Introductory text

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:

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 the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin^f1.

Some of those products have been released for free circulation 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 the application of Community legislation, it is appropriate to lay down transitional measures for the marketing of those products.

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 traceability system is not sufficient, those non-compliant products should not be processed by establishments authorised to dispatch their products to the Community.

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 in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION: