COMMISSION DECISION
of 10 May 2010
amending Annexes I and II to Decision 2009/861/EC on transitional measures under Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the processing of non-compliant raw milk in certain milk processing establishments in Bulgaria
(notified under document C(2010) 2953)
(Text with EEA relevance)
(2010/276/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 (1), and in particular the first paragraph of Article 9 thereof,
Whereas:
(1)
Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Those rules include hygiene requirements for raw milk and dairy products.
(2)
Commission Decision 2009/861/EC (2) provides for certain derogations from the requirements set out in Subchapters II and III of Chapter I of Section IX of Annex III to Regulation (EC) No 853/2004 for the milk processing establishments in Bulgaria listed in that Decision. That Decision is to apply from 1 January 2010 to 31 December 2011.
(3)
Accordingly, certain milk processing establishments listed in Annex I to Decision 2009/861/EC may, by way of derogation from the relevant provisions of Regulation (EC) No 853/2004, process compliant and non-compliant milk provided that the processing of compliant and non-compliant milk is carried out on separate production lines. In addition, certain milk processing establishments listed in Annex II to that Decision may process non-compliant milk without separate production lines.
(4)
Bulgaria sent the Commission a revised and updated list of those milk processing establishments on 20 November 2009. Therefore, it is necessary to amend the lists of establishments in the Annexes to Decision 2009/861/EC.
(5)
As Decision 2009/861/EC is to apply from 1 January 2010, this Decision should also apply from that date.
(6)
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:
Article 1
Annexes I and II to Decision 2009/861/EC are replaced by the text in the Annex to this Decision.
Article 2
This Decision shall apply from 1 January 2010.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 10 May 2010.