2005/93/EC: Commission Decision of 2 February 2005 as regards transitional provisions concerning the introduction and the storage period for consignments of certain products of animal origin in customs warehouses in the Community (notified under document number C(2005) 192) (Text with EEA relevance)
Date: 2005-02-02
Institutions: European Commission
Subjects: animal product, customs warehouse, health certificate, import (EU), third country, veterinary inspection

L 31/64

EN

Official Journal of the European Union

4.2.2005

COMMISSION DECISION

of 2 February 2005

as regards transitional provisions concerning the introduction and the storage period for
consignments of certain products of animal origin in customs warehouses in the Community

(notified under document number C(2005) 192)

(Text with EEA relevance)

(2005/93/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2002/99/EC of 16
December 2002 laying down the
animal health rules
governing the production, processing, distribution and intro-
duction
human
of
consumption (1), and in particular Article 13(3) thereof,

products

animal

origin

for

of

Whereas:

(1)

(2)

(3)

Directive 2002/99/EC provides that Member States are to
take measures to ensure that as from 1 January 2005,
products
human
origin
consumption, are introduced from third countries only
if they comply with the rules laid down in that Directive.

intended

animal

for

of

Council Directive 97/78/EC of 18 December 1997 laying
down the principles governing the organisation of
veterinary checks on products entering the Community
from third countries (2),
for
veterinary checks on consignments of certain products
of animal origin coming from a third country and
provides, inter alia, for the storage in customs warehouses
of products which do not comply with Community
animal health import conditions.

lays down requirements

and

certificates

Directive 2002/99/EC also provides for the establishment
of animal health rules and certificates for products in
transit immediately or after storage. Accordingly, such
consignments of meat,
for
rules
including game and poultry, and meat products, meat
preparations and milk and milk products for human
consumption either destined for a third country or to
supply cross border means of sea transport whether by
transit immediately or after storage are laid down in

(1) OJ L 18, 23.1.2003, p. 11.
(2) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1).

Council Decision 79/542/EEC (3)
and Commission
Decisions 94/984/EC (4), 97/221/EC (5), 2000/572/EC (6),
2000/585/EC (7), 2000/609/EC (8), 2003/779/EC (9), and
2004/438/EC (10) (the relevant Community acts).

Therefore, consignments of products of animal origin
introduced into the Community for storage in customs
warehouses before 1 January 2005 and which do not
comply with the relevant Community acts should be
dealt with in a harmonised and transparent way in
order to avoid unnecessary problems for the businesses
involved whilst ensuring that there is a final fixed end
date for such products to be retained in the Community.

For that reason, a transitional period of 12 months
should be laid down for businesses to dispose of those
products introduced into customs warehouses before 1
January 2005.

It is appropriate to ensure that from 1 January 2006, any
such products still stored in customs warehouses in the
Community that do not comply with the relevant
Community acts should be destroyed under the control
of the competent authority. All costs of such procedure
should be chargeable to the owner of the consignment.

For animal health reasons,
Decision to apply from 1 January 2005.

it

is necessary for

this

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(4)

(5)

(6)

(7)

(8)

(3) OJ L 146, 14.6.1979, p. 15. Decision as

last amended by
Commission Decision 2004/882/EC (OJ L 373, 21.12.2004, p. 52).
(4) OJ L 378, 31.12.1994, p. 11. Decision as last amended by

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

(5) OJ L 89, 4.4.1997, p. 32. Decision as last amended by Decision

2004/427/EC (OJ L 154, 30.4.2004, p. 8).

(6) OJ L 240, 23.9.2000, p. 19. Decision as last amended by Decision

2004/437/EC (OJ L 154, 30.4.2004, p. 66).

(7) OJ L 251, 6.10.2000, p. 1. Decision as last amended by Decision

2004/413/EC (OJ L 151, 30.4.2004, p. 57).

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

Decision 2004/415/EC (OJ L 151, 30.4.2004, p. 73).

(9) OJ L 285, 1.11.2003, p. 38. Decision as last amended by Decision

2004/414/EC (OJ L 151, 30.4.2004, p. 65).

(10) OJ L 154, 30.4.2004, p. 73.

4.2.2005

EN

Official Journal of the European Union

L 31/65

HAS ADOPTED THIS DECISION:

Article 1

All costs of such destruction shall be chargeable to the owner of
the consignment.

Until 31 December 2005, consignments of products falling
scope of Decisions 79/542/EEC, 94/984/EC,
within the
97/221/EC,
2000/609/EC,
2000/585/EC,
2000/572/EC,
2003/779/EC and 2004/438/EC and which were introduced
before 1 January 2005 into customs warehouses, approved in
accordance with Article 12(4)(b) of Directive 97/78/EC, shall be
allowed to leave the warehouses where they are stored to be
delivered either in whole or in part
to their destination as
provided for in Article 12(8) or Article 13(2)(a) of Directive
97/78/EC, without being accompanied by the appropriate
in the relevant
animal health certificate as provided for
Community acts.

Article 2

From 1 January 2006, any such consignments, as referred to in
Article 1, remaining in storage shall be destroyed under the
control of the competent authority.

Article 3

This Decision shall apply from the date of notification.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 2 February 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission