EN Official Journal of the European Union L 289/14

COMMISSION DECISION

of 30 October 2007

laying down transitional measures for structural requirements of certain establishments in the meat and milk sectors in Bulgaria provided for in Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council

(notified under document number C(2007) 5238)

(Text with EEA relevance)

(2007/716/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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) Commission Decision 2007/31/EC (2) lays down transitional measures as regards the dispatch from Bulgaria to other Member States of certain products of the meat and milk sectors, covered by Annex III 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 (3). Those products are to be dispatched from Bulgaria only if obtained in a processing establishment listed in the Annex to Decision 2007/31/EC.

(2) The Food and Veterinary Office (FVO) carried out a mission in Bulgaria from 22 to 27 April 2007 with a view to assessing the situation of the processing establishments. The Bulgarian authorities have demonstrated that they now have the capacity and capability to evaluate establishments correctly for approval for intra-Community trade and have solved the former problems of controls. Decision 2007/31/EC should therefore be repealed.

(3) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (4) and Regulation (EC) No 853/2004 provide for certain structural requirements for establishments falling within the scope of those Regulations.

(4) In Bulgaria certain establishments in the meat and milk sectors need more time to comply with the relevant structural requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004. Accordingly the structural requirements laid down in Regulation (EC) No 852/2004, Annex II, Chapter II and in Regulation (EC) No 853/2004, Annex III, Section I, Chapters II and III, Section II, Chapters II and III, and Section V, Chapter I, should not apply to establishments listed in the Annex to this Decision until 31 December 2009, subject to certain conditions.

(5) As long as those establishments are in transition, products originating from those establishments should only be placed on the domestic market or used for further processing in Bulgarian establishments in transition. For the purposes of checking that the products produced in those establishments are traded and placed only on the national market the products should bear a different health or identification mark from that provided for in Article 5 of Regulation (EC) No 853/2004 and that mark should be communicated to the other Member States.

(6) Bulgaria should ensure gradual compliance with the relevant structural requirements in accordance with an upgrading plan, approved by the competent national veterinary authority, for each of those establishments. The plan should include a list of all shortcomings and the planned date of their correction. Bulgaria should ensure that only those establishments which fully comply with these requirements by 31 December 2009 may continue to operate.

(7) 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

The structural requirements laid down in Regulation (EC) No 852/2004, Annex II, Chapter II and in Regulation (EC) No 853/2004, Annex III, Section I, Chapters II and III, Section II, Chapters II and III, and Section V, Chapter I, shall not apply to establishments listed in the Annex to this Decision until 31 December 2009.

Article 2

1. The following products shall only be placed on the domestic market or used for further processing in establishments listed in the Annex:

(a) products originating from establishments listed in the Annex;

(b) products originating from integrated meat and milk establishments part of which is listed in the Annex.

2. The products referred to in paragraph 1 shall bear a different health or identification mark from that provided for in Article 5 of Regulation (EC) No 853/2004.

3. Bulgaria shall communicate the health or identification marks used for the products referred to in paragraph 1 to the Commission, which shall forward the information to the other Member States.

Article 3

Decision 2007/31/EC is repealed.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 30 October 2007. 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, as corrected by OJ L 195, 2.6.2004, p. 12).

(2) OJ L 8, 13.1.2007, p. 61. Decision as last amended by Decision 2007/586/EC (OJ L 220, 25.8.2007, p. 22).

(3) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(4) OJ L 139, 30.4.2004, p. 1, as corrected by in OJ L 226, 25.6.2004, p. 3.