Introductory text

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 ^f1 , 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 ^f2 , and in particular Article 42 thereof,

Whereas:

In Hungary, 21 milk-processing establishments have difficulties in complying on 1 May 2004 with the relevant structural requirements laid down in Annex B to Council 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 products ^f3 .

Accordingly, these 21 establishments need time to finalise their upgrading process in order to be in full compliance with the relevant structural requirements laid down in Directive 92/46/EEC.

These 21 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 opinion from the Hungarian Animal Health and Food Control Department as regards the finalisation of their upgrading process.

For Hungary, the detailed information regarding the shortcomings for each establishment is available.

In order to facilitate the transition from the existing regime in Hungary to that resulting from the application of the Community veterinary legislation, it is justified therefore at the request of Hungary, to grant a transitional period for those 21 establishments as an exceptional transitional measure.

Due to the exceptional nature of this transitional derogation which was not foreseen during the enlargement negotiations, no further requests by Hungary for transitional measures concerning structural requirements of establishments producing milk and milk products should be granted after the adoption of this Decision.

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.

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.

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: