Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union - Annex VII:List referred to in Article 20 of the Protocol: transitional measures, Romania - 5.Agriculture - B.Veterinary and phytosanitary legislation - I.Veterinary legislation
Official Journal L 157 , 21/06/2005 P. 0149 - 0150
I. Veterinary legislation
32004 R 0852: Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
32004 R 0853: 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 (OJ L 139, 30.4.2004, p. 55).
(a) The structural requirements laid down in Regulation (EC) No 852/2004, Annex II, Chapter II and in Regulation (EC) No 853/2004, Annex III, Section I, Chapters II and III, Section II, Chapters II and III, and Section V, Chapter I, shall not apply to establishments in Romania listed in Appendix B to this Annex until 31 December 2009, subject to the conditions laid down below.
(b) As long as the establishments referred to in paragraph (a) above benefit from the provisions of that paragraph, products originating from those establishments shall only be placed on the domestic market or used for further processing in establishments in Romania also covered by the provisions of paragraph (a), irrespective of the date of marketing. These products must bear a different health or identification mark to that provided for in Article 5 of Regulation (EC) No 853/2004.
The previous subparagraph also applies to all products originating from integrated meat establishments where a part of the establishment is subject to the provisions of paragraph (a).
(c) The milk processing establishments listed in Appendix B to this Annex may until 31 December 2009 receive deliveries of raw milk that does not comply with or has not been handled in accordance with the requirements in Regulation (EC) No 853/2004, Annex III, Section IX, Chapter I, subchapters II and III provided that those farms from which the milk is delivered are mentioned on a list maintained for that purpose by the Romanian authorities. Romania shall submit annual reports to the Commission on progress made in upgrading these dairy farms and the milk collection system.
(d) Romania shall ensure gradual compliance with the structural requirements referred to in paragraph (a). Before the date of accession Romania shall submit to the Commission an upgrading plan, approved by the competent national veterinary authority, for each of the establishments covered by the measure laid down by paragraph (a) and listed in Appendix B. The plan shall include a list of all shortcomings with regard to the requirements referred to in paragraph (a) and the planned date of their correction. Romania shall submit annual reports to the Commission on progress made in each of the establishments. Romania shall ensure that only those establishments which fully comply with these requirements by 31 December 2009 may continue to operate.
(e) The Commission may, in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002 , update Appendix B to this Annex before accession and until 31 December 2009 and in this context add or delete individual establishments in the light of progress made in the correction of existing shortcomings and the outcome of the monitoring process.
Detailed implementing rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002.
 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 (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).