a reference
to the specific border inspection posts designated for
this latter purpose.

(1) OJ L 18, 23.1.2003, 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 268, 14.9.92, p. 35. Directive as last amended by Regulation

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

(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 last amended by the 2003

Act of Accession.

(4) OJ L 62, 15.3.1993. p. 49. Directive as last amended by Commis-
sion Regulation (EC) No 445/2004 (OJ L 72, 11.3.2004, p. 60.).

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

sion 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;
is therefore appropriate to
establish a specific model of animal health certificate to
be used in transit situations for the products concerned.

it

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
2000/585/EC.

(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)

The animal health certificate Model E in Annex III to the
English version of Decision 2000/585/EC contains an
error as regards identification of meat. This error should
be corrected for reason of clarity.

(13) Decision 2000/585/EC should be amended accordingly.

(14)

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

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 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 to this Decision for the
import of fresh meat of that species.

(b) they shall meet the specific animal health guarantees
and conditions for the species concerned set out in
Annex II and in the corresponding model animal health
certificate drawn up under Annex III.

(c) they shall be accompanied by an animal health certifi-
cate established in accordance with the model K 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.’

2. The following Article 2b is inserted:

'Article 2b

1.
By way of derogation from Article 2a Member States
shall authorise the transit by road or by rail through the
Community, between designated Community border inspec-
tion posts listed in 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:

HAS ADOPTED THIS DECISION:

Article1

Decision 2000/585/EC is amended as follows:

1. The following Article 2a is inserted:

áArticle2a

(a) the

shall be

consignment

serially
numbered seal at the border inspection post of entry to
the EC 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;

Member States shall ensure that consignments of rabbit and
game meat for human consumption introduced into the

(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).

(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.

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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.'

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

This Decision is addressed to the Member States.

Article 3

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

Done at Brussels, 28 April 2004.

this Decision.

This Decision shall apply from 1 May 2004.

Article 2

For the Commission

David BYRNE

Member of the Commission

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Annex III to Decision 2000/585/EC is amended as follow:

ANNEX

1.

in Model E, section I, the word ‘zebra’ is deleted;

2.

in Model E, section IV, point 4, the word ‘zebra’ is replaced by ‘land mammals’;

3. the following model K is added:

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