Introductory text

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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^f1 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^f2 and in particular Article 9 thereof,

Whereas:

Commission Decision 2009/852/EC^f3 allows that the structural requirements laid down in Regulation (EC) No 852/2004, Annex II, Chapter II and in Regulation (EC) No 853/2004, Annex III, Section I, Chapters II and III, Section II, Chapters II and III, and Section V, Chapter I, not apply to milk processing establishments in Romania listed in Annex I to that Decision until 31 December 2011.

In July 2010 the Romanian authorities officially informed the Commission, that, since the entry into force of Decision 2009/852/EC, five establishments in Annex I to that Decision were closed and one has been approved, one establishment in Annex II to that Decision has given up processing compliant and non-compliant raw milk on separate production lines and should be transferred to Annex III of the Decision, five establishments in Annex III to the Decision have been approved for intra-Union trade, one has been added and one establishment was closed.

In light of the ongoing structural improvements, it is appropriate that the lists of establishments set out in Annexes I to III to Decision 2009/852/EC be modified accordingly.

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: