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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)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Whereas:

(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(1) lays down general rules for food business operators on the hygiene of foodstuffs, based on hazard analysis and critical control points principles. It provides that food business operators are to comply with the structural requirements based on those principles. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(2) supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulation (EC) No 853/2004 include specific requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products.

(2) Romania is due to accede to the Community on 1 January 2007. In preparation for that accession, milk processing establishments are undergoing the necessary structural improvements in order to comply with the structural requirements laid down in Regulation (EC) No 852/2004. Since 2004 the number of establishments in compliance with Community structural requirements has increased from 12 to 123.

(3) However, the proportion of raw milk that complies with the hygiene requirements, laid down in Regulation (EC) No 853/2004, delivered to milk processing establishments that comply with the structural requirements of Regulation (EC) No 852/2004 has only increased slightly. In 2005 out of the total production of 5,6 Mio t raw cow milk per year, 0,38 Mio t compliant raw milk was delivered to milk processing establishments.

(4) Taking into account the current situation, it is appropriate to provide for transitional measures as regards the organisation of the milk sector in Romania.

(5) In this respect, Annex VII, Chapter 5, Subsection I, point (c) of the Act of Accession of Bulgaria and Romania, authorises temporarily certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 to receive deliveries of raw milk that does not comply with the relevant hygiene requirements laid down in Regulation (EC) No 853/2004 (‘non-compliant milk’).

(6) Milk production holdings that do not comply with the hygiene requirements set out in Regulation (EC) No 853/2004 and milk processing establishments that do comply with the structural requirements set out in Regulation (EC) No 852/2004 are spread over the whole territory of Romania. Accordingly, certain of the compliant establishments receive raw milk that complies with the relevant hygiene requirements set out in Regulation (EC) No 853/2004 (‘compliant milk’) as well as non-compliant milk. Therefore, the marketing of final products from the compliant establishments should be restricted to Romania. In addition, a list of those compliant establishments should be set out in this Decision.

(7) Furthermore, certain compliant establishments intend to process separately compliant and non-compliant milk. It is therefore necessary to establish the conditions as regards the collection and treatment of such milk and the marketing of the final products thereof. A list of those compliant establishments processing those two types of milk should also be set out in this Decision.

(8) The transitional period granted should be limited to 18 months. The situation of the milk sector in Romania is to be reviewed before the end of that period. Accordingly, it is appropriate that Romania submit annual reports to the Commission regarding progress in the upgrading of milk production holdings supplying raw milk to compliant establishments.

(9) The measures provided for in this Decision are in accordance with the opinion with the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1Lists 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 2Deliveries 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 3Deliveries 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 4Duties 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 5Compliance 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

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(3) if they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004.

Article7Applicability

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 30 June 2008.

Article 8Addressees

This Decision is addressed to the Member States.

Done at Brussels, 22 December 2006.

For the Commission

Markos Kyprianou

Member of the Commission

ANNEX

CHAPTER I

List of milk processing establishments in compliance with Community structural requirements authorised to receive and process without separation compliant and non-compliant milk

1AR 473SC Octavian Impex SRLDezna, County of Arad, 317110
2BT 17SC Spicul 2 SRLDorohoi, County of Botosani, 715200
3BT 176SC Lacto Solomonescu SRLMiron Costin, County of Botosani, 717466
4BR 24S.C. Lacta Prod SRLBraila, County of Braila, 810224
5CJ 7879SC Comlact SRLCorusu, County of Cluj, 407056
6DB 59SC Industrializarea Laptelui SATargoviste, County of Dambovita, 130062
7NT 241SC Pro Com Pascal SRLPastraveni, County of Neamt, 617300
8NT 556SC Stefanos SRLTrifesti, County of Neamt, 617475
9SB 237SC Carpalat SRLMandra, County of Sibiu, 557124
10SB 298SC Gefa Impex SRLTalmaciu, County of Sibiu, 555700
11L 56SC Camy Lact SRLPanaci-Vatra Dornei, County of Suceava, 727405
12VN 25SC Vitaprod SRLDumitresti, County of Vrancea, 727110
13BC 4826S.C. Marlact SRLBuhoci, County of Bacau, 607085
14BH 4646SC Abacus Trade SRLToboliu, County of Bihor, 417273
15BH 2980SC Cîmpaneii Prest SRLMierlău, County of Bihor, 417277
16BT 342SC Indagrovet SRLCoțușca, County of Botosani, 717090
17BT 240SC Geny Com SRLVf. Câmpului, County of Botosani, 717450
18BT 205SC Cicos SRLGeorge Enescu, County of Botosani, 717170
19BR 215S.C. Android Trading SRLMaxineni, County of Braila, 817090
20BZ 0627SC Ianis Cos Lact SRLC.A. Rosetti, County of Buzau, 127120
21BZ 0298SC Camen Tas SRLSmeeni, County of Buzau, 127595
22CJ 4185SC Bonas Import Export SRLDezmir, County of Cluj, 407039
23CV 56SC Milk COM SRLSaramas, County of Covasna, 527012
24CV 690SC Mark SRLBrates, County of Covasna, 527050
25CV 234SC Zugo SRLBelin, County of Covasna, 527030
26HR 383S.C. Lactate Harghita SACristuru Secuiesc, County of Harghita, 535400
27HR 70S.C. Primulact SRLMiercurea Ciuc, County of Harghita, 530242
28NT 607S.C. D. A SecuieniSecuieni, County of Neamt, 617405
29OT 2836SC Bourella Maris SRLBabiciu, County of Olt, 237015
30PH 6448SC Rusara Prodcom SRLValea Calugareasca, County of Prahova, 107620
31PH 212S.C. Vitoro SRLPloiesti, County of Prahova, 100537
32PH 6067S.C. Zoe Gab SRLFulga, County of Prahova, 107260
33SJ 52SC SanolactMaeriste, County of Salaj, 457235
34SV 4162SC Malinul SRLMalini, County of Suceava, 727350
35SV 5355SC Lacto ZahariaFrumosu, County of Suceava, 727260
36SV 6394SC Martin's European Food Products Comimpex SRLBosanci, County of Suceava, 727045
37TL 1328SC Izacos Lact SRLTopolog, County of Tulcea, 827220
38VN 35SC Monaco SRLVrâncioaia, County of Vrancea, 627445
39AG 6SC Bradet SRLBradulet, County of Arges, 117145
40L 57SC Hochland Romania SRLSovata, County of Mures, 545500
41AG 4S.C. Dincudana SRLBradu, County of Arges, 117148
42BH 1705SC Dorlact SRLBeznea, County of Bihor, 417081
43CS 116SC Fabrica de Produse LactateOravita, County of Caras Severin, 325600
44NT 900S.C. Complex Agroalimentar SRLBicaz, County of Neamt, 615100
45TL 965SC Mineri SRLMineri, County of Tulcea, 827211
46CJ 41SC Kazal SRLDej, County of Cluj, 405200
47L 40SC Napolact SAHuedin, County of Cluj, 405400
48SM 3876S.C. Schwaben MolkereiCarei, County of Satu Mare, 445100

CHAPTER II

List of milk processing establishments in compliance with Community structural requirements authorised to receive and process separately compliant and non-compliant milk

1AB 3508SC Unichim Romania SRLUnirea, County of Alba, 517785
2L 81SC Raraul SACampulung Moldovenesc, County of Suceava, 725100
3AG 5S.C. Lactag SA Fabrica CostestiCostesti, County of Arges, 115200
4BC 6100SC Depcoinf MBD SRLTargu Trotus, County of Bacau, 607630
5BT 60SC Five Continents Group SRLRachiti, County of Botosani, 717310
6BR 65S.C. Brailact SRLBraila, County of Braila, 810224
7L 35S.C.Danone PDPA Romania SRLBucuresti, 032451
8CT 30SC Niculescu Prod SRLCumpana, County of Constanta, 907105
9CT 15SC Nic Costi Trade SRLDorobantu, County Constanta, 907211
10L 9SC Covalact SASfantu Gheorghe, County of Covasna, 520076
11L 22SC Dorna Lactate SADorna Candrenilor — Floreni, County of Suceava, 727190
12L 53S.C. Friesland România SACarei, County of Satu Mare, 445100
13TR 78SC Interagro SRLZimnicea, County of Teleorman, 145400
14VS 2196SC Ilvas SAVaslui, County of Vaslui, 730040
15SV 001SC La Dorna Agri SADorna Candreni, County of Suceava, 727190
16SV 6352SC La Dorna Chesse SADorna Arini, County of Suceava, 727200
17BH 5206SC Prolacta SRLCopacel, County of Bihor, 417205
18BZ 0098SC Meridian AgroindRamnicu Sarat, County of Buzau, 125300
19CT 299SC Nascu SRLIndepenta, County of Constanta, 907145
20CT 294SC Suflaria Import Export SRLCheia, County of Constanta, 907277
21MM 4758SC Milk-Humana SRLBaia Mare, County of Maramures, 430306
22MM 521SC Oblaza SRLBirsana, County of Maramures, 437035
23MM 725SC Avi Seb Impex SRLTirgu Lapus, County of Maramures, 435600
24TL 855SC Deltalact SATulcea, County of Tulcea, 820009
(2)

OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Commission Regulation (EC) No 1662/2006 (OJ L 320, 18.11.2006, p. 1).

(3)

OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).