2005/123/EC: Commission Decision of 9 February 2005 amending Decision 2004/292/EC on the introduction of the TRACES system and amending Decision 92/486/EEC (notified under document number C(2005) 279) (Text with EEA relevance)
Date: 2005-02-09
Institutions: European Commission
Subjects: disclosure of information, exchange of information, intra-EU trade, traceability, veterinary inspection

11.2.2005

EN

Official Journal of the European Union

L 39/53

COMMISSION DECISION

of 9 February 2005

amending Decision 2004/292/EC on the introduction of the TRACES system and amending
Decision 92/486/EEC

(notified under document number C(2005) 279)

(Text with EEA relevance)

(2005/123/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (1), and in
particular Article 20(3) thereof,

Having regard to Council Decision 92/438/EEC of 13 July 1992
on computerisation of veterinary import procedures
(Shift
91/496/EEC,
project),
91/628/EEC and Decision 90/424/EEC, and repealing Decision
88/192/EEC (2), and in particular Article 12 thereof,

amending Directives

90/675/EEC,

Whereas:

Commission Decision 2003/24/EC of 30 December
2003 concerning the development of an integrated
computerised veterinary system (3) provides for the devel-
opment of the TRACES computer system.

(1)

(2)

Imports into the Community of products of animal
origin subject to the specific procedures provided for in
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 (5) must, however, be transmitted via
the TRACES system.

Under Commission Decision 2004/292/EC of 30 March
2004 on the introduction of the TRACES system and
amending Decision 92/486/EEC (6), the TRACES system
is to be used by the Member States from 1 April 2004.

The Member States need time to raise the awareness of
freight forwarders and to train them in order to ensure
that they play an active part in entering data into the
TRACES system.

Connections between the TRACES system and existing
in some
computerised health declaration systems
Member States require an extensive test phase.

Decision 2004/292/EC should therefore be amended
accordingly.

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)

Entering into the TRACES system all the information
contained in the common veterinary entry documents
for products, provided for in Commission Regulation
(EC) No 136/2004 of 22 January 2004 laying down
procedures for veterinary checks at Community border
imported from third
inspection posts on products
countries (4),
the
constitutes
workload of the border inspection posts.

increase

huge

in

a

HAS ADOPTED THIS DECISION:

Article 1

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council
(OJ
L 315, 19.11.2002, p. 14).

(2) OJ L 243, 25.8.1992, p. 27. Decision as last amended by Regulation

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

(3) OJ L 8, 14.1.2003, p. 44.
(4) OJ L 21, 28.1.2004, p. 11.

Article 3(2) of Decision 2004/292/EC is hereby replaced by the
following:

(5) 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. Corrected in OJ L 191, 28.5.2004, p. 1).

(6) OJ L 94, 31.3.2004, p. 63.

L 39/54

EN

Official Journal of the European Union

11.2.2005

‘2. Member States shall ensure that the following data are
entered in TRACES from 31 December 2004:

(iv) the procedure for supplying sea transport in Article

13(1); and

(a) Parts I and II of health certificates relating to trade and

Part III where a check is undertaken;

(v) the procedure to authorise the re-importation of
products of Community origin in Article 15(1).

(b) common veterinary entry documents for all animals

entering the Community; and

(c) common veterinary entry documents for all
subject

rejected
consignments
to the
following specific procedures under Directive 97/78/EC:

all products

and for

3. Without prejudice to paragraph 2(c), the Member States
shall ensure that all common veterinary entry documents for
all products entering the Community whatever the customs
to which they are subject are entered in
arrangements
TRACES from 30 June 2005.’

Article 2

(i) the specific monitoring procedure in Article 8(4),

This Decision is addressed to the Member States.

(ii) the procedure for the transit of consignments from
one third country to another third country in Article
11(1);

(iii) the procedure for transferring consignments to a free
zone, a free warehouse or a customs warehouse in
Article 12(1);

Done at Brussels, 9 February 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission