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Document 32007D0027

    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)

    OJ L 8, 13/01/2007, p. 45–50 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
    OJ L 219M, 24/08/2007, p. 69–74 (MT)

    ⏵This document has been published in a special edition(s) (BG, RO)

    Legal status of the document No longer in force, Date of end of validity: 31/12/2009: This act has been changed. Current consolidated version: 12/08/2008

    ELI: http://data.europa.eu/eli/dec/2007/27(1)/oj

    Date of document:
    22/12/2006
    Date of effect:
    01/01/2007; Application See Art 7
    Date of effect:
    13/01/2007; Takes effect Date notif.
    Date of notification:
    13/01/2007; The act was notified but the date of notification is not available on EUR-Lex – the date of publication is used instead.
    Date of end of validity:
    31/12/2009; Ext.validity 32008D0662
    Author:
    European Commission
    Form:
    Decision
    Addressee:
    The twenty-five Member States: Belgium, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, Sweden, United Kingdom
    Additional information:
    EEA relevance
    Authentic language:
    Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Finnish, Swedish
    Treaty:
    Treaty establishing the European Community
    Legal basis:
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    Select all documents mentioning this document
    Modified by:
    Relation Act Comment Subdivision concerned From To
    Modified by 32007D0557 Replacement annex 20070802
    Modified by 32008D0452 Amendment annex DATEFF
    Modified by 32008D0662 Extended validity 31/12/2009
    Instruments cited:
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    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
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