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Commission Decision

of 8 May 2009

amending Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania as regards certain establishments in the meat, poultrymeat, fish and milk and milk products sectors in Romania

(notified under document number C(2009) 3390)

(Text with EEA relevance)

(2009/374/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Annex VII, Chapter 5, Section B, Subsection I, paragraph (e) thereto,

Whereas:

(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs(1) and 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(2) provide for certain structural requirements for establishments falling within the scope of those Regulations.

(2) Annex VII, Chapter 5, Section B, Subsection I, paragraph (a) to the Act of Accession of Bulgaria and Romania provides that certain structural requirements laid down in those Regulations are not to apply to the establishments in Romania listed in Appendix B of Annex VII to the Act of Accession until 31 December 2009, subject to certain conditions.

(3) As long as those establishments are in transition, products originating from those establishments are only to be placed on the domestic market or used for further processing in Romanian establishments in transition.

(4) Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania has been amended by Commission Decisions 2007/23/EC(3), 2007/710/EC(4), 2008/465/EC(5) and 2008/720/EC(6).

(5) In Romania, certain establishments in the meat, poultrymeat, fish and milk and milk products sectors have completed their upgrading process and are now in full compliance with Community legislation. In addition, certain establishments have ceased their activities. Those establishments should therefore be deleted from the list of establishments in transition.

(6) Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania should therefore be amended accordingly.

(7) 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: