Commission Decision of 22 December 2006 adopting certain transitional measures concerning deliveries of raw milk to processing establishments and the processing of this raw milk in Romania with regard to the requirements of Regulation (EC) Nos 852/2004 and 853/2004 of the European Parliament and of Council (notified under document number C(2006) 6963)   (Text with EEA relevance)
Date: 2006-12-22
Institutions: European Commission
Subjects: Romania, agri-foodstuffs, approval, delivery, food inspection, milk, transitional period (EU)

13.1.2007

EN

Official Journal of the European Union

L 8/45

COMMISSION DECISION

of 22 December 2006

adopting certain transitional measures
raw milk to processing
establishments and the processing of this raw milk in Romania with regard to the requirements
of Regulation (EC) Nos 852/2004 and 853/2004 of the European Parliament and of Council

concerning deliveries of

(notified under document number C(2006) 6963)

(Text with EEA relevance)

(2007/27/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,

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

Whereas:

(1)

the

Regulation (EC) No 852/2004 of
European
Parliament and of the Council of 29 April 2004 on
the hygiene of foodstuffs (1) lays down general rules for
food business operators on the hygiene of foodstuffs,
based on hazard analysis and critical control points prin-
ciples. It provides that food business operators are to
comply with the structural requirements based on those
principles. 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) supplements the rules laid down in
Regulation (EC) No 852/2004. The rules laid down in
Regulation
specific
requirements for milk processing establishments, as well
as hygiene requirements concerning raw milk and dairy
products.

853/2004

(EC) No

include

(2)

Romania is due to accede to the Community on 1
January 2007.
In preparation for that accession, milk
processing establishments are undergoing the necessary
improvements in order to comply with the
structural

(1) OJ L 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004, p. 3.
(2) 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 1662/2006 (OJ L 320, 18.11.2006, p. 1).

(3)

(4)

(5)

(6)

structural requirements laid down in Regulation (EC) No
852/2004. Since 2004 the number of establishments in
compliance with Community structural requirements has
increased from 12 to 123.

However, the proportion of raw milk that complies with
the hygiene requirements, laid down in Regulation (EC)
No 853/2004, delivered to milk processing estab-
lishments that comply with the structural requirements
of Regulation (EC) No 852/2004 has only increased
slightly.
the total production of 5,6
Mio t raw cow milk per year, 0,38 Mio t compliant
raw milk was delivered to milk processing estab-
lishments.

In 2005 out of

it is appro-
Taking into account the current situation,
priate to provide for transitional measures as regards
the organisation of the milk sector in Romania.

In this respect, Annex VII, Chapter 5, Subsection I, point
(c) of the Act of Accession of Bulgaria and Romania,
authorises temporarily certain milk processing estab-
that do not comply with the structural
lishments
requirements
(EC) No
down in Regulations
852/2004 to receive deliveries of raw milk that does
not comply with the relevant hygiene requirements laid
down in Regulation (EC) No 853/2004 (‘non-compliant
milk’).

laid

Milk production holdings that do not comply with the
hygiene requirements set out
in Regulation (EC) No
853/2004 and milk processing establishments that do
comply with the structural requirements set out in Regu-
lation (EC) No 852/2004 are spread over the whole
the
territory of Romania. Accordingly,
compliant
that
establishments
complies with the relevant hygiene requirements set out
in Regulation (EC) No 853/2004 (‘compliant milk’) as
well as non-compliant milk. Therefore,
the marketing
of
final products from the compliant establishments
should be restricted to Romania. In addition, a list of
those compliant establishments should be set out
in
this Decision.

raw milk

certain of

receive

L 8/46

EN

Official Journal of the European Union

13.1.2007

(7)

(8)

Furthermore, certain compliant establishments intend to
process separately compliant and non-compliant milk. It
is therefore necessary to establish the conditions as
regards the collection and treatment of such milk and
the marketing of the final products thereof. A list of
those compliant establishments processing those two
types of milk should also be set out in this Decision.

(b) bear a different identification mark from those provided for

in Article 5(1) of Regulation (EC) No 853/2004.

Article 3

reviewed before

The transitional period granted should be limited to 18
months. The situation of the milk sector in Romania is
to be
that period.
end of
Accordingly,
is appropriate that Romania submit
annual reports to the Commission regarding progress
in the upgrading of milk production holdings supplying
raw milk to compliant establishments.

the

it

Deliveries of compliant and non-compliant milk and
in
processing

establishments

compliant

listed

in

Chapter II of the Annex

The compliant establishments listed in Chapter II of the Annex
to this Decision may receive and process raw milk which
complies with the requirements set out in Chapter I, Part III,
3 and Chapter II, Part III of Section IX of Annex III to Regu-
lation (EC) No 853/2004 (‘compliant milk’) and non-compliant
milk on separate production lines provided that
the food
business operators of such establishments:

(9)

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

in this Decision are in
Standing

(a) comply with Article 5 of Regulation (EC) No 852/2004;

HAS ADOPTED THIS DECISION:

Article 1

Lists of compliant establishments

Chapters I and II of the Annex to this Decision set out lists of
milk processing establishments in Romania that comply with
the structural requirements of Regulation (EC) No 852/2004,
(‘compliant establishments’) and are
Annex II, Chapter
authorized to receive and process raw milk which is not in
compliance with Chapter I Part III, 3 and Chapter II Part III
of Section IX of Annex III to Regulation (EC) No 853/2004
(non-compliant milk).

II

Article 2

Deliveries of non-compliant milk and processing in
compliant establishments listed in Chapter I of the Annex

1.
The compliant establishments listed in Chapter I of the
Annex to this Decision may receive and process non-compliant
raw milk.

(b) demonstrate their capacity to comply with the following
including designating the separate production

conditions,
lines:

including routes of milk collection,

(i) to take all necessary measures to allow for the proper
observance of in-house procedures for the separation of
raw milk from collection up to the final production
separate
stage,
storage and treatment of both compliant and non-
compliant milk and specific packaging and labelling
of dairy products whether or not
they are derived
from compliant or non-compliant milk, as well as
separate storage of such milk;

(ii) to establish a procedure ensuring raw milk traceability,
including the necessary documentary evidence of
product movements and the accountancy for dairy
products and the reconciliation of compliant and
categories of dairy
non-compliant milk with the
products produced;

2.
As long as the establishments referred to in paragraph (1)
benefit from the provisions of that paragraph products origi-
nating from compliant establishments listed in Chapter I of the
Annex shall:

(iii) to expose all

raw milk to heat

treatment at a

temperature of minimum 71,7 °C for 15 seconds;

(a) only be placed on the domestic market or used for further
listed in
the date of

processing in other compliant establishments
Chapter
marketing;

irrespective of

the Annex,

I of

(iv) to take all appropriate measures to ensure that identi-
fication marks referred to Annex II, Section I of Regu-
lation (EC) No 853/2004 are not used fraudulently.

13.1.2007

EN

Official Journal of the European Union

L 8/47

Article 4

Duties of competent authorities in Romania concerning
compliant establishments listed in Chapter II of the Annex

1.

The competent authorities in Romania shall:

listed in Chapter

food business operators of compliant estab-
(a) ensure that
lishments
the Annex take all
necessary measures to allow for the proper observance of
in-house procedures for the separation of raw milk and
dairy products;

II of

(b) conduct tests and unannounced controls in compliant estab-
lishments listed in Chapter II of the Annex relating to their
observance of raw milk and dairy products separation;

(c) conduct tests in approved laboratories on all raw milk and
finished products from compliant establishments listed in
Chapter II of the Annex to this Decision to verify their
compliance with the requirements of Chapter II of Section
IX of Annex III to Regulation (EC) No 853/2004, including
the microbiological criteria for dairy products.

The milk and dairy products originating in the compliant
2.
establishments listed in Chapter II of the Annex processed from
non-compliant raw milk may only be placed on the domestic
market or used for further processing in other such estab-
lishments or establishments listed in Chapter I and bear a
in
different
Article 5(1) of Regulation (EC) No 853/2004.

identification mark from those provided for

Only dairy products, produced in compliant milk estab-
3.
lishments listed in Chapter II of the Annex to this Decision and
complying with paragraphs 1 of
and the
requirements of Annex III, Section IX of Regulation (EC) No
853/2004, may be marketed as compliant products complying
with the provisions of that Regulation.

this Article

Article 5

Compliance and reports

1.
Romania shall ensure the gradual compliance by the milk
production holdings, referred to in Article 2(1) of this Decision,
with the requirements Annex III, Section IX, Chapter I, parts II
and III of Regulation (EC) No 853/2004.

Romania shall submit annual reports to the Commission
2.
on progress made in upgrading milk production holdings and
the milk collection system.

Article 6

Milk and milk products produced under the provisions referred
to in Articles 3 and 4 of the present Decision shall only be
granted support under Title I, Chapters II and III, except Article
11 thereof, and Title II of Council Regulation (EC) No
1255/1999 (1)
identification mark
they carry the oval
referred to in Annex II, Section I, of Regulation (EC) No
853/2004.

if

Article7

Applicability

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

It shall apply until 30 June 2008.

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 22 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

L 8/48

EN

Official Journal of the European Union

13.1.2007

ANNEX

CHAPTER I

List of milk processing establishments in compliance with Community structural requirements authorised to
receive and process without separation compliant and non-compliant milk

1

2

3

4

5

6

7

8

9

AR 473

BT 17

BT 176

BR 24

CJ 7879

DB 59

NT 241

NT 556

SB 237

SC Octavian Impex SRL

Dezna, County of Arad, 317110

SC Spicul 2 SRL

Dorohoi, County of Botosani, 715200

SC Lacto Solomonescu SRL

Miron Costin, County
717466

of Botosani,

S.C. Lacta Prod SRL

Braila, County of Braila, 810224

SC Comlact SRL

Corusu, County of Cluj, 407056

SC Industrializarea Laptelui SA

Targoviste, County of Dambovita,
130062

SC Pro Com Pascal SRL

Pastraveni, County of Neamt, 617300

SC Stefanos SRL

Trifesti, County of Neamt, 617475

SC Carpalat SRL

Mandra, County of Sibiu, 557124

10

SB 298

SC Gefa Impex SRL

Talmaciu, County of Sibiu, 555700

11

L 56

SC Camy Lact SRL

Panaci-Vatra Dornei, County of Suceava,
727405

12

VN 25

SC Vitaprod SRL

Dumitresti, County of Vrancea, 727110

13

BC 4826

S.C. Marlact SRL

Buhoci, County of Bacau, 607085

14

BH 4646

SC Abacus Trade SRL

Toboliu, County of Bihor, 417273

15

BH 2980

SC Cîmpaneii Prest SRL

Mierlău, County of Bihor, 417277

16

BT 342

SC Indagrovet SRL

Coțușca, County of Botosani, 717090

17

BT 240

SC Geny Com SRL

18

BT 205

SC Cicos SRL

Vf. Câmpului, County of Botosani,
717450

George Enescu, County of Botosani,
717170

19

BR 215

S.C. Android Trading SRL

Maxineni, County of Braila, 817090

20

BZ 0627

SC Ianis Cos Lact SRL

C.A. Rosetti, County of Buzau, 127120

21

BZ 0298

SC Camen Tas SRL

Smeeni, County of Buzau,
127595

22

CJ 4185

SC Bonas Import Export SRL

Dezmir, County of Cluj, 407039

23

CV 56

SC Milk COM SRL

Saramas, County of Covasna, 527012

13.1.2007

EN

Official Journal of the European Union

L 8/49

24

CV 690

SC Mark SRL

Brates, County of Covasna, 527050

25

CV 234

SC Zugo SRL

Belin, County of Covasna, 527030

26

HR 383

S.C. Lactate Harghita SA

27

HR 70

S.C. Primulact SRL

Cristuru Secuiesc, County of Harghita,
535400

Miercurea Ciuc, County of Harghita,
530242

28

NT 607

S.C. D. A Secuieni

Secuieni, County of Neamt, 617405

29

OT 2836

SC Bourella Maris SRL

Babiciu, County of Olt, 237015

30

PH 6448

SC Rusara Prodcom SRL

Valea Calugareasca, County of Prahova,
107620

31

PH 212

S.C. Vitoro SRL

Ploiesti, County of Prahova, 100537

32

PH 6067

S.C. Zoe Gab SRL

Fulga, County of Prahova, 107260

33

SJ 52

SC Sanolact

Maeriste, County of Salaj, 457235

34

SV 4162

SC Malinul SRL

Malini, County of Suceava, 727350

35

SV 5355

SC Lacto Zaharia

Frumosu, County of Suceava, 727260

36

SV 6394

SC Martin's European Food Products
Comimpex SRL

Bosanci, County of Suceava, 727045

37

TL 1328

SC Izacos Lact SRL

Topolog, County of Tulcea, 827220

38

VN 35

SC Monaco SRL

Vrâncioaia, County of Vrancea, 627445

39

AG 6

SC Bradet SRL

Bradulet, County of Arges, 117145

40

L 57

SC Hochland Romania SRL

Sovata, County of Mures, 545500

41

AG 4

S.C. Dincudana SRL

Bradu, County of Arges, 117148

42

BH 1705

SC Dorlact SRL

Beznea, County of Bihor, 417081

43

CS 116

SC Fabrica de Produse Lactate

Oravita, County of Caras Severin,
325600

44

NT 900

S.C. Complex Agroalimentar SRL

Bicaz, County of Neamt, 615100

45

TL 965

SC Mineri SRL

Mineri, County of Tulcea, 827211

46

CJ 41

SC Kazal SRL

Dej, County of Cluj, 405200

47

L 40

SC Napolact SA

Huedin, County of Cluj, 405400

48

SM 3876

S.C. Schwaben Molkerei

Carei, County of Satu Mare, 445100

L 8/50

EN

Official Journal of the European Union

13.1.2007

CHAPTER II

List of milk processing establishments in compliance with Community structural requirements authorised to
receive and process separately compliant and non-compliant milk

1

2

3

4

5

6

7

8

9

AB 3508

SC Unichim Romania SRL

Unirea, County of Alba, 517785

L 81

AG 5

SC Raraul SA

Campulung Moldovenesc, County of
Suceava, 725100

S.C. Lactag SA Fabrica Costesti

Costesti, County of Arges, 115200

BC 6100

SC Depcoinf MBD SRL

Targu Trotus, County of Bacau, 607630

BT 60

BR 65

L 35

CT 30

CT 15

SC Five Continents Group SRL

Rachiti, County of Botosani, 717310

S.C. Brailact SRL

Braila, County of Braila, 810224

S.C.Danone PDPA Romania SRL

Bucuresti, 032451

SC Niculescu Prod SRL

Cumpana, County of Constanta, 907105

SC Nic Costi Trade SRL

Dorobantu, County Constanta, 907211

10

L 9

SC Covalact SA

11

L 22

SC Dorna Lactate SA

Sfantu Gheorghe, County of Covasna,
520076

Dorna Candrenilor — Floreni, County of
Suceava, 727190

12

13

14

15

16

17

18

19

20

21

22

23

L 53

TR 78

VS 2196

SV 001

SV 6352

BH 5206

BZ 0098

CT 299

CT 294

S.C. Friesland România SA

Carei, County of Satu Mare, 445100

SC Interagro SRL

Zimnicea, County of Teleorman, 145400

SC Ilvas SA

Vaslui, County of Vaslui, 730040

SC La Dorna Agri SA

Dorna Candreni, County of Suceava,
727190

SC La Dorna Chesse SA

Dorna Arini, County of Suceava, 727200

SC Prolacta SRL

Copacel, County of Bihor, 417205

SC Meridian Agroind

Ramnicu Sarat, County of Buzau,
125300

SC Nascu SRL

Indepenta, County of Constanta, 907145

SC Suflaria Import Export SRL

Cheia, County of Constanta, 907277

MM 4758

SC Milk-Humana SRL

Baia Mare, County of Maramures,
430306

MM 521

MM 725

SC Oblaza SRL

Birsana, County of Maramures, 437035

SC Avi Seb Impex SRL

Tirgu Lapus, County of Maramures,
435600

24

TL 855

SC Deltalact SA

Tulcea, County of Tulcea, 820009