# 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) EU Decision 2009/852 · adopted 26 November 2009 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) ## Introductory 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) 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 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 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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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: ## 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. ## 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 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 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. ## 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 31 December 2013, non-compliant milk without separate production lines. ## 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. ## 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. ## 7 This Decision shall apply from 1 January 2010 to 31 December 2013. ## 8 This Decision is addressed to the Member States. ## Annex I ## 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 farms31.12.2009 No of dairy farms with non-compliant milk31.12.2009 % non-compliant dairy farms out of the total31.12.2009 Total No of dairy farms30.11.2010 No of dairy farms with non-compliant milk30.11.2010 % non-compliant dairy farms out of the total30.11.2010 Total No of dairy farms30.9.2011 No of dairy farms with non-compliant milk30.9.2011 % non-compliant dairy farms out of the total30.9.2011 Summary RO Region Total No of milk collection points31.12.2009 No of non-compliant milk collection points31.12.2009 % non-compliant collection points out of the total31.12.2009 Total No of milk collection points30.11.2010 No of non-compliant milk collection points30.11.2010 % non-compliant collection points out of the total30.11.2010 Total No of milk collection points30.9.2011 % non-compliant collection points out of the total30.9.2011 Summary RO --- Source: https://www.legislation.gov.uk/eudn/2009/852 (the official version) Page: https://openlegislation.uk/eu-decision-2009-852 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.