CELEX: 32007D0027
Language: en
Date: 2006-12-22 00:00:00
Title: 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)

13.1.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 8/45
            
         
      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)
   (2007/27/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   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)
            
            
               Regulation (EC) No 852/2004 of the 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 principles. 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 (EC) No 853/2004 include specific requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products.
            
         
               (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 structural improvements in order to comply with the 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.
            
         
               (3)
            
            
               However, the proportion of raw milk that complies with the hygiene requirements, laid down in Regulation (EC) No 853/2004, delivered to milk processing establishments that comply with the structural requirements of Regulation (EC) No 852/2004 has only increased slightly. In 2005 out of 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 establishments.
            
         
               (4)
            
            
               Taking into account the current situation, it is appropriate to provide for transitional measures as regards the organisation of the milk sector in Romania.
            
         
               (5)
            
            
               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 establishments that do not comply with the structural requirements laid down in Regulations (EC) No 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’).
            
         
               (6)
            
            
               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 Regulation (EC) No 852/2004 are spread over the whole territory of Romania. Accordingly, certain of the compliant establishments receive raw milk that 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.
            
         
               (7)
            
            
               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.
            
         
               (8)
            
            
               The transitional period granted should be limited to 18 months. The situation of the milk sector in Romania is to be reviewed before the end of that period. Accordingly, it 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.
            
         
               (9)
            
            
               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
   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, Annex II, Chapter II (‘compliant establishments’) and are 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).
   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.
   2.   As long as the establishments referred to in paragraph (1) benefit from the provisions of that paragraph products originating from compliant establishments listed in Chapter I of the Annex shall:
   
               (a)
            
            
               only be placed on the domestic market or used for further processing in other compliant establishments listed in Chapter I of the Annex, irrespective of the date of marketing;
            
         
               (b)
            
            
               bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.
            
         Article 3
   Deliveries of compliant and non-compliant milk and processing in compliant establishments 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 Regulation (EC) No 853/2004 (‘compliant milk’) and non-compliant milk on separate production lines provided that the food business operators of such establishments:
   
               (a)
            
            
               comply with Article 5 of Regulation (EC) No 852/2004;
            
         
               (b)
            
            
               demonstrate their capacity to comply with the following conditions, including designating the separate production lines:
               
                           (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 stage, including routes of milk collection, separate 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 non-compliant milk with the categories of dairy products produced;
                        
                     
                           (iii)
                        
                        
                           to expose all raw milk to heat treatment at a temperature of minimum 71,7 °C for 15 seconds;
                        
                     
                           (iv)
                        
                        
                           to take all appropriate measures to ensure that identification marks referred to Annex II, Section I of Regulation (EC) No 853/2004 are not used fraudulently.
                        
                     
         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:
   
               (a)
            
            
               ensure that food business operators of compliant establishments listed in Chapter II of 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;
            
         
               (b)
            
            
               conduct tests and unannounced controls in compliant establishments 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.
            
         2.   The milk and dairy products originating in the compliant 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 establishments or establishments listed in Chapter I and bear a different identification mark from those provided for in Article 5(1) of Regulation (EC) No 853/2004.
   3.   Only dairy products, produced in compliant milk establishments listed in Chapter II of the Annex to this Decision and complying with paragraphs 1 of this Article 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.
   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.
   2.   Romania shall submit annual reports to the Commission 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 (3) if they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004.
   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 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)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).
   
      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
               
               
                  AR 473
               
               
                  SC Octavian Impex SRL
               
               
                  Dezna, County of Arad, 317110
               
            
                  2
               
               
                  BT 17
               
               
                  SC Spicul 2 SRL
               
               
                  Dorohoi, County of Botosani, 715200
               
            
                  3
               
               
                  BT 176
               
               
                  SC Lacto Solomonescu SRL
               
               
                  Miron Costin, County of Botosani, 717466
               
            
                  4
               
               
                  BR 24
               
               
                  S.C. Lacta Prod SRL
               
               
                  Braila, County of Braila, 810224
               
            
                  5
               
               
                  CJ 7879
               
               
                  SC Comlact SRL
               
               
                  Corusu, County of Cluj, 407056
               
            
                  6
               
               
                  DB 59
               
               
                  SC Industrializarea Laptelui SA
               
               
                  Targoviste, County of Dambovita, 130062
               
            
                  7
               
               
                  NT 241
               
               
                  SC Pro Com Pascal SRL
               
               
                  Pastraveni, County of Neamt, 617300
               
            
                  8
               
               
                  NT 556
               
               
                  SC Stefanos SRL
               
               
                  Trifesti, County of Neamt, 617475
               
            
                  9
               
               
                  SB 237
               
               
                  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
               
               
                  Vf. Câmpului, County of Botosani, 717450
               
            
                  18
               
               
                  BT 205
               
               
                  SC Cicos SRL
               
               
                  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
               
            
                  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
               
               
                  Cristuru Secuiesc, County of Harghita, 535400
               
            
                  27
               
               
                  HR 70
               
               
                  S.C. Primulact SRL
               
               
                  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
               
            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
               
               
                  AB 3508
               
               
                  SC Unichim Romania SRL
               
               
                  Unirea, County of Alba, 517785
               
            
                  2
               
               
                  L 81
               
               
                  SC Raraul SA
               
               
                  Campulung Moldovenesc, County of Suceava, 725100
               
            
                  3
               
               
                  AG 5
               
               
                  S.C. Lactag SA Fabrica Costesti
               
               
                  Costesti, County of Arges, 115200
               
            
                  4
               
               
                  BC 6100
               
               
                  SC Depcoinf MBD SRL
               
               
                  Targu Trotus, County of Bacau, 607630
               
            
                  5
               
               
                  BT 60
               
               
                  SC Five Continents Group SRL
               
               
                  Rachiti, County of Botosani, 717310
               
            
                  6
               
               
                  BR 65
               
               
                  S.C. Brailact SRL
               
               
                  Braila, County of Braila, 810224
               
            
                  7
               
               
                  L 35
               
               
                  S.C.Danone PDPA Romania SRL
               
               
                  Bucuresti, 032451
               
            
                  8
               
               
                  CT 30
               
               
                  SC Niculescu Prod SRL
               
               
                  Cumpana, County of Constanta, 907105
               
            
                  9
               
               
                  CT 15
               
               
                  SC Nic Costi Trade SRL
               
               
                  Dorobantu, County Constanta, 907211
               
            
                  10
               
               
                  L 9
               
               
                  SC Covalact SA
               
               
                  Sfantu Gheorghe, County of Covasna, 520076
               
            
                  11
               
               
                  L 22
               
               
                  SC Dorna Lactate SA
               
               
                  Dorna Candrenilor — Floreni, County of Suceava, 727190
               
            
                  12
               
               
                  L 53
               
               
                  S.C. Friesland România SA
               
               
                  Carei, County of Satu Mare, 445100
               
            
                  13
               
               
                  TR 78
               
               
                  SC Interagro SRL
               
               
                  Zimnicea, County of Teleorman, 145400
               
            
                  14
               
               
                  VS 2196
               
               
                  SC Ilvas SA
               
               
                  Vaslui, County of Vaslui, 730040
               
            
                  15
               
               
                  SV 001
               
               
                  SC La Dorna Agri SA
               
               
                  Dorna Candreni, County of Suceava, 727190
               
            
                  16
               
               
                  SV 6352
               
               
                  SC La Dorna Chesse SA
               
               
                  Dorna Arini, County of Suceava, 727200
               
            
                  17
               
               
                  BH 5206
               
               
                  SC Prolacta SRL
               
               
                  Copacel, County of Bihor, 417205
               
            
                  18
               
               
                  BZ 0098
               
               
                  SC Meridian Agroind
               
               
                  Ramnicu Sarat, County of Buzau, 125300
               
            
                  19
               
               
                  CT 299
               
               
                  SC Nascu SRL
               
               
                  Indepenta, County of Constanta, 907145
               
            
                  20
               
               
                  CT 294
               
               
                  SC Suflaria Import Export SRL
               
               
                  Cheia, County of Constanta, 907277
               
            
                  21
               
               
                  MM 4758
               
               
                  SC Milk-Humana SRL
               
               
                  Baia Mare, County of Maramures, 430306
               
            
                  22
               
               
                  MM 521
               
               
                  SC Oblaza SRL
               
               
                  Birsana, County of Maramures, 437035
               
            
                  23
               
               
                  MM 725
               
               
                  SC Avi Seb Impex SRL
               
               
                  Tirgu Lapus, County of Maramures, 435600
               
            
                  24
               
               
                  TL 855
               
               
                  SC Deltalact SA
               
               
                  Tulcea, County of Tulcea, 820009