EN Official Journal of the European Union L 8/9

COMMISSION DECISION

of 22 December 2006

amending Appendix B of Annex VII to the 2005 Act of Accession as regards certain establishments in the meat, milk and fish sectors in Romania

(notified under document number C(2006) 6801)

(Text with EEA relevance)

(2007/23/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 Annex VII, Chapter 5, Section B, Subsection I, (e) thereto,

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) and Regulation (EC) No 853/2004 of the European Parliament and of the Council of the 29 April 2004 laying down specific hygiene rules for food of animal origin (2) provide for certain structural requirements for establishments falling within the scope of those regulations.

(2) As Romania is due to accede to the Community on 1 January 2007, Annex VII, Chapter 5, Section B, Subsection I, (a) to the Act of Accession of Bulgaria and Romania provides that certain structural requirements laid down in those regulations are not to apply to the establishments in Romania listed in Appendix B of Annex VII to the Act of Accession (‘the list of establishments’) until 31 December 2009, subject to certain conditions.

(3) In Romania, certain establishments in the meat and milk sectors have completed their upgrading process and are now in full compliance with Community legislation. In addition, certain establishments have ceased their activities. Accordingly, the list of establishments should be amended to take account of such changes.

(4) Furthermore, in Romania certain meat, milk and fish establishments have difficulties in complying with the relevant structural requirements laid down in Regulations (EC) Nos 852/2004 and 853/2004 due to technical constraints. Those establishments need more time to finalise their upgrading process in order to be in full compliance with the relevant structural requirements laid down in those regulations. Those establishments have to be added to the lists of establishments in transition.

(5) Many of those establishments in Romania have been funded by the Special Accession Programme for Agriculture and Rural Development. They have all now provided guarantees that they have the necessary funds to remedy their outstanding shortcomings within the transitional period. The detailed information regarding the shortcomings for each establishment is available. Therefore it is also justified to grant a transitional period to these establishments.

(6) In the interests of clarity of Community legislation, it is appropriate to replace the list of establishment set out in Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania by the list set out in the Annex to this Decision.

(7) 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 1

Appendix B to Annex VII to the Act of Accession of Bulgaria and Romania is replaced by the text in the Annex to this Decision.

Article 2

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.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 22 December 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004.

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