EN Official Journal of the European Union L 288/35

COMMISSION DECISION

of 29 October 2007

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

(notified under document number C(2007) 5210)

(Text with EEA relevance)

(2007/710/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 Annex VII, Chapter 5, Section B, Subsection I, paragraph (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 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) Annex VII, Chapter 5, Section B, Subsection I, paragraph (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) The list of establishments has been updated by Commission Decision 2007/23/EC 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 (3).

(4) In Romania certain establishments in the meat, poultrymeat, fish and milk and milk products 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.

(5) Furthermore, in Romania certain meat, poultrymeat, fish and milk and milk products establishments have difficulties in complying with the relevant structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 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 should be added to the list of establishments in transition.

(6) Those establishments have 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.

(7) In the interests of clarity of Community legislations, 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.

(8) 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 of 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 is addressed to the Member States.

Done at Brussels, 29 October 2007. For the Commission Markos KYPRIANOU Member of the Commission

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

(2) 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).

(3) OJ L 8, 13.1.2007, p. 9.