EN Official Journal of the European Union L 8/61

COMMISSION DECISION

of 22 December 2006

laying down transitional measures as regards the dispatch of certain products of the meat and milk sectors covered by Regulation (EC) No 853/2004 of the European Parliament and of the Council from Bulgaria to other Member States

(notified under document number C(2006) 7029)

(Text with EEA relevance)

(2007/31/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,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) 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 (2) 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 (3) 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 meat and milk processing establishments.

(2) According to the results of a Food and Veterinary Office (FVO) mission to Bulgaria carried out from 27 November 2006 to 1 December 2006 certain processing establishments in the meat and milk sectors do not comply with the provisions of Regulations (EC) No 852/2004 and (EC) No 853/2004.

(3) Furthermore, the current traceability system in Bulgaria is not sufficient to cover the needs of the situation in Bulgaria under conditions where meat coming from third countries and meat obtained in Bulgaria before 1 January 2007, and raw milk in Bulgaria, which do not comply with the requirements of those Regulations, are on the territory of Bulgaria.

(4) Taking into account the current situation in Bulgaria, it is appropriate to provide for transitional measures as regards certain products of the meat and milk sectors.

(5) During the transitional period the situation of all processing establishments in the meat and milk sectors has to be assessed in view to ensure the completion of the upgrading process of certain establishments to be in compliance with Community requirements. Furthermore the traceability system has to be improved to meet Community standards.

(6) During the transitional period, it is necessary to provide for a prohibition on the dispatch of certain products of the meat and milk sectors from Bulgaria to other Member States. However, it is appropriate to provide for a derogation for certain processing establishments authorised under Community legislation to export those products to the Community before 1 January 2007, in the light of guarantees available for those establishments.

(7) The transitional period provided for in this Decision should be limited to one year. The situation of the meat and milk sectors in Bulgaria is to be reviewed before the end of that period, in particular in view of the results of new FVO inspections to be carried out in January 2007.

(8) 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

This Decision shall apply to products of the meat and milk sectors covered by the following Sections of Annex III to Regulation (EC) No 853/2004:

(a) Section I (meat of domestic ungulates);

(b) Section II (meat from poultry and lagomorphs);

(c) Section III (meat of farmed game);

(d) Section IV (wild game meat);

(e) Section V (minced meat, meat preparations and mechanically separated meat);

(f) Section VI (meat products); and

(g) Section IX (raw milk and dairy products).

Article 2

1. The products referred to Article 1 (‘the products’) shall not be dispatched from Bulgaria to other Member States.

2. Member States shall ensure, in accordance with Directive 89/662/EEC and in particular Article 3 thereof, that the products are not traded between Member States.

Article 3

By way of derogation from Article 2(1), Member States shall authorise the trade in products which are obtained in a processing establishment listed in the Annex provided that the products:

(a) bear the Community health mark or identification mark, as referred to in points (a) and (b) of Article 5(1) of Regulation (EC) No 853/2004, of the processing establishments concerned;

(b) are accompanied by a document, as provided for in Article 14 of Regulation (EC) No 854/2004 of the European Parliament and of the Council (4), in which the competent authority of Bulgaria certifies the following: “Products in conformity with Commission Decision 2007/31/EC”.

Article 4

This Decision shall apply subject to and as from the date of the entry into force of the Act of Accession of Bulgaria and Romania.

It shall apply until 31 December 2007.

This Decision will be reviewed before this date in particular in view of the results of new FVO inspections carried out in January 2007.

Article 5

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 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33); corrected by OJ L 226, 25.6.2004, p. 22.

(2) OJ L 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004, p. 3.

(3) OJ L 139, 30.4.2004, p. 22; corrected by OJ L 226, 25.6.2004, p. 55. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(4) OJ L 139, 30.4.2004, p. 206; corrected by OJ L 226, 25.6.2004, p. 83.