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 (the list of establishments) until 31 December 2009, subject to certain conditions.

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. Accordingly the list of establishments should be amended to take account of such changes.

Furthermore, in Romania certain meat, poultrymeat, fish and milk and milk products establishments have difficulties in complying with the relevant structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 due to technical constraints. Those establishments need more time to finalise their upgrading process in order to be in full compliance with the relevant structural requirements laid down in those Regulations. Those establishments should be added to the list of establishments in transition.

Those establishments have provided guarantees that they have the necessary funds to remedy their outstanding shortcomings within the transitional period. The detailed information regarding the shortcomings for each establishment is available.

In the interests of clarity of Community legislations, it is appropriate to replace the list of establishment set out in Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania by the list set out in the Annex to this Decision.

The measures provided for in this Decision are in accordance with the opinion with the Standing Committee on the Food Chain and Animal Health,