2004/372/EC: Commission Decision of 13 April 2004 amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community (Text with EEA relevance) (notified under document number C(2004) 1308)

Commission Decision
of 13 April 2004
amending Council Decision 79/542/EEC as regards the animal health conditions and veterinary certification for certain products transiting or being temporarily stored in the Community
(notified under document number C(2004) 1308)
(Text with EEA relevance)
(2004/372/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(1), and in particular Article 3(1), Articles 14 and 15 and Article 22(2) thereof,
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 consumption(2), in particular Article 8(5), third indent, and Article 9(2)(b) and (4)(c),
Whereas:
(1) Council Decision 79/542/EEC lays down the Community health conditions on imports of animals and fresh meat including minced meat from third countries(3).
(2) Council Directive 97/78/EC lays down the principles governing the organisation of veterinary checks on products entering the Community from third countries(4) 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.
(3) However, it is necessary in order to safeguard the disease situation in the Community to further ensure that consignments of fresh meat transiting through the Community comply with the animal health conditions applicable for authorised countries in regard to the relevant species concerned.
(4) 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.
(5) 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 79/542/EEC.
(6) 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.
(7) Commission Decision 2001/881/EC draws up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission(5) and it is appropriate to specify the border inspection posts designated for the control of such transits taking into account this Decision.
(8) Council Decision 79/542/EEC should be amended accordingly.
(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,