Introductory text

THE EUROPEAN COMMISSION,

Having regard to Treaty of Accession of Croatia and in particular Article 3(4) thereof,

Having regard to the Act of Accession of Croatia, and in particular Article 42 thereof,

Whereas:

Croatia is expected to accede to the Union on 1 July 2013. Products of animal origin will be subject to the requirements of 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. However, certain products of animal origin introduced into Croatia before that date do not comply with the relevant rules set out in that Regulation.

Some of those products have been released for free circulation in Croatia while others have not yet been placed under the customs procedure and are still under customs supervision.

In order to facilitate the transition from the existing regime in Croatia to that resulting from the application of Union legislation, it is appropriate to lay down transitional measures for the marketing of those products.

Those products should only be placed on the domestic market of Croatia under appropriate conditions. In particular, 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 other Member States.

Products that do not comply with Regulation (EC) No 853/2004 should not be introduced into other Member States. In order to ensure that the products concerned are not subject to intra-Union trade, Member States should carry out appropriate checks in accordance with Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market^f2.

The export of such products to third countries should comply with appropriate arrangements and be carried out in accordance with Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety^f3.

After one year from the date of accession, products that have not yet been released for free circulation and placed on the market in Croatia 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: