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 paragraph 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 the second paragraph of Article 9 thereof,

Whereas:

Regulation (EC) No 852/2004 lays down general rules for food business operators on the hygiene of foodstuffs, taking account, inter alia, of procedures based on the principles of hazard analysis and critical control points.

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 in those Regulations include obligations on food business operators concerning structural requirements for establishments for meat, egg products and fishery products and cold stores.

Article 23 of the Act of Accession of Bulgaria and Romania and Annex VII thereto provide for certain transitional measures concerning Union veterinary legislation. Those measures provide that certain structural requirements laid down in Annex II to Regulation (EC) No 852/2004 and in Annex III to Regulation (EC) No 853/2004 are not to apply to the establishments in Romania listed in Appendix B to that Annex until 31 December 2009, subject to certain conditions.

Since the date of accession of Romania, the number of establishments for meat, fishery products and egg products and cold stores in compliance with the relevant structural requirements of Regulations (EC) No 852/2003 and (EC) No 853/2004 has increased to 80 % of the concerned establishments in that Member State. However, certain establishments are still undergoing the necessary structural improvements in order to comply with those requirements. Those establishments are spread across the whole territory of Romania.

In light of the ongoing structural improvements, it is necessary to provide for transitional measures derogating from the relevant structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004.

The lists of establishments that do not comply with those structural requirements are set out in Annex I to IV to this Decision. The lists include establishments for meat which are currently covered by Annex VII to the Act of Accession, as well as establishments for fishery products and egg products which are not covered by that Annex.

The marketing of products derived from those non-compliant establishments or stored in non-compliant cold stores should be restricted to Romania or used for further processing in establishments covered by the transitional measures provided for in this Decision to give the industry in Romania sufficient time to adapt to the relevant structural requirements.

The relevant transitional measures provided for in the Act of Accession expire on the 31 December 2009. In order to ensure the continuity of these transitional measures this Decision should enter into force as of 1 January 2010. The transitional period granted by this Decision should be limited to a period of one year from 1 January 2010 to 31 December 2010 by which date it is anticipated that the establishments concerned will be in full compliance with the relevant structural requirements. The situation in Romania should be reviewed before the end of that period. Therefore, Romania should submit a report to the Commission regarding progress in the upgrading of the concerned establishments and cold stores in that Member State.

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: