CELEX: 32004D0440
Language: en
Date: 2004-04-29 00:00:00
Title: Decision 2004/440/EC of 29 April 2004 adopting a transitional measure in favour of certain establishments in the milk sector in Slovakia

30.4.2004            EN                    Official Journal of the European Union     L 154/97
                                      COMMISSION DECISION
                                              of 29 April 2004
 adopting a transitional measure in favour of certain establishments in the milk sector in
                                                   Slovakia
                         (notified under document number C(2004) 1716)
                                       (Text with EEA relevance)
                                               (2004/440/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 Slovakia one high capacity milk processing establishment has difficulties in
        complying on 1 May 2004 with the relevant structural requirements laid down in
        Annex B to Directive 92/46/EEC of 16 June 1992 laying down the health rules for the
        production and placing on the market of raw milk, heat-treated milk and milk-based
        products3.
(2)     Accordingly this establishment needs time to finalize its upgrading process in order to
        be in full compliance with the relevant structural requirements laid down in Directive
        92/46/EEC.
(3)     This establishment which is currently in an advanced state of upgrading, has given
        reliable guarantees that it has the necessary funds to correct their remaining
        shortcomings within a reasonable time and has received a favourable opinion from the
        Slovak Food and Veterinary Service, as regards the finalisation of its upgrading
        process.
(4)     For Slovakia, the detailed information regarding the shortcomings for each
        establishment is available.
1
        OJ L 236, 23.9.2003, p. 17
2
        OJ L 236, 23.9.2003, p. 33
3
        OJ L 268, 14.9.1992, p. 1. Directive as amended by Regulation (EC) No 807/2003
 ---pagebreak--- (5)    In order to facilitate the transition from the existing regime in Slovakia to that resulting
       from the application of the Community veterinary legislation, it is justified therefore at
       the request of Slovakia, to grant a transitional period for this establishment as an
       exceptional measure.
(6)    Due to the exceptional nature of this transitional derogation which was not foreseen
       during the enlargement negotiations, no further requests by Slovakia for transitional
       measures concerning structural requirements of establishments producing milk and
       milk 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 a maximum period of
       12 months 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 Annex B to Directive 92/46/EEC shall not
         apply to the establishments in Slovakia listed in the Annex to this Decision, subject
         to the conditions laid down in paragraph 2, until the date indicated for this
         establishment.
2.       The following rules shall apply to products originating in the establishment referred
         to in paragraph 1:
         –      as long as the establishment listed in the Annex to this Decision benefits from
                the provisions of paragraph 1, products originating from this establishment
                shall only be placed on the domestic market or used for further processing in
                the same establishment, irrespective of the date of marketing,
         –      they shall bear the special health mark.
                                               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.
 ---pagebreak--- Done at Brussels, 29 April 2004.
                                 For the Commission
                                 David BYRNE
                                 Member of the Commission
 ---pagebreak---                                           ANNEX
 Milk establishment in transition
     Veterinary                                        Sector: Milk
                      Name and address of                                        Date of
No   approval                                 Activity of the establishments
                         establishment                                        compliance
     number                                   Milk and milk based products
1.   DT 4-6-21  KOLIBA a.s Krivec
                                                             x               31.10.2004
                962 05 Hrinová