# 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)         

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U.K.

# 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.

(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.

(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.

(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.

(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.

(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.

(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 1U.K.

Decision 2009/861/EC is amended as follows:

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

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

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.                           

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.’;                           

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.                           

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.’;                           

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

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

# Article 2U.K.

This Decision is addressed to the Member States.

Done at Brussels, 25 November 2013.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

## ANNEXU.K.

### “ANNEX I

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

### ANNEX II

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

1

OJ L 139, 30.4.2004, p. 55.                           

2

OJ L 314, 1.12.2009, p. 83.