2005/92/EC: Commission Decision of 2 February 2005 as regards animal health conditions, certification and transitional provisions concerning the introduction and storage period for consignments of certain products of animal origin in free zones, free warehouses and premises of operators supplying cross border means of sea transport in the Community (notified under document number C(2005) 191) (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 31/62

EN

Official Journal of the European Union

4.2.2005

COMMISSION DECISION

of 2 February 2005

as regards animal health conditions, certification and transitional provisions concerning the
introduction and storage period for consignments of certain products of animal origin in free
zones, free warehouses and premises of operators supplying cross border means of sea transport
in the Community

(notified under document number C(2005) 191)

(Text with EEA relevance)

(2005/92/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular Articles 12(12) and 13(6)
thereof,

Whereas:

(1)

(2)

(3)

down

requirements

97/78/EC lays

Directive
for
veterinary checks on consignments of certain products
of animal origin coming from a third country and
inter alia, for the storage in free zones, free
provides,
warehouses or premises of operators supplying cross-
border means of sea transport for the products which
do not comply with Community animal health import
conditions.

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 (2),
provides that Member States are to take measures to
ensure that from 1 January 2005 products of animal
origin intended for human consumption are introduced
from third countries only if they comply with the rules
laid down in that Directive.

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
rules
consignments of meat,
for
including game and poultry, and meat products, meat
preparations and milk and milk products for human

certificates

and

(1) 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).

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

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
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).

from 1 January 2005, consignments of
Accordingly,
products of animal origin falling within the scope of
the relevant Community acts, are to comply with the
rules and are to be accompanied by the appropriate
animal health certificate laid down in the relevant
Community acts, when presented for introduction into
free zones,
free warehouses or premises of operators
supplying cross border means of sea transport, thereby
ensuring that animal health requirements are met.

those

consignments

Therefore,
introduced into the
Community for storage in free zones, free warehouses
or premises of operators supplying cross-border means
of sea transport 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 product 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 free zones, free warehouses or
premises of operators supplying cross-border means of
sea transport before 1 January 2005.

(4)

(5)

(6)

(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 31/63

(7)

(8)

(9)

It is appropriate to ensure that from 1 January 2006 any
such products still stored in free zones, free warehouses
or premises of operators supplying cross border means
of sea transport in the Community territory that do not
comply with the relevant Community acts should be
destroyed under 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

Article 2

Until 31 December 2005, consignments of products referred to
in Article 1 which were introduced into free zones, free ware-
houses or premises of operators supplying cross-border means
of sea transport before 1 January 2005, shall be allowed to
leave those zones, warehouses or premises where they are
stored, to be delivered either in whole or in part to their desti-
nations, as provided for in Article 12(8) or Article 13(2)(a) of
Directive 97/78/EC, without being accompanied by the appro-
priate animal health certificate as provided for in the relevant
Community acts.

Article 3

From 1 January 2006, any consignments of products referred to
in Article 2 remaining in storage shall be destroyed under the
control of the competent authority.

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

HAS ADOPTED THIS DECISION:

Article 4

Article 1

From 1 January 2005, consignments of products falling within
the scope of Decisions 79/542/EEC, 94/984/EC, 97/221/EC,
2000/572/EC, 2000/585/EC, 2000/609/EC, 2003/779/EC and
2004/438/EC shall be accompanied by the appropriate animal
health certificate laid down in those acts, when presented for
introduction into free zones, free warehouses or premises of
operators
sea transport,
approved in accordance with Article 12(4)(b) and Article
13(1) of Directive 97/78/EC,
the
Community animal health requirements are met.

supplying cross-border means of

thereby ensuring that

This Decision shall apply from the date of notification.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 2 February 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission