Proposal for a Council Decision amending Council Decisions 95/409/EC, 95/410/EC and 95/411/EC concerning the methods to be used for microbiological testing (97/C 202/09) (Text with EEA relevance) COM(97) 227 final - 97/0142(CNS)

(Submitted by the Commission on 23 May 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat (1), as last amended by Directive 95/23/EC (2), and in particular Article 5 (3) (a),

Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and exports from third countries of, poultry and hatching eggs (3), as amended by the Act of Accession of Austria, Finland and sweden, and in particular Article 10 (b) (1),

Having regard to Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (4), as last amended by Directive 96/23/EC (5), and in particular Article 5 (3) (a),

Whereas the Scientific Veterinary Committee in its report of 3 June 1996 has given an opinion concerning microbiological testing methods offering equivalent guarantees;

Whereas it is appropriate to modify Decisions 95/409/EC, 95/410/EC and 95/411/EC in order to introduce the possibility of using a microbiological method offering equivalent guarantees as the one which is provided for;

Whereas for the authorization of new methods offering equivalent guarantees, it is appropriate to provide for a procedure of close cooperation between the Commission and the Member States as foreseen in Article 16 of Council Directive 64/433/EEC (6) on health conditions for the production and marketing of fresh meat, as last amended by the Act of Accession of Austria, Finland and Sweden, or in Article 32 of Council Directive 90/539/EEC (7), on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs, as last amended by the Act of Accession of Austria, Finland and Sweden, or in Article 21 of Council Directive 71/118/EEC (8) on health problems affecting trade in fresh poultrymeat, as last amended by the Act of Accession of Austria, Finland and Sweden;

Whereas the methods described in this Decision take into account the opinion of the Scientific Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

Section C of the Annex to Decision 95/409/EC is replaced by the following:

'MICROBIOLOGICAL METHOD FOR THE EXAMINATION OF THE SAMPLES

- Microbiological testing of the samples for salmonella should be carried out to the standard of the International Organization for Standardization ISO 6579:1993 or revised editions, or by the method described by the Nordic Committee on Food Analysis (NMKL method No 71, fourth edition, 1991) or revised editions. However, methods offering equivalent guarantees may be authorized in accordance with the procedure laid down in Article 16 of Directive 64/433/EEC.

- Where the results of analysis are contested between Member States, the standard of the International Organization for Standardization ISO 6579:1993 or revised editions should be regarded as the reference method.`

Article 2

In Annex A to Decision 95/410/EC, point 3 is replaced by the following

'3. Microbiological method for the examination of the samples

- Microbiological testing of the samples for salmonella should be carried out to the standard of the International Organization for Standardization ISO 6579:1993 or revised editions, or by the method described by the Nordic Committee on Food Analysis (NMKL method No 71 fourth edition, 1991) or revised editions. However, methods offering equivalent guarantees may be authorized in accordance with the procedure laid down in Article 32 of Directive 90/539/EEC.

- Where the results of analysis are contested between Member States, the standard of the International Organization for Standardization ISO 6579:1993 or revised editions should be regarded as the reference method.`

Article 3

Section C of the Annex to Decision 95/411/EC is replaced by the following:

'MICROBIOLOGICAL METHOD FOR THE EXAMINATION OF THE SAMPLES

- Microbiological testing of the samples for salmonella should be carried out to the standard of the International Organization for Standardization ISO 6579:1993 or revised editions, or by the method described by the Nordic Committee on Food Analysis (NMKL method No 71, fourth edition, 1991) or revised editions. However, methods offering equivalent guarantees may be authorized in accordance with the procedure laid down in Article 21 of Directive 71/118/EEC.

- Where the results of analysis are contested between Member States, the standard of the International Organization for Standardization ISO 6579:1993 or revised editions should be regarded as the reference method.`

Article 4

This Decision is addressed to the Member States.

(1) OJ No 121, 29. 7. 1964, p. 2012/64.

(2) OJ No L 243, 11. 10. 1995, p. 7.

(3) OJ No L 303, 31. 10. 1990, p. 6.

(4) OJ No L 55, 8. 3. 1971, p. 23.

(5) OJ No L 125, 23. 5. 1996, p. 10.

(6) OJ No 121, 29. 7. 1964, p. 2012/64.

(7) OJ No L 303, 31. 10. 1990, p. 6.

(8) OJ No L 55, 8. 3. 1971, p. 23.