Corrigendum to corrigendum to Commission Decision 2004/436/EC of 29 April 2004 amending Decision 94/984/EC as regards the animal health conditions and veterinary certification for fresh poultrymeat transiting or being temporarily stored in the Community (OJ L 189, 27.5.2004)
Date: 2005-04-12
Institutions: European Commission
Subjects: Union transit, customs inspection, health certificate, health legislation, import, originating product, poultrymeat

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CORRIGENDA

Corrigendum to corrigendum to Commission Decision 2004/436/EC of 29 April 2004 amending Decision
94/984/EC as regards the animal health conditions and veterinary certification for fresh poultrymeat transiting or
being temporarily stored in the Community

(Official Journal of the European Union L 189 of 27 May 2004)

Decision 2004/436/EC should read as follows:

‘COMMISSION DECISION

of 29 April 2004

amending Decision 94/984/EC as regards the animal health conditions and veterinary certification for
fresh poultrymeat transiting or being temporarily stored in the Community

(notified under document number C(2004) 1650)

(Text with EEA relevance)

(2004/436/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2002/99/EC of 16 December
2002 laying down the animal health rules governing the produc-
tion, processing, distribution and introduction of products of ani-
mal origin for human consumption (1), in particular Article 8(5),
third indent, and Article 9(2)(b) and (4)(c),

Whereas:

(1)

Council Directive 91/494/EEC of 26 June 1991 on animal
health conditions governing intra-Community trade in and
imports from third countries of fresh poultrymeat (2) lays
down the general animal health conditions for imports
into the Community from third countries.

(2)

Commission Decision 94/984/EC (3) lays down animal
health conditions and veterinary certificates for the impor-
tation of fresh poultrymeat from certain third countries.

(4)

(5)

Council Directive 97/78/EC (4) lays down the principles
governing the organisation of veterinary checks on prod-
ucts entering the Community from third countries and cer-
tain 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 consign-
ments of fresh poultrymeat transiting through the Com-
munity, comply with the animal health import conditions
applicable for authorised countries in regard to the relevant
species concerned.

Council Decision 79/542/EEC of 21 December 1979 draw-
ing up a list of third countries or parts of third countries,
and laying down animal and public health, and veterinary
certification conditions for the importation into the Com-
munity of certain live animals and their fresh meat (5), has
recently been amended to include transit conditions and a
derogation for transit through Russia with a reference to
the specific border inspection posts designated for this lat-
ter 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

(4) OJ L 24, 30.1.1998, p. 9. Directive as last amended by the Act of

1999/89/EC (OJ L 300, 23.11.1999, p. 17).

Accession of 2003.

(3) OJ L 378, 31.12.1994, p. 11. Decision as last amended by Decision

(5) OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commission

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

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

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(6)

(7)

(8)

(9)

In the light of experience, it appears that the presentation
to the border inspection post, pursuant to Article 7 of
Directive 97/78/EC, of the original veterinary documents
established in the exporting third country to fulfil the regu-
latory requirement of the third country of destination, 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 sat-
isfied; it is therefore appropriate to establish a specific
model of animal health certificate to be used in transit situ-
ations for the products concerned.

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 countries
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 94/984/EC.

However specific conditions for transits via the Commu-
nity of consignments to and from Russia should be fore-
seen 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 desig-
nated for the control of such transits taking into account
this Decision.

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 of this Decision for the
import of fresh poultrymeat;

(b)

they shall meet the specific animal health conditions set
out in the animal health attestation part of the model
certificate, part A or B, drawn up under Annex II, part 2;

(c)

they shall be accompanied by an animal health certifi-
cate established in accordance with the model C laid
down in Annex II part 2, signed by an official veterinar-
ian 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.”

(10) Decision 94/984/EC should be amended accordingly.

2.

the following Article 1b is inserted:

(11)

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on the
Food Chain and Animal Health,

“Article 1b

HAS ADOPTED THIS DECISION:

Article1

Commission Decision 94/984/EC is amended as follows:

1.

the following Article 1a is inserted:

“Article 1a

1.
By way of derogation from Article 1a Member States
shall authorise the transit by road or by rail through the
Community, between designated Community border inspec-
tion posts listed in the Annex to Decision 2001/881/EC, of
consignments coming from and destined to Russia directly or
via another third country provided that the following condi-
tions are met:

(a)

the consignment shall be sealed with a serially numbered
seal at the border inspection post of entry to the EC by
the veterinary services of the competent authority;

Member States shall ensure that consignments of poul-
trymeat for human consumption, introduced onto the terri-
tory of the Community and which are destined for a third

(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).

(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 com-
petent authority responsible for the BIP;

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(c)

(d)

the procedural requirements provided for in Article 11
of Directive 97/78/EC shall be complied with;

the consignment is certified as acceptable for transit on
the Common Veterinary Entry Document by the Offi-
the Border Inspection Post of
cial Veterinarian of
introduction.

2.
Unloading or storage, as defined in Article 12(4) or
Article 13 of Directive 97/78/EC, on EC territory of such
consignments shall not be allowed.

3.
Regular audits shall be made by the competent author-
ity to ensure that the number of consignments and the quan-
tities of products leaving the EC territory matches the num-
ber and quantities entering.”

3.

the Annexes are amended in accordance with the Annex to
this Decision.

Article 2

This Decision shall apply from 1 May 2004.

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

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2004.

For the Commission

David BYRNE

Member of the Commission

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Annex II part 2 to Decision 94/984/EC is amended as follows:

The following Model C certificate is added:

ANNEX

“

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”’