Commission Decision
of 1 March 2004
establishing additional guarantees regarding salmonella for consignments to Finland and Sweden of laying hens
(notified under document number C(2004) 582)
(Text with EEA relevance)
(2004/235/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs(1), and in particular Article 9b(2) thereof,
Whereas:
(1) Commission Decision 95/161/EC of 21 April 1995 establishing additional guarantees regarding salmonella for consignments to Finland and Sweden of laying hens(2) has been substantially amended(3). In the interests of clarity and rationality the said Decision should be codified.
(2) The Commission has approved the operational programmes submitted by Finland and Sweden regarding salmonella controls. Those programmes include specific measures for laying hens, namely productive poultry reared with a view to producing eggs for consumption.
(3) Guarantees should be established equivalent to those implemented by Finland and Sweden under their operational programmes.
(4) Those additional guarantees are to be based in particular on a microbiological examination of the poultry to be sent to Finland and Sweden.
(5) Rules should be established for this microbiological examination of samples by laying down the sampling method, the number of samples to be taken and the microbiological methods for examining the samples.
(6) Those guarantees should not be applicable to any flock that is subject to a programme recognized as equivalent to that implemented by Finland and Sweden.
(7) Finland and Sweden should apply to consignments originating from third countries import requirements at least as stringent as those laid down in this Decision.
(8) The methods described in this Decision take into account the opinion of the European Food Safety Authority.
(9) 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
Laying hens, namely productive poultry reared with a view to producing eggs for consumption, to be sent to Finland and Sweden shall be subject to a microbiological test, effected by sampling in the flock of origin.
Article 2
The microbiological test referred to in Article 1 shall be carried out as laid down in Annex I.
Article 3
1. Laying hens to be sent to Finland and Sweden shall be accompanied by the certificate shown in Annex II.
2. The certificate provided for in paragraph 1 may:
- either be accompanied by model 3 certificate of Annex IV to Directive 90/539/EEC,
- or be incorporated in the certificate referred to in the first indent.
Article 4
The additional guarantees provided for in this Decision shall not be applicable to flocks subject to a programme recognised, according to the procedure laid down in Article 32 of Directive 90/539/EEC, as equivalent to that implemented by Finland and Sweden.
Article 5
Decision 95/161/EC is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex IV.
Article 6
This Decision is addressed to the Member States.
Done at Brussels, 1 March 2004.