ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (86) 405 
 
 
 
Vol. 1986/0 173 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), t his file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION O F THE EUROPEAN COMMUNITIES
C0MC86) 405 final
Brussels, 15 July 1986
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL  
concerning the review of the derogations provided for in Articles 16a
Lrective 71/118/EEC
ck S'.  v> r -J
r .  ^ >? ^  / '  ·"/
C0MC86) 405 final

C 0 f l  L/oi
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL  
concerning the review of the derogations provided for in Articles 16a  
and 14(2) of Directive 71/118/EEC
I. Council Directive 71/118/EEC on health problems affecting trade in fresh
1 2 poultrymeat ,  as last amended by Regulation (EEC) No 3768/85 ,  provides:
in Article 16a that, as regards fresh poultrymeat obtained and marketed  
in their territory, Member States may grant a derogation from the  
provisions relating to slaughter and evisceration laid down in Annex I,  
Chapter V for the production of partially eviscerated or non-eviscerated  
poultry.
This Article also provides that the Council, when reviewing the  
derogation, is to examine the conditions under which the said meat may 
be admitted to intra-Community trade;
in Article 14(2) that, as regards carcases obtained and intended for  
marketing in their territory, Member States may grant to undertakings,  
on request, derogations from Article 14(1) which prohibits "the chilling  
of fresh poultrymeat by means of immersion in water, unless it is  
effected in accordance with the conditions laid down in points 28a and  
28b of Chapter V of Annex 1 and the carcases thus chilled are  
immediately frozen or deep-frozen."
The Second subparagraph of Article 14(2) also provides that "Member  
States making use of the derogations provided for in the first  
subparagraph may not object to the introduction into their territory of  
poultrymeat obtained in other Member States under the same conditions."
OJ No L 55, 08.03.1971, p. 23 
2 OJ No L 362, 31.12.1985, .  8

-  2 -
in Article l§b that "Before 15 August 1986, the Council, acting by a
ii
qualified majority on a proposal from the Commission, shall review the  
derogations laid down in Article 14(b) and 16a(a). The review of these  
derogations ihall be carried out on the basis of a report from the  
Commission, Accompanied by proposals where appropriate, which shall  
take into account the conclusions of current scientific studies on the  
guarantees offered by this type of production."
A. Review of the derogation provided for in Article 16a for partially 
eviscerated or non-eviscerated poultry
Before the derogation can be reviewed and any relevant proposals drawn up  
by the Commission, certain studies must first be carried out to obtain  
information relating to:
the health inspection of poultry and
the microbiological status of partially eviscerated or non-eviscerated 
poultry.
(a) Health Inspection of Poultry
To ensure effective health inspections, the current version of Directive  
71/118/EEC lays down that all parts of the animal must be subjected to a  
health inspection immediately after slaughter. Complete evisceration is  
required for this purpose. Only by way of derogation may the Member  
States authorize the production and marketing within their territory of  
slaughtered poultry which has not been eviscerated or has only been  
partially eviscerated.
Studies are now being carried out in two Member States (Denmark and  
Germany) as a result of the discussions held within the Council on a  
Commission proposal for an amendment of the provisions governing the  
post-mortem inspection of poultry (OJ No C 97 of 29 April 1981) and the  
conclusions of a study carried out by the Scientific Veterinary Committee  
into the possibility of introducing, in the light of technological  
progress, new guidelines for the health inspection of poultry (COM (84)
312 final of 6 June 1984).

- 3 -
The purpose of these studies is to ascertain how far the new system  
proposed by the Scientific Veterinary Committee for the health inspectior  
of poultry could be put into practice. The tests are also intended to  
provide certain other technical data. The proposed new inspection system  
would attach greater importance to the ante-mortem inspection at the farm  
of origin. Provision is also made, subject to certain conditions, for a  
simplified post-mortem inspection which would not entail the complete  
inspection of individual birds, as provided for in the present Directive.
Depending on the outcome of the current tests, it may prove appropriate or  
even necessary to continue the tests in the other Member States, in order  
that the studies should cover a diversity of health and structural  
circumstances.
b) Microbiological status of partially eviscerated or non-eviscerated  
poultry
Depending on the outcome of the abovementioned tests, the Commission  
plans to have studies carried out into the microbiological status of  
partially eviscerated or non-eviscerated poultry.
B.  Review of the derogations provided for in Article 14(2) (freezing of meat  
which has been chilled by immersion in water)
In 1978, to obtain information for an assessment of whether the immersion  
chilling process allowed under Directive 71/118/EEC could also be used for  
carcases intended for marketing in the chilled state, the Commission had a  
comparative study carried out at Community level into the microbiological  
status and shelf life of, on the one hand, poultry carcases chilled by the  
immersion procedure and, on the other hand, carcases which had been  
air-chilled (see document "Microbiology and shelf life of chilled poultry  
carcases", No 61, December 1978 - Information on Agriculture).

- 4 -
The main conclusion of that study was that chilling by immersion in water,  
if carried out in accordance with the provisions of the abovementioned  
Directive, could be used for carcases which were not immediately frozen or  
deep-frozen and which were therefore intended for marketing in the chilled  
state.
To settle this matter, a report and a proposal for an amendment to the  
Directive were forwarded to the Council in 1979 (COM (79) 37 final of  
9 February 1979).
The Commission considers that the conclusion drawn by the said study is  
still valid*
II. This communication from the Commission constitutes an interim report.
Once the current studies have been finalized, the Commission will submit a  
report to the Council, together with any appropriate proposals.