CELEX: 32004D0439
Language: en
Date: 2004-04-29 00:00:00
Title: Decision 2004/439/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the meat sector in Malta

30.4.2004            EN                Official Journal of the European Union           L 154/93
                                   COMMISSION DECISION
                                         of 29 April 2004
 adopting a transitional measure in favour of certain establishments in the meat sector in
                                                 Malta
                         (notified under document number C(2004) 1707)
                                    (Text with EEA relevance)
                                          (2004/439/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia1, and in particular Article 2(3)
thereof,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia2, and in particular Article 42
thereof,
Whereas:
(1)     In Malta seven high capacity meat establishments have difficulties in complying on 1
        May 2004 with the relevant structural requirements laid down in Annex I to Council
        Directive 64/433/EEC of 26 June 1964 on health conditions for the production and
        marketing of fresh meat , in Annexes A and B to Council Directive 77/99/EEC of 21
        December 1976 on health problems affecting the production and marketing of meat
        products and certain other products of animal origin and in Annex I to Council
        Directive 94/65/EC of 14 December 1994 laying down the requirements for the
        production and placing on the market of minced meat and meat preparations.
(2)     Accordingly those seven establishments need time to finalize their upgrading process
        in order to be in full compliance with the relevant structural requirements laid down in
        the Directives 64/433/EEC, 77/99/EEC and 94/65/EC.
(3)     These seven establishments, which are currently in an advanced state of upgrading,
        have given reliable guarantees that they have the necessary funds to correct their
        remaining shortcomings within a reasonable time and have received a favourable
1
        OJ L 236, 23.9.2003, p. 17
2
        OJ L 236, 23.9.2003, p. 33
 ---pagebreak---      opinion from the Maltese Food and Veterinary Regulation Division of the Ministry for
     Rural Affairs and the Environment, as regards the finalisation of their upgrading
     process.
(4)  For Malta, the detailed information regarding the shortcomings for each establishment
     is available.
(5)  In order to facilitate the transition from the existing regime in Malta to that resulting
     from the application of the Community veterinary legislation, it is justified therefore at
     the request of Malta, to grant a transitional period for those seven establishments as an
     exceptional transitional measure.
(6)  Due to the exceptional nature of this transitional derogation which was not foreseen
     during the enlargement negotiations, no further requests by Malta for transitional
     measures concerning structural requirements of establishments producing animal
     products should be granted after the adoption of this decision.
(7)  Taking account of the advanced stage of upgrading and the exceptional nature of the
     transitional measure, the transitional period should be limited to 31 December 2004
     and should not be prolonged after that date.
(8)  It is appropriate to subject the establishments in transition covered by this Decision to
     the same rules which are applicable as regards the products originating from the
     establishments to which a transitional period for structural requirements has been
     granted in accordance with the procedure provided for in the relevant Annexes to the
     Act of Accession.
(9)  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
1.     The structural requirements laid down in Annex I to Directive 64/433/EEC, in
       Annexes A and B to Directive 77/99/EEC and in Annex I to Directive 94/65/EC shall
       not apply to the establishments in Malta listed in the Annex to this Decision, subject
       to the conditions laid down in paragraph 2, until the date indicated for each
       establishment.
2.     The following rules shall apply to products originating in the establishments referred
       to in paragraph 1:
       –      as long as the establishments listed in the Annex to this Decision benefit from
              the provisions of paragraph 1, products originating from those establishments
              shall only be placed on the domestic market or used for further processing in
              the same establishment, irrespective of the date of marketing. This rule shall
              also applies to products originating from integrated meat establishments where
              a part of the establishment is subject to the provisions of paragraph 1,
       –      they shall bear the special health mark.
 ---pagebreak---                                            Article 2
This Decision shall apply subject to and as from the date of the entry into force of the Treaty
of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.
                                           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
 ---pagebreak---                                                   ANNEX
 Meat establishments in transition
                                                                 Sector: Meat
                                                        Activity of the establishments
     Veterinary
                      Name and address of             Fresh                                      Date of
      approval                                                                     Minced
                          establishment               meat,          Meat                     compliance
      number                                                                     meat, Meat
                                                    Slaughter,     products      preparation
                                                     Cutting
1.     MP003                                            x              x             x       31.12.2004
                Chef Choice, Triq il-Latmija,
                Zabbar
2.     MP004                                            x              x             x       31.12.2004
                Prime Ltd, Mgieret Road, Marsa
3.     MP005                                            x              x             x       31.12.2004
                Dewfresh Products, Pastoral
                House, Prince Albert Street,
                Albertown, Marsa
4.     MP006                                            x              x             x       31.12.2004
                Jolly Ltd, A52, Industrial Estate,
                Marsa
5.     MP007                                            x              x             x       31.12.2004
                E & M Meats
                Cospicua Road, Zejtun
6.     MP008                                            x              x             x       31.12.2004
                Mosta Bacon, 115, Hope Street,
                Mosta
7.     MP010                                            x              x             x       31.12.2004
                Tenderfresh, A25A, G. Garibaldi
                Street, Marsa