EN Official Journal of the European Union L 112/6

ANNEX V

List referred to in Article 18 of the Act of Accession: transitional measures

5. FOOD SAFETY, VETERINARY AND PHYTOSANITARY POLICY

I. LAYING HENS

31999 L 0074: Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (OJ L 203, 3.8.1999, p. 53).

By way of derogation from Article 6 of Council Directive 1999/74/EC, with regard to Croatia, laying hens in lay at the date of accession may be kept in cages which are not in conformity with the structural requirements laid down in that Article. Croatia shall ensure that the use of such cages stops at the latest 12 months after accession.

Eggs from those un-enriched cages shall only be placed on the national market of Croatia. Such eggs and their packs shall be clearly identified with a special mark, which allows for the necessary controls. A clear description of this special mark shall be communicated to the Commission no later than one year before the date of accession.

II. ESTABLISHMENTS (MEAT, MILK, FISH AND ANIMAL BY-PRODUCTS)

32004 R 0852: Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

32004 R 0853: 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 (OJ L 139, 30.4.2004, p. 55).

32009 R 1069: Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

1. The structural requirements laid down in: (a) European Parliament and Council Regulation (EC) No 852/2004: — Annex II, Chapter II; (b) European Parliament and Council Regulation (EC) No 853/2004: — Annex III, Section I, Chapters II and III, — Annex III, Section II, Chapters II and III, — Annex III, Section V, Chapter I; (c) Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (1): — Annex IV, Chapter I, — Annex IX, Chapters I, II and III, — Annex X, Chapters I and II, and — Annex XIII; shall not apply to certain establishments in the meat, milk, fish and animal by-products sectors in Croatia until 31 December 2015, subject to the conditions laid down below.

2. As long as the establishments referred to in paragraph 1 benefit from that paragraph, products originating from those establishments shall only be placed on the national market of Croatia or on markets of third countries in accordance with relevant Union legislation, or used for further processing in establishments in Croatia also covered by paragraph 1, irrespective of the date of marketing.

3. Food from establishments referred to in paragraph 1 shall bear a different health or identification mark to that provided for in Article 5 of Regulation (EC) No 853/2004. A clear description of the different health or identification mark shall be communicated to the Commission no later than one year before the date of accession.

4. Paragraphs 2 and 3 also apply to all products originating from integrated meat, milk or fishery establishments where a part of the establishment is subject to paragraph 1.

5. Croatia shall continuously monitor the implementation of the national programme for upgrading establishments and shall provide the Commission with an annual plan of progress in this respect. Croatia shall ensure that an individual upgrading plan for each of these establishments with deadlines for the correction of the structural requirements is elaborated and made available to the Commission on request.

6. In good time before accession the Commission shall establish a list of the establishments referred to in paragraph 1. That list shall be made public and shall include the name and address of each establishment.

7. Croatia shall ensure that any establishments which by the time of accession fail fully to comply with the food safety acquis of the Union, except where covered by the provisions of this transitional measure, terminate their activities.

8. Implementing rules to ensure the smooth operation of the transitional regime with respect to Regulations (EC) No 852/2004 and No 853/2004, may be adopted in accordance with the second paragraph of Article 12 and the second paragraph of Article 9 respectively thereof.

9. Implementing rules to ensure the smooth operation of the transitional regime with respect to Regulation (EC) No 1069/2009 may be adopted in accordance with Article 52(4) thereof.

III. MARKETING OF SEEDS

32002 L 0053: Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).

32002 L 0055: Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

Croatia may postpone until 31 December 2014 the application of Article 4(1) of Directive 2002/53/EC and Article 4(1) of Directive 2002/55/EC with regard to the marketing in its territory of seeds of varieties listed in its respective national catalogues of varieties of agricultural plant species and varieties of vegetable plant species which have not been officially accepted in accordance with those Directives. During that period, such seeds shall not be marketed in the territory of other Member States.

IV. NEUM

31997 L 0078: Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

Article 1 is replaced by the following:

‘Article 1 1. Veterinary checks on products from third countries introduced into one of the territories listed in Annex I shall be carried out by Member States in accordance with this Directive and with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2). 2. By way of derogation from paragraph 1, consignments of products coming from the territory of Croatia and transiting through the territory of Bosnia and Herzegovina at Neum (‘Neum corridor’) before re-entering the territory of Croatia via the points of entry at Klek or Zaton Doli, may be exempted from veterinary checks, subject to compliance with the following requirements: (a) Croatia shall have in place, on or before the date of accession, points of entry to the north and south of the Neum corridor that are equipped, staffed and prepared to ensure compliance with the requirements of this paragraph; (b) Croatia shall ensure that: (i) only closed vehicles are used for transporting the consignments; (ii) vehicles transporting consignments are sealed with uniquely numbered seals before transiting the Neum corridor; (iii) a register is made, detailing which numbered seals have been attached to which vehicles, which allows for the necessary checks; (iv) the date and time of leaving and re-entering the territory of Croatia of the vehicles transporting consignments are recorded, so that the total time of transit can be calculated; (c) Croatia shall ensure that consignments are not allowed to re-enter Croatia's territory where: (i) a vehicle's seal has been broken or replaced during transit through the Neum corridor; and/or (ii) the total time of transit considerably exceeds the acceptable total time of transit, given the total distance of transit unless the competent authority has carried out an assessment of the risks to animal and public health and has adopted effective, proportionate and targeted measures based on that assessment; (d) Croatia shall regularly and as necessary inform the Commission of any non-compliance with the requirements of point (b) and of the measures it has taken under point (c); (e) where necessary, a decision to suspend or withdraw the derogation from paragraph 1 shall be adopted in accordance with the procedure laid down in Article 29; (f) where necessary, detailed rules for the application of this paragraph may be adopted in accordance with the procedure laid down in Article 29.

(1) OJ L 54, 26.2.2011, p. 1.

(2) OJ L 165, 30.4.2004, p. 1.’.