EN Official Journal of the European Union L 6/30

COMMISSION DECISION

of 10 January 2011

amending Decision 2010/89/EU as regards transitional measures concerning the application to establishments in Romania of certain structural requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council

(notified under document C(2010) 9695)

(Text with EEA relevance)

(2011/9/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (1), and in particular the second paragraph of Article 12 thereof,

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 (2), and in particular the second paragraph of Article 9 thereof,

Whereas:

(1) Commission Decision 2010/89/EU of 9 February 2010 on transitional measures concerning the application of certain structural requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council to certain establishments for meat, fishery products and egg products and cold stores in Romania (3) limits the application of certain structural requirements laid down in those Regulations to certain establishments and cold stores in that Member State. Those transitional measures apply until 31 December 2010.

(2) Decision 2010/89/EU also provides that products produced or stored in the establishments and stores listed in Annexes I to IV thereto are only to be placed on the domestic market or used for further processing in the establishments

(3) In October 2010, Romania informed the Commission that following an evaluation carried out by their veterinary services, certain establishments listed in that Decision finalised their upgrading programme and have been approved and some establishments have been closed. Accordingly, it is necessary to update the lists set out in the Annexes to Decision 2010/89/EU. The Annexes to that Decision should therefore be amended accordingly.

(4) Romania estimates that of the 117 establishments concerned by the upgrading programmes, 36 of the meat establishments, three of the fishery product establishments and one cold store will not be able to complete their programmes before 31 December 2010, even though they are at an advanced level of compliance.

(5) Romania estimates that the establishments concerned should be in full compliance with the relevant structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 by 31 December 2011. In light of the ongoing structural improvements, it is necessary to prolong the period of application of the transitional measures provided for in Decision 2010/89/EU until that date.

(6) The situation in that Member State should be reviewed before 31 December 2011. Therefore, Romania should submit a report to the Commission by 31 October 2011 regarding progress made in the upgrading of the concerned establishments and cold stores.

(7) Accordingly, the period of application of Decision 2010/89/EU should be prolonged until 31 December 2011.

(8) In addition, in order to ensure the continuity of the transitional measures and prevent any disruption in the industry, this Decision should apply from 1 January 2011.

(9) Decision 2010/89/EU should therefore be amended accordingly.

(10) 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 2010/89/EU is amended as follows:

1. in Article 2, the date ‘31 December 2010’ is replaced by ‘31 December 2011’;

2. Article 3 is amended as follows: (a) in the introductory phrase, the date ‘31 December 2010’ is replaced by ‘31 December 2011’; (b) point (c) is deleted;

3. in Article 4(1), the introductory phrase is replaced by the following: ‘1. Products produced by the establishments listed in Annexes I or II or stored in the establishments listed in Annex IV shall only:’;

4. in Article 5(2), the date ‘31 October 2010’ is replaced by ‘31 October 2011’;

5. in Article 6, the date ‘31 December 2010’ is replaced by ‘31 December 2011’;

6. the Annexes are amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 1 January 2011.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 10 January 2011. For the Commission John DALLI Member of the Commission

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

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

(3) OJ L 40, 13.2.2010, p. 55.