EN Official Journal of the European Union L 143/41

COMMISSION DECISION

of 27 May 2011

amending Annexes I and II to Decision 2009/861/EC on transitional measures under Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the processing of non-compliant raw milk in certain milk processing establishments in Bulgaria

(notified under document C(2011) 3647)

(Text with EEA relevance)

(2011/322/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) Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Those rules include hygiene requirements for raw milk and dairy products.

(2) Commission Decision 2009/861/EC (2) provides for certain derogations from the requirements set out in subchapters II and III of Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004 for the milk processing establishments in Bulgaria listed in that Decision. That Decision is to apply from 1 January 2010 to 31 December 2011.

(3) Accordingly, certain milk processing establishments listed in Annex I to Decision 2009/861/EC may, by way of derogation from the relevant provisions of Regulation (EC) No 853/2004, process compliant and non-compliant milk provided that the processing of compliant and non-compliant milk is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex II to that Decision may process non-compliant milk without separate production lines.

(4) Bulgaria sent the Commission a revised and updated list of those milk processing establishments on 24 November 2010.

(5) In the new list, establishment number 7 of Annex I to Decision 2009/861/EC (BG 0812009 ‘Serdika — 90’ AD) has been removed from the list and authorised to place dairy products on the intra-Community market because in compliance with the requirements laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004.

(6) Moreover, establishments number 14 of Annex II to Decision 2009/861/EC (BG 1312002 ‘Milk Grup’ EOOD), number 25 (BG 1612020 ET ‘Bor -Chvor’) number 70 (BG 2412041 ‘Mlechen svyat 2003’ OOD) and number 92 (2212023 ‘EL BI Bulgarikum’) have been removed from the list and authorised to place dairy products on the intra-Community market because of compliance with the requirements laid down in Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004.

(7) Therefore, Decision 2009/861/EC should be amended accordingly.

(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 and neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS DECISION:

Article 1

Annexes I and II to Decision 2009/861/EC are replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 1 March 2011.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 27 May 2011. For the Commission John DALLI Member of the Commission

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

(2) OJ L 314, 1.12.2009, p. 83.