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Document 02009D0852-20130530
Commission Decision of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments (notified under document C(2009) 9083) (Text with EEA relevance) (2009/852/EC)
Consolidated text: Commission Decision of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments (notified under document C(2009) 9083) (Text with EEA relevance) (2009/852/EC)
Commission Decision of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments (notified under document C(2009) 9083) (Text with EEA relevance) (2009/852/EC)
2009D0852 — EN — 30.05.2013 — 003.001
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COMMISSION DECISION of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments (notified under document C(2009) 9083) (Text with EEA relevance) (OJ L 312, 27.11.2009, p.59) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 283 |
34 |
29.10.2010 |
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L 345 |
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29.12.2011 |
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L 143 |
26 |
30.5.2013 |
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COMMISSION DECISION
of 26 November 2009
on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments
(notified under document C(2009) 9083)
(Text with EEA relevance)
(2009/852/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( 1 ) and in particular the second subparagraph of Article 12 thereof,
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 ( 2 ) and in particular Article 9 thereof,
Whereas:|
(1) |
Regulation (EC) No 852/2004 lays down general rules for food business operators on the hygiene of foodstuffs based amongst others on the principles of hazard analysis and critical control points. It provides that food business operators are to comply with certain procedures based on those principles. |
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(2) |
Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators and supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 include structural requirements for milk processing establishments, as well as hygiene requirements concerning raw milk and dairy products. |
|
(3) |
By the Act of Accession of Bulgaria and Romania (the Act of Accession), Romania has been granted a transitional period, expiring on 31 December 2009, for compliance by certain milk processing establishments with the structural and hygiene requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004. |
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(4) |
Point (a) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. |
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(5) |
Since the accession of Romania, the number of establishments in compliance with those structural requirements has increased. However, certain milk processing establishments are still undergoing the necessary structural improvements in order to comply with those requirements. In light of the ongoing structural improvements, it is necessary to provide for a time-limited derogation from the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. The list of establishments not in compliance with those structural requirements is set out in Annex I to this Decision. |
|
(6) |
In addition, point (c) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the hygiene requirements laid down in Regulation (EC) No 853/2004. |
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(7) |
Milk production holdings that do not comply with those hygiene requirements are spread over the whole territory of Romania. The proportion of raw milk that complies with those requirements, delivered to milk processing establishments in Romania, has only increased slightly during the last years. |
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(8) |
Taking into account the current situation, it is appropriate to provide for a time-limited derogation from the hygiene requirements laid down in Regulation (EC) No 853/2004 with a view to permitting Romania to bring its milk sector in compliance with those requirements. |
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(9) |
In light of this situation, certain milk processing establishments listed in Annex II to this Decision should be allowed, by way of derogation from Regulation (EC) No 853/2004, to continue to process compliant and non-compliant milk provided that the processing is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex III to this Decision should be allowed to continue to process non-compliant milk without separate production lines. |
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(10) |
In addition, in order not to penalise milk processing establishments that comply with the structural requirements, it is appropriate to authorise such establishments to receive non-compliant milk on the same conditions as apply to milk processing establishments that do not comply with those requirements. |
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(11) |
The marketing of dairy products derived from non-compliant milk should be restricted to Romania or used for further processing in the milk processing establishments covered by the derogations provided for in this Decision. |
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(12) |
The transitional period granted by this Decision should be limited to twenty-four months from 1 January 2010. The situation in the milk sector in Romania should be reviewed before the end of that period. Therefore, Romania should submit annual reports to the Commission regarding progress in the upgrading of milk processing establishments in that Member State, milk production holdings supplying raw milk to those establishments and the system for collecting and transporting non-compliant milk. |
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(13) |
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
For the purpose of this Decision ‘non-compliant milk’ means raw milk which does not comply with the requirements set out in Annex III, Section IX, Chapter I, Subchapters II and III to Regulation (EC) No 853/2004.
▼M2 —————
Article 3
By way of derogation from the requirements set out in Annex III, Section IX, Chapter I, Subchapters II and III to Regulation (EC) No 853/2004, the milk processing establishments listed in Annex II to this Decision may continue to process, until ►M2 31 December 2013 ◄ , compliant and non-compliant milk provided that the processing of the compliant and the non-compliant milk is carried out on separate production lines.
Article 4
By way of derogation from the requirements set out in Annex III, Section IX, Chapter I, Subchapters II and III to Regulation (EC) No 853/2004, the milk processing establishments listed in Annex III to this Decision may continue to process, until ►M2 31 December 2013 ◄ , non-compliant milk without separate production lines.
Article 5
Dairy products derived from non-compliant milk shall only:
(a) be placed on the domestic market in Romania; or
(b) be used for further processing in the milk processing establishments in Romania referred to in Articles 2, 3 and 4.
Such dairy products shall bear a health or identification mark which is different from the health or identification mark provided for in Article 5 of Regulation (EC) No 853/2004.
Article 6
1. Romania shall submit annual reports to the Commission on progress made in bringing the following in compliance with Regulation (EC) No 853/2004:
(a) production holdings producing non-compliant milk;
(b) the system for collecting and transporting non-compliant milk.
The first annual report shall be submitted to the Commission by 31 December 2012, at the latest, and the second annual report by 31 October 2013, at the latest.
The reports shall be submitted in the form set out in Annex IV.
2. The Commission shall closely monitor the progress in bringing the raw milk processed by the establishments listed in Annexes II and III in compliance with the requirements laid down in Regulation (EC) No 853/2004.
If, on the basis of the reports submitted by Romania, the Commission considers that compliance is not likely to be achieved by 31 December 2013, it shall propose appropriate measures in order to remedy the situation.
Article 7
This Decision shall apply from 1 January 2010 to ►M2 31 December 2013 ◄ .
Article 8
This Decision is addressed to the Member States.
▼M2 —————
ANNEX II
LIST OF ESTABLISHMENTS AS REFERRED TO IN ARTICLE 3
|
No |
Veterinary approval number |
Name of establishment |
Address (town/village/county) |
ANNEX III
LIST OF ESTABLISHMENTS AS REFERRED TO IN ARTICLE 4
|
No |
Veterinary approval number |
Name of establishment |
Address (town/village/county) |
|
1 |
L 175 |
SC LACTATE C.H. SRL |
Sânmiclăuș, județul Alba, 517761 |
|
2 |
L 172 |
SC MOISI SERV COM SRL |
Borșa, nr. 8, județul Bihor, 417431 |
|
3 |
L 136 |
SC CÂMPANEII PREST SRL |
Hidișelul de Sus, județul Bihor, 417277 |
|
4 |
L72 |
SC LACTOMUNTEAN SRL |
Teaca, județul Bistrița-Năsăud, 427345 |
|
5 |
L107 |
SC BENDEAR CRIS PROD COM SRL |
Șieu Măgheruș, județul Bistrița-Năsăud, 427295 |
|
6 |
L110 |
SC LECH LACTO SRL |
Lechința, județul Bistrița-Năsăud, 427105 |
|
7 |
L 171 |
SC ELIEZER SRL |
Lunca Ilvei, județul Bistrița-Năsăud, 427125 |
|
8 |
L 185 |
SC SIMCODRIN COM SRL |
Budești-Fânațe, județul Bistrița-Năsăud, 427374 |
|
9 |
L3 |
SC ABY IMPEX SRL |
Șendriceni, județul Botoșani, 717380 |
|
10 |
L116 |
SC RAM SRL |
Ibănești, județul Botoșani, 717215 |
|
11 |
L154 |
S.C. CAS SRL |
Braila, judetul Braila, 810224 |
|
12 |
L148 |
S.C. LACTAS S.R.L. |
Ianca, judetul Braila, 815200 |
|
13 |
L 177 |
SC IANIS DIM SRL |
Lehliu Gară, județul Călărași, 915300 |
|
14 |
L129 |
SC BONAS IMPORT EXPORT SRL |
Dezmir, județul Cluj, 407039 |
|
15 |
L84 |
SC PICOLACT PRODCOM SRL |
Iclod, județul Cluj, 407335 |
|
16 |
L149 |
S.C. COMLACT SRL |
Corusu, judetul Cluj, 407056 |
|
17 |
L 83 |
SC KAZAL SRL |
Dej, județul Cluj, 405200 |
|
18 |
L43 |
SC DTM MILK LOGISTIC SRL |
Ion Corvin, județul Constanța, 907150 |
|
19 |
L40 |
SC BETINA IMPEX SRL |
Ovidiu, județul Constanța, 905900 |
|
20 |
L41 |
SC ELDA MEC SRL |
Topraisar, județul Constanța, 907210 |
|
21 |
L87 |
SC NICULESCU PROD SRL |
Cumpăna, județul Constanța, 907105 |
|
22 |
L118 |
SC ASSLA KAR SRL |
Medgidia, județul Constanța, 905600 |
|
23 |
L130 |
SC MUNTINA PROD SRL |
Constanța, județul Constanța, 900735 |
|
24 |
L 173 |
SC IAN PROD SRL |
Târgușor, județul Constanța, 90727 |
|
25 |
L 181 |
SC LACTO GENIMICO SRL |
Hârșova, județul Constanța, 905400 |
|
26 |
L 180 |
SC LACTIDO SA |
Craiova, județul Dolj, 200378 |
|
27 |
L91 |
SC COSMILACT SRL |
Schela, județul Galați, 807265 |
|
28 |
L 113 |
SC LACTA SA |
Giurgiu, județul Giurgiu, 080556 |
|
29 |
L 179 |
SC SEKAM PROD SRL |
Novaci, județul Gorj, 215300 |
|
30 |
L49 |
SC ARTEGO SA |
Târgu Jiu, Gorj, 210257 |
|
31 |
L65 |
SC KARPATEN MILK |
Suseni, județul Harghita, 537305 |
|
32 |
L99 |
SC VALIZVI PROD COM SRL |
Gârbovi, județul Ialomița, 927120 |
|
33 |
L47 |
SC OBLAZA SRL |
Bârsana, județul Maramureș, 437035 |
|
34 |
L85 |
SC AVI-SEB IMPEX SRL |
Copalnic Mănăștur, județul Maramureș, 437103 |
|
35 |
L86 |
SC ZEA SRL |
Boiu Mare, județul Maramureș, 437060 |
|
36 |
L16 |
SC ROXAR PROD COM SRL |
Cernești, județul Maramureș, 437085 |
|
37 |
L134 |
SC MULTILACT SRL |
Baia Mare, județul Maramureș, 430015 |
|
38 |
L 191 |
SC WROMSAL SRL |
Satulung, județul Maramureș, 437270 |
|
39 |
L190 |
SC ONY SRL |
Larga, județul Maramureș, 437317 |
|
40 |
L189 |
SC CALITATEA SRL |
Tăuții Măgherăuș, județul Maramureș, 437349 |
|
41 |
L54 |
SC RODLACTA SRL |
Fărăgău, județul Mureș, 547225 |
|
42 |
L108 |
SC LACTEX REGHIN SRL |
Solovăstru, județul Mureș, 547571 |
|
43 |
L 29 |
SC HELIANTUS PROD |
Reghin, județul Mureș, 545300 |
|
44 |
L 176 |
SC GLOBIVET PHARM SRL |
Batoș, județul Mureș, 547085 |
|
45 |
L 169 |
SC DOBREAN SRL |
Ideciu de Sus, județul Mureș, 547362 |
|
46 |
L 152 |
SC AGROTRANSCOMEX SRL |
Miercurea Nirajului, județul Mureș, 547410 |
|
47 |
L 184 |
SC COMPLEX AGROALIMENTAR SRL |
Bicaz, județul Neamț, 615100 |
|
48 |
L96 |
SC PROD A.B.C. COMPANY SRL |
Grumăzești, județul Neamț, 617235 |
|
49 |
L101 |
SC 1 DECEMBRIE SRL |
Târgu Neamț, județul Neamț, 615235 |
|
50 |
L106 |
SC RAPANU SR. COM SRL |
Petricani, județul Neamț, 617315 |
|
51 |
L6 |
SC LACTA HAN PROD SRL |
Urecheni, județul Neamt, 617490 |
|
52 |
L123 |
SC PROCOM PASCAL SRL |
Păstrăveni, județul Neamț, 617300 |
|
53 |
L100 |
SC ALTO IMPEX SRL |
Provița de Jos, județul Prahova, 107477 |
|
54 |
L88 |
SC AGROMEC CRASNA SA |
Crasna, județul Sălaj, 457085 |
|
55 |
L89 |
SC OVINEX SRL |
Sărmășag, județul Sălaj, 457330 |
|
56 |
L71 |
SC LACTO SIBIANA SA |
Șura Mică, județul Sibiu, 557270 |
|
57 |
L36 |
SC PROLACT PROD COM SRL |
Vicovu de Sus, județul Suceava, 727610 |
|
58 |
L81 |
SC RARAUL SA |
Câmpulung Moldovenesc, județul Suceava, 727100 |
|
59 |
L166 |
SC BUCOVINA SA FALTICENI |
Fălticeni, județul Suceava, 725200 |
|
60 |
L 167 |
SC ECOLACT SRL |
Milișăuți, județul Suceava, 727360 |
|
61 |
L 199 |
SC LACTO-BOROAIA SRL |
Boroaia, jud. Suceava, 727040 |
|
62 |
L 168 |
SC VIOLACT SRL |
Putineiu, județul Teleorman, 147285 |
|
63 |
L 186 |
SC MADIS BIG COM SRL |
Videle, județul Teleorman, 145300 |
|
64 |
L 163 |
SC COMALACT SRL |
Nanov, județul Teleorman, 147215 |
L43 — SC LACTOCORV SRL, județul Constanța — its name has been changed in: SC DTM MILK LOGISTIC SRL
L 186 — SC BIG FAMILY SRL județul Teleorman — its name has been changed in: SC MADIS BIG COM SRL
ANNEX IV
REPORT FORM AS REFERRED TO IN ARTICLE 6
|
Establishment number |
Name |
Address |
Region |
Progress made (short description) |
Estimated level of compliance in (%) |
Planned date for compliance |
|
Region |
Total of No dairy farms 31.12.2009 |
No of dairy farms with non-compliant milk 31.12.2009 |
% non-compliant dairy farms out of the total 31.12.2009 |
Total No of dairy farms 30.11.2010 |
No of dairy farms with non-compliant milk 30.11.2010 |
% non-compliant dairy farms out of the total 30.11.2010 |
Total No of dairy farms 30.9.2011 |
No of dairy farms with non-compliant milk 30.9.2011 |
% non-compliant dairy farms out of the total 30.9.2011 |
|
Summary RO |
|
Region |
Total No of milk collection points 31.12.2009 |
No of non-compliant milk collection points 31.12.2009 |
% non-compliant collection points out of the total 31.12.2009 |
Total No of milk collection points 30.11.2010 |
No of non-compliant milk collection points 30.11.2010 |
% non-compliant collection points out of the total 30.11.2010 |
Total No of milk collection points 30.9.2011 |
% non-compliant collection points out of the total 30.9.2011 |
|
Summary RO |
( 1 ) OJ L 139, 30.4.2004, p. 1.
( 2 ) OJ L 139, 30.4.2004, p. 55.