23.4.2004 Official Journal of the European Union L 11845 (Acts whose publication is not obligatory) COMMISSION 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 (*), 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 (3, in par- ticular 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 (%). (2)  Council Directive 97/78/EC lays down the principles governing the organisation of veterinary checks on products entering the Community from third coun- tries () 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 docu- ment. () OJ L 302, 31.12.1972 p. 28. Directive as last amended by Regu- lation (EC) No 807/2003 (O J L 122, 16.5.2003, p. 36). () OJL 18, 23.1.2002, p. 11. () OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commis- sion Decision 2004/212/EC (O] L 73, 11.3.2004, p. 11). (*) OJ L 24, 30.1.1998, p. 9. Directive as last amended by the Act concerning the conditions of Accession (O] L 236, 23.9.2003, p. 381). 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 Com- munity comply with the animal health conditions applic- able for authorised countries in regard to the relevant species concerned. In the light of experience, it appears that the presenta- tion to the border inspection post, pursuant to Article 7 of Directive 97/78EC, of the original veterinary docu- ments established in the exporting third country to fulfil the regulatory requirement of the third country of desti- nation, 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. 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. However, specific conditions for transits via the Com- munity 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.