EN Official Journal of the European Union L 143/26

COMMISSION IMPLEMENTING DECISION

of 27 May 2013

amending Decision 2009/852/EC on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments

(notified under document C(2013) 2803)

(Text with EEA relevance)

(2013/249/EU)

THE EUROPEAN COMMISSION,

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

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 (1), and in particular the first paragraph of Article 9 thereof,

Whereas:

(1) Commission Decision 2009/852/EC (2) allows that the requirements laid down in Regulation (EC) No 853/2004, Annex III, Section IX, Chapter I, Subchapters II and III, not apply to milk processing establishments in Romania listed in Annex II and Annex III to that Decision until 31 December 2013.

(2) According to Decision 2009/852/EC, certain milk-processing establishments listed in Annex II to that Decision may process non-compliant milk with separate production lines.

(3) Romania sent the Commission a revised and updated list of those milk processing establishments on 15 February 2013.

(4) In that revised and updated list, establishment number L35 SC DANONE PDPA ROMANIA SRL has been removed from Annex II and authorised to processing only compliant milk to be placed on the EU market.

(5) Establishment number MM 1795 SC CALITATEA SRL has been authorised to process compliant and non-compliant raw milk without separation and, consequently, it should be removed from Annex II and transferred to Annex III to the same Decision.

(6) 17 establishments currently listed in Annex III to Decision 2009/852/EC have been deleted as they are authorised to place dairy products on the intra-Union market, since they are using only compliant milk. Those establishments were listed in the table in Annex III to Decision 2009/852/EC at No 1(AB 641 SC BIOMILK SRL); 6 (L78 SC ROMFULDA PROD SRL) 9 (BN 2399 SC CARMO-LACT PROD SRL) 13(L140 S.C. CARMOLACT SRL) 29 (CT 30 EASTERN EUROPEAN FOODS SRL) 40 (L124 SC PRIMULACT SRL, its name has been changed: SC LACTATE HARGHITA SA) 41(HR119 BOMILACT SRL) 42 (HR 625 LACTIS SRL) 43 (HR 213 PAULACT SA) 45 (IS 1540 PROMILCH SRL) 46 (L18 S.C. EUROCHEESE SRL) 56 (L121 SC MIRDATOD PROD SRL) 69 (SM 4189 PRIMALACT SRL) 70 (L5 SC NIRO SERV COM SRL) 74 (SV 1562 BUCOVINA SA SUCEAVA) 81 (L80 SC INDUSTRIAL MARIAN SRL) 82 (VN 231 VRANLACT SA).

(7) Moreover, 7 establishments currently listed in Annex III to Decision 2009/852/EC have been closed and, consequently, should be removed from the list. Those establishments were listed in the table in Annex III to Decision 2009/852/EC at N 26 (CT 225 MIH PROD SRL) 28 (CT 258 BINCO LACT SRL) 30 (CT 15 SC NIC COSTI TRADE SRL) 32 (L82 SC TOTALLACT GROUP SA) 33 (DJ80 SC DUVADI PROD COM SRL) 75 (SV 1888 SC TOCAR PROD SRL) 76 (SV 4909 SC ZADA PROD SRL).

(8) 6 establishments in Romania asked to be listed for the first time in Annex III to Decision 2009/852/EC. Those establishments have been inserted in the list at number 8 (L 185 SC SIMCODRIN COM SRL) 17 (L 83 SC KAZAL SRL) 45 (L169 SC DOBREAN SRL) 46 (L152 AGROTRANSCOMEX SRL) 61 (L199 SC LACTO-BOROAIA SRL) 40 (L 189 SC CALITATEA SRL).

(9) Decision 2009/852/EC 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

Annexes II and III to Decision 2009/852/EC are replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 May 2013. For the Commission Tonio BORG Member of the Commission

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

(2) OJ L 312, 27.11.2009, p. 59.