27.11.2009 Official Journal of the European Union L 312/59 COMMISSION DECISION of 26 November 2009 on transitional measures under Regulations (EC) No 852/2004 and (EC) No 853/2004 of the European Parliament and of the Council as regard the processing of non-compliant raw milk in certain milk processing establishments in Romania and the structural requirements of such establishments (notified under document C(2009) 9083) (Text with EEA relevance) (2009/852/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (') and in particular the second subparagraph of Article 12 thereof, 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 (3 and in particular Article 9 thereof, Whereas: 0] 0] Regulation (EC) No 852/2004 lays down general rules for food business operators on the hygiene of foodstuffs based amongst others on the principles of hazard analysis and critical control points. It provides that food business operators are to comply with certain procedures based on those principles. Regulation (EC) No 8532004 lays down specific rules on the hygiene of food of animal origin for food business operators and supplements the rules laid down in Regulation (EC) No 852/2004. The rules laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004 include structural requirements for milk processing estab- lishments, as well as hygiene requirements concerning raw milk and dairy products. By the Act of Accession of Bulgaria and Romania (the Act of Accession), Romania has been granted a transi- tional period, expiring on 31 December 2009, for L 139, 30.4.2004, p. 1. L 139, 30.4.2004, p. 55. compliance by certain milk processing establishments with the structural and hygiene requirements of Regu- lations (EC) No 852/2004 and (EC) No 853/2004. Point (a) of Section B.I. of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing establishments that do not comply with the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. Since the accession of Romania, the number of estab- lishments in compliance with those  structural requirements has increased. However, certain milk processing establishments are still undergoing the necessary structural improvements in order to comply with those requirements. In light of the ongoing structural improvements, it is necessary to provide for a time-limited derogation from the structural requirements laid down in Regulations (EC) No 852/2004 and (EC) No 853/2004. The list of estab- lishments not in compliance with those structural requirements is set out in Annex I to this Decision. In addition, point (c) of Section B.L of Chapter 5 of Annex VII to the Act of Accession, authorises until 31 December 2009 certain milk processing estab- lishments that do not comply with the hygiene requirements laid down in Regulation (EC) No 853/2004. Milk production holdings that do not comply with those hygiene requirements are spread over the whole territory of Romania. The proportion of raw milk that complies with those requirements, delivered to milk processing establishments in Romania, has only increased slightly during the last years. Taking into account the current situation, it is appro- priate to provide for a time-limited derogation from the hygiene requirements laid down in Regulation (EC) No 853/2004 with a view to permitting Romania to bring its milk sector in compliance with those requirements.