# L_2013316EN.01005001.xml

| 27.11.2013 | EN | Official Journal of the European Union | L 316/50 |
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27.11.2013

EN

Official Journal of the European Union

L 316/50

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COMMISSION IMPLEMENTING DECISION

of 25 November 2013

amending Decision 2009/861/EC on transitional measures under Regulation (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Bulgaria

(notified under document C(2013) 8031)

(Text with EEA relevance)

(2013/686/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Those rules include hygiene requirements for raw milk and dairy products. |
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(1)

Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Those rules include hygiene requirements for raw milk and dairy products.

| (2) | Commission Decision 2009/861/EC (2) provides for certain derogations from the requirements set out in Subchapters II and III of Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004 for the milk processing establishments in Bulgaria listed in that Decision. That Decision applies until 31 December 2013. |
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(2)

Commission Decision 2009/861/EC (2) provides for certain derogations from the requirements set out in Subchapters II and III of Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004 for the milk processing establishments in Bulgaria listed in that Decision. That Decision applies until 31 December 2013.

| (3) | Accordingly, certain milk processing establishments listed in Annex I to Decision 2009/861/EC may, by way of derogation from the relevant provisions of Regulation (EC) No 853/2004, process compliant and non-compliant milk provided that the processing of compliant and non-compliant milk is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex II to that Decision may process non-compliant milk without separate production lines. |
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(3)

Accordingly, certain milk processing establishments listed in Annex I to Decision 2009/861/EC may, by way of derogation from the relevant provisions of Regulation (EC) No 853/2004, process compliant and non-compliant milk provided that the processing of compliant and non-compliant milk is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex II to that Decision may process non-compliant milk without separate production lines.

| (4) | Bulgaria sent to the Commission a revised and updated list of those milk processing establishments on 12 August 2013. |
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(4)

Bulgaria sent to the Commission a revised and updated list of those milk processing establishments on 12 August 2013.

| (5) | In that list, the establishments listed at No 1 (BG 0412010 ‘Bi Si Si Handel’ OOD), No 4 (BG 2012020 ‘Yotovi’ OOD) and No 5 (BG 2512020 ‘Mizia-Milk’ OOD) of the table set out in Annex I to Decision 2009/861/EC have been deleted, as they are now authorised to process only compliant milk to be placed on the intra-Union market. |
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(5)

In that list, the establishments listed at No 1 (BG 0412010 ‘Bi Si Si Handel’ OOD), No 4 (BG 2012020 ‘Yotovi’ OOD) and No 5 (BG 2512020 ‘Mizia-Milk’ OOD) of the table set out in Annex I to Decision 2009/861/EC have been deleted, as they are now authorised to process only compliant milk to be placed on the intra-Union market.

| (6) | In addition, four establishments currently listed in Annex II to Decision 2009/861/EC have been deleted as they are authorised to place dairy products on the intra-Union market, since they are using only compliant milk. Those establishments were listed in the table in Annex II to Decision 2009/861/EC at No 8 (1312023 ‘Inter-D’ OOD), No 71 (BG 2512001 ‘Mladost-2002’ OOD), No 91 (BG 2012019 ‘Hemus-Milk komers’ OOD) and No 95 (2712005 ‘Nadezhda’ OOD). |
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(6)

In addition, four establishments currently listed in Annex II to Decision 2009/861/EC have been deleted as they are authorised to place dairy products on the intra-Union market, since they are using only compliant milk. Those establishments were listed in the table in Annex II to Decision 2009/861/EC at No 8 (1312023 ‘Inter-D’ OOD), No 71 (BG 2512001 ‘Mladost-2002’ OOD), No 91 (BG 2012019 ‘Hemus-Milk komers’ OOD) and No 95 (2712005 ‘Nadezhda’ OOD).

| (7) | In addition, Bulgaria has informed the Commission that, since the date Decision 2009/861/EC took effect, the proportion of raw milk that complies with the requirements of Regulation (EC) No 853/2004, delivered to milk processing establishments in that Member State, has considerably increased. Bulgaria has also established an action plan aimed at covering the entire production chain of milk in that Member State ensuring compliance with Union rules. |
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(7)

In addition, Bulgaria has informed the Commission that, since the date Decision 2009/861/EC took effect, the proportion of raw milk that complies with the requirements of Regulation (EC) No 853/2004, delivered to milk processing establishments in that Member State, has considerably increased. Bulgaria has also established an action plan aimed at covering the entire production chain of milk in that Member State ensuring compliance with Union rules.

| (8) | However, according to the reports submitted by Bulgaria on the basis of Article 5 of Decision 2009/861/EC and to the information provided to the Commission by that Member State on 1 August 2013, the milk sector in Bulgaria is still not entirely in conformity with the requirements laid down in Regulation (EC) No 853/2004. |
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(8)

However, according to the reports submitted by Bulgaria on the basis of Article 5 of Decision 2009/861/EC and to the information provided to the Commission by that Member State on 1 August 2013, the milk sector in Bulgaria is still not entirely in conformity with the requirements laid down in Regulation (EC) No 853/2004.

| (9) | Considering the efforts made by Bulgaria to bring the milk sector in compliance with the Union rules, with a constant diminution of farms producing non-compliant milk since 2009, it is appropriate to extend the application of the measures provided for in Decision 2009/861/EC until 31 December 2015. |
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(9)

Considering the efforts made by Bulgaria to bring the milk sector in compliance with the Union rules, with a constant diminution of farms producing non-compliant milk since 2009, it is appropriate to extend the application of the measures provided for in Decision 2009/861/EC until 31 December 2015.

| (10) | Bulgaria should provide regular updates to the Commission on the progress made in order to demonstrate that the target of compliance with the Union criteria can be achieved before the end of the period of application of Decision 2009/861/EC, as extended by this Decision. |
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(10)

Bulgaria should provide regular updates to the Commission on the progress made in order to demonstrate that the target of compliance with the Union criteria can be achieved before the end of the period of application of Decision 2009/861/EC, as extended by this Decision.

| (11) | Decision 2009/861/EC should therefore be amended accordingly. |
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(11)

Decision 2009/861/EC should therefore be amended accordingly.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(12)

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:

Article 1

Decision 2009/861/EC is amended as follows:

| (1) | in Article 2, the date ‘31 December 2013’ is replaced by ‘31 December 2015’; |
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(1)

in Article 2, the date ‘31 December 2013’ is replaced by ‘31 December 2015’;

| (2) | in Article 3, the date ‘31 December 2013’ is replaced by ‘31 December 2015’; |
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(2)

in Article 3, the date ‘31 December 2013’ is replaced by ‘31 December 2015’;

| (3) | the following Article 4a is inserted:

  ‘Article 4a

  1.   Bulgaria shall take appropriate measures to ensure that the number of holdings producing non-compliant milk is reduced as follows:






  (a) | before 30 November 2014, by at least 30 % as compared to the number of such holdings registered on 1 September 2013; |
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(3)

the following Article 4a is inserted:

‘Article 4a

1.   Bulgaria shall take appropriate measures to ensure that the number of holdings producing non-compliant milk is reduced as follows:

(a)

before 30 November 2014, by at least 30 % as compared to the number of such holdings registered on 1 September 2013;

| (b) | before 31 May 2015, by at least 60 % as compared to the number of such holdings registered on 1 September 2013. |
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(b)

before 31 May 2015, by at least 60 % as compared to the number of such holdings registered on 1 September 2013.

2.   In case Bulgaria does not meet the targets for the reduction of the number of holdings referred to in paragraph 1, the Commission shall adopt appropriate measures.’;

| (4) | Article 5 is replaced by the following:

  ‘Article 5

  1.   Bulgaria shall submit reports to the Commission on the measures taken in accordance with Article 4a(1) and the progress made in bringing the following in compliance with Regulation (EC) No 853/2004:






  (a) | production holdings producing non-compliant milk; |
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(4)

Article 5 is replaced by the following:

‘Article 5

1.   Bulgaria shall submit reports to the Commission on the measures taken in accordance with Article 4a(1) and the progress made in bringing the following in compliance with Regulation (EC) No 853/2004:

(a)

production holdings producing non-compliant milk;

| (b) | the system for collecting and transporting non-compliant milk. |
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(b)

the system for collecting and transporting non-compliant milk.

The reports for 2014 shall be submitted to the Commission by 30 June and 31 December 2014, at the latest, and the reports for 2015 by 31 May and 31 October 2015, at the latest.

The reports shall be submitted in the form set out in Annex III.

2.   The Commission shall closely monitor the progress in bringing the raw milk processed by the establishments listed in Annexes I and II in compliance with the requirements laid down in Regulation (EC) No 853/2004.’;

| (5) | in Article 6, the date ‘31 December 2013’ is replaced by ‘31 December 2015’; |
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(5)

in Article 6, the date ‘31 December 2013’ is replaced by ‘31 December 2015’;

| (6) | Annexes I and II are replaced by the text in the Annex to this Decision. |
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(6)

Annexes I and II are replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 November 2013.

For the Commission

Tonio BORG

Member of the Commission

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(1)  
  OJ L 139, 30.4.2004, p. 55.

1

(2)  
  OJ L 314, 1.12.2009, p. 83.

2

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ANNEX

‘ANNEX I

List of milk establishments permitted to process compliant and non-compliant milk as referred to in Article 2

| No | Veterinary No | Name of establishment | Town/Street or Village/Region |
| --- | --- | --- | --- |
| 1 | BG 0612027 | “Mlechen ray-2” EOOD | gr. Vratsa
  kv. “Bistrets” |
| 2 | BG 0612043 | ET “Zorov-91 — Dimitar Zorov” | gr. Vratsa
  Mestnost “Parshevitsa” |
| 3 | BG 2112001 | “Rodopeya — Belev” EOOD | Ul. “Trakya” 20 Smolyan |
| 4 | BG 1212001 | “S i S-7” EOOD | gr. Montana |
| “Vrachansko shose” 1 |

No

Veterinary No

Name of establishment

Town/Street or Village/Region

1

BG 0612027

“Mlechen ray-2” EOOD

gr. Vratsa

kv. “Bistrets”

2

BG 0612043

ET “Zorov-91 — Dimitar Zorov”

gr. Vratsa

Mestnost “Parshevitsa”

3

BG 2112001

“Rodopeya — Belev” EOOD

Ul. “Trakya” 20 Smolyan

4

BG 1212001

“S i S-7” EOOD

gr. Montana

“Vrachansko shose” 1

5

BG 2812003

“Balgarski yogurt” OOD

s. Veselinovo,

obl. Yambolska

‘ANNEX II

List of milk processing establishments permitted to process non-compliant milk as referred to as referred to in Article 3

| No | Veterinary No | Name establishment | Town/Street or Village/Region |
| --- | --- | --- | --- |
| 1 | BG 2412037 | “Stelimeks” EOOD | s. Asen |
| 2 | 0912015 | “Anmar” OOD | s. Padina
  obsht. Ardino |
| 3 | 0912016 | OOD “Persenski” | s. Zhaltusha
  obsht. Ardino |
| 4 | 1012014 | ET “Georgi Gushterov DR” | s. Yahinovo |
| 5 | 1012018 | “Evro miyt end milk” EOOD | gr. Kocherinovo
  obsht. Kocherinovo |
| 6 | 1112017 | ET “Rima-Rumen Borisov” | s. Vrabevo |
| 7 | 1612049 | “Alpina-Milk” EOOD | s. Zhelyazno |
| 8 | 1612064 | OOD “Ikay” | s. Zhitnitsa
  obsht. Kaloyanovo |
| 9 | 2112008 | MK “Rodopa milk” | s. Smilyan
  obsht. Smolyan |
| 10 | 2412039 | “Penchev” EOOD | gr. Chirpan |
| ul. “Septemvriytsi” 58 |

No

Veterinary No

Name establishment

Town/Street or Village/Region

1

BG 2412037

“Stelimeks” EOOD

s. Asen

2

0912015

“Anmar” OOD

s. Padina

obsht. Ardino

3

0912016

OOD “Persenski”

s. Zhaltusha

obsht. Ardino

4

1012014

ET “Georgi Gushterov DR”

s. Yahinovo

5

1012018

“Evro miyt end milk” EOOD

gr. Kocherinovo

obsht. Kocherinovo

6

1112017

ET “Rima-Rumen Borisov”

s. Vrabevo

7

1612049

“Alpina-Milk” EOOD

s. Zhelyazno

8

1612064

OOD “Ikay”

s. Zhitnitsa

obsht. Kaloyanovo

9

2112008

MK “Rodopa milk”

s. Smilyan

obsht. Smolyan

10

2412039

“Penchev” EOOD

gr. Chirpan

ul. “Septemvriytsi” 58

11

2512021

“Keya-Komers-03” EOOD

s. Svetlen

12

0112014

ET “Veles-Kostadin Velev”

| gr. Razlog |
| --- |
| ul. “Golak” 14 |

gr. Razlog

ul. “Golak” 14

13

2312041

“Danim-D.Stoyanov” EOOD

gr. Elin Pelin

m-st Mansarovo

14

0712001

“Ben Invest” OOD

s. Kostenkovtsi

obsht. Gabrovo

15

1512012

ET “Ahmed Tatarla”

s. Dragash voyvoda,

obsht. Nikopol

16

2212027

“Ekobalkan” OOD

| gr. Sofia |
| --- |
| bul “Evropa” 138 |

gr. Sofia

bul “Evropa” 138

17

2312030

ET “Favorit-D.Grigorov”

s. Aldomirovtsi

18

2312031

ET “Belite kamani”

s. Dragotintsi

19

BG 1512033

ET “Voynov-Ventsislav Hristakiev”

s. Milkovitsa

obsht. Gulyantsi

20

BG 1512029

“Lavena” OOD

s. Dolni Dębnik

obl. Pleven

21

BG 1612028

ET “Slavka Todorova”

s. Trud

obsht. Maritsa

22

BG 1612051

ET “Radev-Radko Radev”

s. Kurtovo Konare

obl. Plovdiv

23

BG 1612066

“Lakti ko” OOD

s. Bogdanitza

24

BG 2112029

ET “Karamfil Kasakliev”

gr. Dospat

25

BG 0912004

“Rodopchanka” OOD

s. Byal izvor

obsht. Ardino

26

0112003

ET “Vekir”

s. Godlevo

27

0112013

ET “Ivan Kondev”

gr. Razlog

Stopanski dvor

28

0212037

“Megakomers” OOD

s. Lyulyakovo

obsht. Ruen

29

0512003

SD “LAF-Velizarov i sie”

s. Dabravka

obsht. Belogradchik

30

0612035

OOD “Nivego”

s. Chiren

31

0612041

ET “Ekoprodukt-Megiya-Bogorodka Dobrilova”

| gr. Vratsa |
| --- |
| ul. “Ilinden” 3 |

gr. Vratsa

ul. “Ilinden” 3

32

0612042

ET “Mlechen puls-95 — Tsvetelina Tomova”

gr. Krivodol

ul. “Vasil Levski”

33

1012008

“Kentavar” OOD

s. Konyavo

obsht. Kyustendil

34

1212031

“ADL” OOD

s. Vladimirovo

obsht. Boychinovtsi

35

1512006

“Mandra” OOD

s. Obnova

obsht. Levski

36

1512008

ET “Petar Tonovski-Viola”

| gr. Koynare |
| --- |
| ul. “Hr.Botev” 14 |

gr. Koynare

ul. “Hr.Botev” 14

37

1512010

ET “Militsa Lazarova-90”

| gr. Slavyanovo, |
| --- |
| ul. “Asen Zlatarev” 2 |

gr. Slavyanovo,

ul. “Asen Zlatarev” 2

38

1612024

SD “Kostovi — EMK”

| gr. Saedinenie |
| --- |
| ul. “L.Karavelov” 5 |

gr. Saedinenie

ul. “L.Karavelov” 5

39

1612043

ET “Dimitar Bikov”

s. Karnare

obsht. “Sopot”

40

1712046

ET “Stem-Tezdzhan Ali”

| gr. Razgrad |
| --- |
| ul. “Knyaz Boris” 23 |

gr. Razgrad

ul. “Knyaz Boris” 23

41

2012012

ET “Olimp-P.Gurtsov”

gr. Sliven

m-t “Matsulka”

42

2112003

“Milk-inzhenering” OOD

| gr.Smolyan |
| --- |
| ul. “Chervena skala” 21 |

gr.Smolyan

ul. “Chervena skala” 21

43

2112027

“Keri” OOD

s. Borino,

obsht. Borino

44

2312023

“Mogila” OOD

| gr. Godech, |
| --- |
| ul. “Ruse” 4 |

gr. Godech,

ul. “Ruse” 4

45

2512018

“Biomak” EOOD

| gr. Omurtag |
| --- |
| ul. “Rodopi” 2 |

gr. Omurtag

ul. “Rodopi” 2

46

2712013

“Ekselans” OOD

s. Osmar,

obsht. V. Preslav

47

2812018

ET “Bulmilk-Nikolay Nikolov”

s. General Inzovo,

obl. Yambolska

48

2812010

ET “Mladost-2-Yanko Yanev”

| gr. Yambol, |
| --- |
| ul. “Yambolen” 13 |

gr. Yambol,

ul. “Yambolen” 13

49

BG 1012020

ET “Petar Mitov-Universal”

s. Gorna Grashtitsa

obsht. Kyustendil

50

BG 1112016

Mandra “IPZHZ”

| gr. Troyan |
| --- |
| ul. “V.Levski” 281 |

gr. Troyan

ul. “V.Levski” 281

51

BG 1712042

ET “Madar”

s. Terter

52

BG 0912011

ET “Alada-Mohamed Banashak”

s. Byal izvor

obsht. Ardino

53

1112026

“ABLAMILK” EOOD

| gr. Lukovit |
| --- |
| ul. “Yordan Yovkov” 13 |

gr. Lukovit

ul. “Yordan Yovkov” 13

54

1312005

“Ravnogor” OOD

s. Ravnogor

55

1712010

“Bulagrotreyd-chastna kompaniya” EOOD

s. Yuper

Industrialen kvartal

56

2012011

ET “Ivan Gardev 52”

| gr. Kermen |
| --- |
| ul. “Hadzhi Dimitar” 2 |

gr. Kermen

ul. “Hadzhi Dimitar” 2

57

2012024

ET “Denyo Kalchev 53”

| gr. Sliven |
| --- |
| ul. “Samuilovsko shose” 17 |

gr. Sliven

ul. “Samuilovsko shose” 17

58

2112015

OOD “Rozhen Milk”

s. Davidkovo,

obsht. Banite

59

2112026

ET “Vladimir Karamitev”

s. Varbina

obsht. Madan

60

2312007

ET “Agropromilk”

| gr. Ihtiman |
| --- |
| ul. “P.Slaveikov” 19 |

gr. Ihtiman

ul. “P.Slaveikov” 19

61

BG 1812008

“Vesi” OOD

s. Novo selo

62

BG 2512003

“Si Vi Es” OOD

gr. Omurtag

Promishlena zona

63

BG 2612034

ET “Eliksir-Petko Petev”

s. Gorski izvor

64

0812030

“FAMA” AD

| gr. Dobrich |
| --- |
| bul. “Dobrudzha” 2 |

gr. Dobrich

bul. “Dobrudzha” 2

65

0912003

“Koveg-mlechni produkti” OOD

gr. Kardzhali

Promishlena zona

66

1412015

ET “Boycho Videnov — Elbokada 2000”

s. Stefanovo

obsht. Radomir

67

1712017

“Diva 02” OOD

gr. Isperih

ul. “An.Kanchev”

68

1712037

ET “Ali Isliamov”

s. Yasenovets

69

1712043

“Maxima milk” OOD

s. Samuil

70

2012010

“Saray” OOD

s. Mokren

71

2012032

“Kiveks” OOD

s.Kovachite

72

2012036

“Minchevi” OOD

s. Korten

73

2212009

“Serdika-94” OOD

gr. Sofia

kv. Zheleznitza

74

2312028

ET “Sisi Lyubomir Semkov”

s. Anton

75

2312033

“Balkan spetsial” OOD

s. Gorna Malina

76

2312039

EOOD “Laktoni”

s. Ravno pole,

obl. Sofiyska

77

2412040

“Inikom” OOD

| gr. Galabovo |
| --- |
| ul. “G.S.Rakovski” 11 |

gr. Galabovo

ul. “G.S.Rakovski” 11

78

2512011

ET “Sevi 2000-Sevie Ibryamova”

s. Krepcha

obsht. Opaka

79

2612015

ET “Detelina 39”

s. Brod

80

2812002

“Arachievi” OOD

s. Kirilovo,

obl. Yambolska’

81

BG 1612021

ET “Deni-Denislav Dimitrov-Ilias Islamov”

s. Briagovo

obsht. Gulyantsi

82

2012008

“Raftis” EOOD

s. Byala

83

2112023

ET “Iliyan Isakov”

s. Trigrad

obsht. Devin

84

2312020

“MAH 2003” EOOD

| gr. Etropole |
| --- |
| bul. “Al. Stamboliyski” 21 |

gr. Etropole

bul. “Al. Stamboliyski” 21

---