Proposal for a COUNCIL DIRECTIVE amending the Annex to Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs
Date: 1996-10-18
Institutions: European Commission
Subjects: health control, health risk, live animal, marketing, mollusc

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  18.10.1996 
COM(%) 506 final 

Proposal  for a 

COUNCIL  DTRECTTVF 

amending  the Annex  to Directive  91/492/EEC 

laying  down the health  conditions  for the production  and the placing 

on the market of live  bivalve  molluscs 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

The Community  adopted  health  rules governing  the production  and placing  on the market of 
live  bivalve  molluscs  in July  1991  (Directive  91/492/EEC).  At the  time, two  marine  biotoxins 
posed a health risk in Community waters: PSP and DSP. Directive  91/492/EEC made provision 
for the  monitoring  of  harvesting  areas  and  checks  on  bivalve  molluscs  for these  toxins. 

A  new  type  of  toxin,  ASP,  has  appeared  in  recent  years  and  has  been  responsible  for 
significant  food  poisoning  in Canada.  Neurological  disturbances  in the brain have  resulted  in 
the deaths of a number  of consumers.  Low levels of the toxin were recently found in molluscs 
in  various  Member  States.  The  danger  that  this  toxin  might  develop  in  bivalve  molluscs 
harvested  in the  Community  to  levels  injurious  to consumer  health  cannot  be ignored.  The 
need  to  check  both  Community  production  and  imports  means  that  the  Annex  to  Directive 
91/492/EEC  must  be amended  so that  the  maximum  permitted  level  of this  toxin  in  bivalve 
molluscs  is included  in it. 

This amendment  will ensure the highest  level of public health protection  and will take account 
of the latest information  on marine biotoxins.  It is a simple technical  adjustment  to improve the 
application  of  the  Community  legislation,  in  particular  the  measures  ensuring  the  free 
movement  of foodstuffs  of  animal origin. 

ot 

PROPOSAL  FOR A COUNCIL  DIRECTIVE 

of 

amending the Annex  to  Directive  91/492/EEC 

laying down the  health conditions  for the production  and the  placing 

on the market  of live bivalve  molluscs 

THE  COUNCIL  OF THE  EUROPEAN UNION, 

Having  regard  to the Treaty  establishing  the  European  Community, 

Having  regard  to  Council  Directive  91/492/EEC  of  15  July  1991  laying  down  the  health 
conditions  for  the  production  and  placing  on  the  market  of  live  bivalve -moHuscs(1),  and  in 

particular  Article  11 thereof, 

Having  regard  to the  proposal  from  the Commission, 

Whereas  Chapter V of the Annex to Directive  91/492/EEC  sets the acceptable  iirnits for two 

types  of  marine  toxin that  constitute  a danger  to  public health; 

Whereas  there  is scientific  evidence  that  a new marine  toxin  "Amnesic  Shellfish  Poisoning' 

(ASP)  that  could  endanger  consumer  health  has  appeared  in  the  areas  where  bivalve 

molluscs  are  produced; 

Whereas  the  requirements  concerning  live  bivalve  molluscs  in  Chapter  V  of  the  Annex  to 

Directive  91/492/EEC  must  be adjusted to take  account  of the  new marine toxin; 

Whereas  to  protect  public  health an acceptable  limit  must  be set for this new  marine  toxin, 

HAS ADOPTED  THIS  DIRECTIVE: 

0  OJ  No L 268, 24. 9.1991,  p.  1. 

3 

Article  1 

The Annex  to  Directive  91/492/EEC  is amended  as follows: 

The following  point  7a is added  to Chapter  V: 

"7a  The  total  Amnesic  Shellfish  Poison  (ASP)  content  in the  edible  parts  of  molluscs  (the 

entire  body  or any part edible  separately)  must not exceed 20 milligrams  of domoic acid 

per  gramme  using  the  HPLC method." 

Article 2 

1. 

The  Member  States  shall  bring  into  force  the  laws,  regulations jaad  administrative 

provisions  needed to comply with this Directive before  1  January  1997. They shall inform 

the  Commission  thereof. 

The provisions  adopted  by the Member States shall contain a reference  to this  Directive 

or  shall  be  accompanied  by  such  reference  at the  time of their  official  publication.  The 

methods  of  making  such  a reference  shall  be laid down  by the  Member  States. 

2. 

The  Member  States  shall  send  the  Commission  the  text  of  the  main  provisions  of 

domestic  law which they  adopt  in the  subject  area  covered  by this  Directive. 

Article  3 

This  Directive  shall  enter  into  force  on the day  of  its publication  in the  Official  Journal  of the 

European  Communities. 

<v 

Article 4 

This  Directive  is addressed  to the Member States. 

Done at  Brussels, 

For the Council 

The  President 

ISSN 0254-1475 

COM(96) 506  final 

DOCUMENTS 

EN 

03  05  10 

Catalogue number  : CB-CO-96-508-EN-C 

ISBN 92-78-09992-9 

Office  for Official  Publications of the European Communities 

L-2985  Luxembourg 

t