Commission Decision of 22 December 2006 adopting certain transitional measures concerning deliveries of raw milk to processing establishments and the processing of this raw milk in Romania with regard to the requirements of Regulation (EC) Nos 852/2004 and 853/2004 of the European Parliament and of Council (notified under document number C(2006) 6963) (Text with EEA relevance) (2007/27/EC)

Article 1 U.K. Lists of compliant establishments

Chapters I and II of the Annex to this Decision set out lists of milk processing establishments in Romania that comply with the structural requirements of Regulation (EC) No 852/2004, Annex II, Chapter II (‘compliant establishments’) and are authorized to receive and process raw milk which is not in compliance with Chapter I Part III, 3 and Chapter II Part III of Section IX of Annex III to Regulation (EC) No 853/2004 (non-compliant milk).

Article 2 U.K. Deliveries of non-compliant milk and processing in compliant establishments listed in Chapter I of the Annex

1. The compliant establishments listed in Chapter I of the Annex to this Decision may receive and process non-compliant raw milk.

2. As long as the establishments referred to in paragraph (1) benefit from the provisions of that paragraph products originating from compliant establishments listed in Chapter I of the Annex shall:

(a) only be placed on the domestic market or used for further processing in other compliant establishments listed in Chapter I of the Annex, irrespective of the date of marketing;

(b) bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.

Article 3 U.K. Deliveries of compliant and non-compliant milk and processing in compliant establishments listed in Chapter II of the Annex

The compliant establishments listed in Chapter II of the Annex to this Decision may receive and process raw milk which complies with the requirements set out in Chapter I, Part III, 3 and Chapter II, Part III of Section IX of Annex III to Regulation (EC) No 853/2004 (‘compliant milk’) and non-compliant milk on separate production lines provided that the food business operators of such establishments:

(a)

comply with Article 5 of Regulation (EC) No 852/2004;

(b)

demonstrate their capacity to comply with the following conditions, including designating the separate production lines:

(i)

to take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk from collection up to the final production stage, including routes of milk collection, separate storage and treatment of both compliant and non-compliant milk and specific packaging and labelling of dairy products whether or not they are derived from compliant or non-compliant milk, as well as separate storage of such milk;

(ii)

to establish a procedure ensuring raw milk traceability, including the necessary documentary evidence of product movements and the accountancy for dairy products and the reconciliation of compliant and non-compliant milk with the categories of dairy products produced;

(iii)

to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;

(iv)

to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.

Article 4 U.K. Duties of competent authorities in Romania concerning compliant establishments listed in Chapter II of the Annex

1. The competent authorities in Romania shall:

(a) ensure that food business operators of compliant establishments listed in Chapter II of the Annex take all necessary measures to allow for the proper observance of in-house procedures for the separation of raw milk and dairy products;

(b) conduct tests and unannounced controls in compliant establishments listed in Chapter II of the Annex relating to their observance of raw milk and dairy products separation;

(c) conduct tests in approved laboratories on all raw milk and finished products from compliant establishments listed in Chapter II of the Annex to this Decision to verify their compliance with the requirements of Chapter II of Section IX of Annex III to Regulation (EC) No 853/2004, including the microbiological criteria for dairy products.

2. The milk and dairy products originating in the compliant establishments listed in Chapter II of the Annex processed from non-compliant raw milk may only be placed on the domestic market or used for further processing in other such establishments or establishments listed in Chapter I and bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.

3. Only dairy products, produced in compliant milk establishments listed in Chapter II of the Annex to this Decision and complying with paragraphs 1 of this Article and the requirements of Annex III, Section IX of Regulation (EC) No 853/2004, may be marketed as compliant products complying with the provisions of that Regulation.

Article 5 U.K. Compliance and reports

1. Romania shall ensure the gradual compliance by the milk production holdings, referred to in Article 2(1) of this Decision, with the requirements Annex III, Section IX, Chapter I, parts II and III of Regulation (EC) No 853/2004.

2. Romania shall submit annual reports to the Commission on progress made in upgrading milk production holdings and the milk collection system.

Article 6 U.K.

Milk and milk products produced under the provisions referred to in Articles 3 and 4 of the present Decision shall only be granted support under Title I, Chapters II and III, except Article 11 thereof, and Title II of Council Regulation (EC) No 1255/1999(1) if they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004.

Article 7 U.K. Applicability

This Decision shall apply subject to and as from the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.

It shall apply until [F1 31 December 2009].

Textual Amendments

F1 Substituted by Commission Decision of 1 August 2008 amending Decision 2007/27/EC as regards the extension of its period of application (notified under document number C(2008) 3995) (Text with EEA relevance) (2008/662/EC).

Article 8 U.K. Addressees

This Decision is addressed to the Member States.