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 Slovakia, 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 Slovakia, and in particular Annex VIII, Chapter 4, Section B, Subsection I, point 2, paragraph (d) thereto,
Whereas:
(1)
Annex VIII, Chapter 4, Section B, Subsection I, point 2, paragraph (a) to the 2003 Act of Accession provides that the structural requirements laid down in relation to Annex V, Chapter I and Annex VII, Chapter I to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption are not to apply to establishments in Latvia listed in Appendix B to Annex VIII to the Act of Accession until 31 December 2004, subject to certain conditions.
(2)
The establishments referred to above may handle, process, and store only category 3 material as defined in article 6 of Regulation (EC) No 1774/2002.
(3)
Regulation (EC) No 1774/2002 lays down health rules concerning animal by-products not intended for human consumption. It provides for structural requirements to be applied in establishments treating Category 3 material.
(4)
In Latvia, six more animal by-products establishments have difficulties in complying with the structural requirements laid down in Annex V, Chapter I and Annex VII, Chapter I to Regulation (EC) No 1774/2002, by 1 May 2004.
(5)
Accordingly those six establishments need time to finalize their upgrading process in order to be in full compliance with the relevant structural requirements laid down in Regulation (EC) No 1774/2002.
(6)
The six 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 short time and have received a favourable opinion from the Latvian Food and Veterinary Service, as regards the finalisation of their upgrading process.
(7)
For Latvia, the detailed information regarding the shortcomings for each establishment is available.
(8)
In order to facilitate the transition from the existing regime in Latvia to that resulting from the application of the Community veterinary legislation, it is justified therefore upon the request of Latvia, to grant the six establishments a transitional period.
(9)
Due to the advanced stage of upgrading of the six establishments, the transitional period should be limited to 31 December 2004.
(10)
The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,
HAS ADOPTED THIS DECISION: