Corrigendum to Commission Decision 2004/415/EC of 29 April 2004 amending Commission Decision 2000/609/EC as regards the animal health conditions and veterinary certification for farmed ratite meat transiting or being temporarily stored in the Community (OJ L 151, 30.4.2004)
Date: 2004-06-10
Institutions: European Commission
Subjects: EU Member State, Russia, Union transit, health certificate, import, originating product, poultrymeat, 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 2004/415/EC of 29 April 2004 amending Commission Decision
2000/609/EC as regards the animal health conditions and veterinary certification for farmed ratite meat tran-
siting or being temporarily stored in the Community

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

Decision 2004/415/EC should read as follows:

COMMISSION DECISION

of 29 April 2004

amending Commission Decision 2000/609/EC as regards the animal health conditions and veter-
inary certification for farmed ratite meat transiting or being temporarily stored in the Community

(notified under document number C(2004) 1580)

(Text with EEA relevance)

(2004/415/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:

Council Directive 92/118/EEC (2)
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(1) to Directive
89/662/EEC and, as regards pathogens,
to Directive
90/425/EEC.

(4)

(5)

(6)

Council Directive 97/78/EC (5) 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 ratite 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 (6) 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 transit conditions and a dero-
gation for transit between Russia with a reference to the
specific border inspection posts designated for this latter
purpose.

Council Directive 91/494/EEC (3)
lays down animal
health conditions governing intra-Community trade in
and imports from third countries of fresh poultrymeat.

(7)

Commission Decision 2000/609/EC (4) lays down animal
health conditions and veterinary certificates
the
importation of farmed ratite meat from third countries.

for

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

(1) OJ L 18, 23.1.2003, p. 11.
(2) 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).
(3) 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).

(4) OJ L 258, 12.10.2000, p. 49; Decision as last amended by Decision

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

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

sion Decision 2004/372/EC (OJ L 118, 23.4.2004, p. 45).

(5) OJ L 24, 30.1.1998, p. 9; Directive as last amended by the 2003

Act of Accession (OJ L 236, 23.9.2003, p. 381).

(1)

(2)

(3)

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(8)

(9)

(10)

(11)

(12)

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
2000/609/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 (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 2000/609/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:

Article 1

Commission Decision 2000/609/EC is amended as follows:

1. The following Article 1a is inserted:

áArticle1a

Member States shall ensure that consignments of farmed
ratite meat for human consumption introduced into the
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 conditions for
the species concerned set out in the animal health attes-
tation part in the model certificate, part 2 model A or B
of health attestation drawn up under Annex II.

in Annex III, signed by an official veterinarian of the
the third country
competent veterinary services of
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:

áArticle1b

By way of derogation from Article 1a, 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 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 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;

(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.

unloading or storage, as defined in Article12(4) or
2.
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.’

3. A new Annex III is added in accordance with the Annex to

this Decision.

Article 2

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

This Decision shall apply from 1 May 2004.

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

2004/273/EC (OJ L 86, 23.4.2004, p. 21).

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

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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

áANNEXIII

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