Commission Decision of 22 December 2006 laying down transitional measures for certain products of animal origin covered by Regulation (EC) No 853/2004 of the European Parliament and of the Council introduced into Bulgaria and Romania from third countries before 1 January 2007 (notified under document number C(2006) 7019)   (Text with EEA relevance)
Date: 2006-12-22
Institutions: European Commission
Subjects: Bulgaria, Romania, animal product, food inspection, foodstuff, import, marketing standard, third country, transitional period (EU)

13.1.2007

EN

Official Journal of the European Union

L 8/57

COMMISSION DECISION

of 22 December 2006

laying down transitional measures for certain products of animal origin covered by Regulation (EC)
No 853/2004 of the European Parliament and of the Council introduced into Bulgaria and Romania
from third countries before 1 January 2007

(notified under document number C(2006) 7019)

(Text with EEA relevance)

(2007/29/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania, and in particular Article 4(3) thereof,

(5)

(6)

After one year from the date of Accession, products that
have not yet been released for free circulation in those
two countries or exported and remain in storage under
customs supervision should be destroyed.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

HAS ADOPTED THIS DECISION:

Whereas:

(1)

(2)

(3)

(4)

Bulgaria and Romania are to accede to the Community
on 1 January 2007. Certain products of animal origin
coming from third countries introduced into Bulgaria
and Romania from third countries before that date do
not comply with the relevant Community rules set out in
Regulation (EC) No 853/2004 of
European
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (1).

the

Some of those products have been released for free circu-
lation in Bulgaria and Romania while others have not yet
been placed under the customs procedure and are still
under customs supervision in those two countries.

In order to facilitate the transition from the existing
regime in Bulgaria and Romania to that resulting from
it is appro-
the application of Community legislation,
priate
the
for
marketing of those products.

to lay down transitional measures

It is also appropriate to provide that products that do not
comply with Community legislation are not introduced
into other Member States. They should only be placed on
the domestic markets of Bulgaria and Romania or
exported to a third country under appropriate conditions.
Furthermore, taking into account, that the current trace-
ability system is not sufficient,
those non-compliant
products should not be processed by establishments
authorised to dispatch their products to the Community.

Article 1

Scope

This Decision shall apply to products of animal origin which:

(a)

fall within the scope of Regulation (EC) No 853/2004 but
do not comply with the requirement of that Regulation; and

(b) were introduced into Bulgaria and Romania from third

countries before 1 January 2007.

Article 2

Products of animal origin released for free circulation
before 1 January 2007

The products referred to in Article 1 (‘products of animal
1.
origin’) that have been released for free circulation in Bulgaria
and Romania (‘the new Member States’) before 1 January 2007
may only be placed on their national markets until 31
December 2007.

The products of animal origin:

(a) must not be processed by establishments authorised to

dispatch their products to other Member States; and

(1) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Commission Regulation (EC)
No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(b) must bear the national mark provided for by the national
rules of that new Member State at the date of release for
free circulation.

L 8/58

EN

Official Journal of the European Union

13.1.2007

in accordance with Council
2. Member States shall ensure,
Directive 89/662/EEC (1), and in particular Article 3 thereof,
that
traded between
Member States.

the products of animal origin are not

3.
By way of derogation from paragraph 1, the new Member
States may, until 31 December 2007, authorise the export of
the products of animal origin to a third country under the
following conditions:

(a)

the export must be carried out in accordance with Article
12 of Regulation (EC) No 178/2002 of
the European
Parliament and of the Council (2);

The products of animal origin may be released for free
2.
circulation in the new Member States or dispatched to a third
country in accordance with the conditions set out in Article 2.

From 1 January 2008, any consignments of products of
3.
animal origin under customs supervision shall be destroyed
under the control of the competent authority.

All costs of such destruction shall be chargeable to the owner of
the consignment.

Article 4

Application

(b) each consignment must be transported directly to the third
country under the supervision of the competent authority
without crossing the territory of other Member States;

This Decision shall apply subject to and as from the date of the
entry into force of
the Act of Accession of Bulgaria and
Romania.

(c) each consignment must be exported in a means of transport
sealed by the competent authority and the seals must be
checked at the point of exit of the new Member State.

Article 5

Addressees

Article 3

This Decision is addressed to the Member States.

Products of animal origin introduced into the new
Member States but not released for free circulation before
1 January 2007

1.
Products of animal origin introduced into the new
Member States, but not released for free circulation in the
new Member States before 1 January 2007, shall be subject
to the rules laid down in paragraphs 2 and 3.

Done at Brussels, 22 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 31, 1.2.2002, p. 1.