CELEX: 32004D0415
Language: en
Date: 2004-04-29 00:00:00
Title: 2004/415/EC:Commission Decision of 29 April 2004 amending Commission Decision 2000/609/EC as regards the animal health conditions and veterinary certification for farmed ratite meat transiting or being temporarily stored in the Community

L 151/70                    EN                  Official Journal of the European Union                30.4.2004
                                         COMMISSION DECISION
                                               of 29 April 2004
 amending Commission Decision 2000/609/EC as regards the animal health conditions and
  veterinary certification for farmed ratite meat transiting or being temporarily stored in
                                               the Community
                               (notified under document number C(2004) 1580)
                                         (Text with EEA relevance)
                                                (2004/415/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
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 production, processing, distribution and introduction of products of
animal origin for human consumption1, in particular Article 8 (5), third indent, and Article 9 (2)
(b) and (4) (c),
Whereas:
(1)     Council Directive 92/118/EEC lays down animal health and public health requirements
        governing trade in and imports into the Community of products not subject to the said
        requirements laid down in specific Community rules referred to in Annex A (1) to
        Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC2.
(2)     Council Directive 91/494/EEC lays down animal health conditions governing intra-
        Community trade in and imports from third countries of fresh poultry meat3.
(3)     Commission Decision 2000/609/EC lays down animal health conditions and veterinary
        certificates for the importation of farmed ratite meat from third countries4.
1
         OJ L 18, 23.1.2002, p. 11.
2
         OJ L 62, 15.3.1993, p. 49. Directive as last amended by Decision 2003/721/EC (OJ L 260, 11.10.2003,
         p. 21.).
3
         OJ L 268, 24.9.1991, p. 35. Directive as last amended by Directive 1999/89/EC (OJ L 300, 23.11.1999, p.
         17.).
4
         OJ L 258, 12.10.2000, p. 9. Decision as last amended by Commission Decision 2004/118/EC (OJ L 36,
         7.2.2004, p. 34.).
 ---pagebreak--- 30.4.2004                 EN                  Official Journal of the European Union                      L 151/71
(4)     Council Directive 97/78/EC lays down the principles governing the organisation of
        veterinary checks on products entering the Community from third countries5 and certain
        provisions for transit are already provided for in Article 11 such as the use of ANIMO
        messages and of the common veterinary entry document.
(5)     However, it is necessary in order to safeguard the disease situation in the Community to
        further ensure that consignments of ratite meat transiting through the Community,
        comply with the animal health import conditions applicable for authorised countries in
        regard to the relevant species concerned.
(6)     Council Decision 79/542/EEC drawing 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 Community of certain live animals and their fresh
        meat6, has recently been amended to include transit conditions and a derogation for
        transit between Russia with a reference to the specific border inspection posts designated
        for this latter purpose.
(7)     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 regulatory 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 satisfied; it is therefore appropriate to establish a specific model
        of animal health certificate to be used in transit situations for the products concerned.
(8)     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 2000/609/EC.
(9)     However specific conditions for transits via the Community of consignments to and from
        Russia should be foreseen 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.
(10)    Commission Decision 2001/881/EC draws up a list of border inspection posts agreed for
        veterinary checks on animals and animal products from third countries7 and it is
        appropriate to specify the border inspection posts designated for the control of such
        transits taking into account this Decision.
(11)    Commission Decision 2000/609/EC should be amended accordingly.
5
        OJ L 24, 30.1.1998, p. 9. Directive as last amended by the Act concerning the conditions of Accession (OJ L
        236, 23.9.2003, p. 381.).
6
        OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commission Decision 2004/212/EC (OJ L 73,
        11.3.2004, p. 11.).
7
        OJ L 326, 11.12.2001, p. 44. Decision as last amended by Commission Decision 2003/831/EC (OJ L 313,
        28.11.2003, p. 61.).
 ---pagebreak--- L 151/72                 EN                Official Journal of the European Union           30.4.2004
(12)    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
Commission Decision 2000/609/EC is amended as follows:
1.       The following Article 1a is inserted:
                                               “Article 1a
         Member States shall ensure that consignments of farmed ratite meat for human
         consumption introduced into the territory of the Community and which are destined for
         a third 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 to this Decision for the import of fresh meat of that species.
         (b)    they shall meet the specific animal health conditions for the species concerned set
                out in the animal health attestation part in the model certificate, part 2 model A or
                B of health attestation drawn up under Annex II.
         (c)    they shall be accompanied by an animal health certificate established in
                accordance with the model laid down in Annex III, signed by an official
                veterinarian 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 Document by the Official Veterinarian of the Border
                Inspection Post of introduction.”
2.       The following Article 1b is inserted:
                                               “Article 1b
         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
                inspection posts listed in Annex to Decision 2001/881/EC, of consignments
                coming from and destined to Russia directly or via another third country provided
                that the following conditions 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;
 ---pagebreak--- 30.4.2004               EN               Official Journal of the European Union            L 151/73
                (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 competent
                      authority responsible for the BIP;
                (c)   the procedural requirements provided for in Article 11 of Directive
                      97/78/EC shall be complied with;
                (d)   the consignment is certified as acceptable for transit on the Common
                      Veterinary Entry Document by the Official Veterinarian of the Border
                      Inspection Post of introduction.
          2.    unloading or storage, as defined in Article12 (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 authority to ensure that the number
                of consignments and the quantities of products leaving the EC territory matches
                the number and quantities entering.”
3.        A new Annex III is added in accordance with the Annex to this Decision.
                                                 Article 2
This Decision shall apply from 1 May 2004.
Article 1 point 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
                                            ___________
 ---pagebreak--- L 151/74                        EN                       Official Journal of the European Union                          30.4.2004
                                                               ANNEX
                                                                   “ANNEX III
                                                        (Transit and/or storage)
Model TRANSIT/STORAGE
1.   Consignor (name and address in full)                                                VETERINARY CERTIFICATE
                                                                                                      (1)                    (2) (7)
     …….…………………………………………………….                                                  for fresh ratite meat , for [transit][storage]        in the
     …….…………………………………………………….                                                                   European Community
     …….…………………………………………………….                                                 No(3)                                        ORIGINAL
                                                                                                  (4)
     …….…………………………………………………….                                          3.     Origin of the meat
2.   Consignee (name and address in full)                              3.1 ISO code and name of Country:………………………
     …….…………………………………………………….                                          3.2 Territory(10): ………………………………………
     …….…………………………………………………….                                          4.     Competent Authority
     …….…………………………………………………….                                          4.1 Ministry:…………………………………………………
     …….…………………………………………………….                                          4.2 Service:…………………………………………………..
5.   Intended [transit]/[storage](7) destination of the meat                  …….…………………………………………………….
5.1  Storage in EU Member                                              4.3 Local/Regional level:……………………………………
     State:……………………………………….                                                   …….…………………………………………………….
     Name and address of the establishment(5) (10)
     :………………………………………                                                         …….…………………………………………………….
     …….…………………………………………………….                                          6.     Place of loading for exportation
5.2 Final third country destination after [transit]/[storage] (10):           …….…………………………………………………….
     ….…………………………………………………….
     Exit Community BIP name and address(10):                                 …….…………………………………………………….
     …….…………………………………………………….
                                                                (6)                                             (8)
7.   Means of transport and consignment identification                 7.3 Consignment identification details :
                                              (7)
7.1   [Lorry]/[Rail-wagon]/[Ship]/[Aircraft]                                  …….…………………………………………………….
7.2  Registration number(s), ship name or flight number :…..                  …….…………………………………………………….
     …….…………………………………………………….                                                 …….…………………………………………………….
     …….…………………………………………………….                                                 …….…………………………………………………….
8.   Identification of the meat
8.1  Meat from: ……..……………………………………………………………………….…………………. (animal species).
8.2  Individual identification of the meat included in this consignment :
                Nature                    Number of the establishment(s)                                  Number of             Net
             of cuts(8)          | Slaughterhouse | Cutting/Manufacturing | Cold store | packages/pieces | weight(kg) .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                               |                 |                   |             |                |         .
                                                                          Total |                   |         .
 ---pagebreak--- 30.4.2004                         EN                 Official Journal of the European Union                                              L 151/75
9.   Animal Health attestation
     I, the undersigned official veterinarian, hereby certify, that the fresh ratite meat described above :
9.1  comes from a country or region authorized for imports into the EC as laid down in Annex I to 2000/609/EC at the time of
     slaughter and
9.2  complies with the relevant animal health conditions as laid down in the animal health attestation in the model certificate part [A]
     (7)
         or [B] (7) in Annex II part 2 to 2000/609/EC and
9.3  is derived from animals which were slaughtered and processed on or between ……. (9).
         Official stamp and signature
         Done at ……………………………………………….. on .................................................................................................................
                                                                              (signature of official veterinarian) (11)
         (stamp) (11)
                                                                     (name in capital letters, qualifications and title)
Notes
(1)  Meat means any parts of ratites which are fit for human consumption and which have not undergone any treatment other than
     cold treatment to ensure its preservation: vacuum-wrapped meat or meat wrapped in a controlled atmosphere must also be
     accompanied by a certificate according to this model.
(2) In accordance with Article 12 (4) or Article 13 of Council Directive 97/78/EC.
(3) Issued by the competent authority.
(4) Country and description of territory as appearing the Annex I to Commission Decision 2000/609/EC (as last amended).
(5) Address (and approval number if known) of the warehouse in a free zone, free warehouse, customs warehouse or ship chandler
     shall be included.
(6) The registration number(s) of rail-wagon or lorry and the name of the ship should be given as appropriate. If known, the flight
     number of the aircraft.
     In case of transport in containers or boxes, the total number, their registration and seal numbers, if present, should be indicated
     under point 7.3.
(7) Keep as appropriate.
(8) Complete if appropriate.
(9) Date or dates of slaughter. Imports of this meat shall not be allowed when obtained from ratites slaughtered either prior to the
     date of authorisation for exportation to the European Community of the territory mentioned under (4), or during a period where
     restrictive measures have been adopted by the European Community against imports of this meat from this territory.
(10) Complete as appropriate.
(11) The colour of the signature shall be different to that of the printing. The same rule applies to stamps other than those embossed
     or watermark.
                                                                                                                                                        “