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
Date: 1997-05-22
Institutions: European Commission
Subjects: Finland, Sweden, fresh meat, health control, poultrymeat

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  22.05.1997 
COM(97) 227 final 

97/ 0142  (CNS) 

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 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Following the accession  of Austria, Finland and Sweden and in the context of the file 
concerning  the  protection  against  salmonella,  additional  guarantees  were  defined  by 
the  Council  for  consignments  of  fresh  beef  and  veal  and  pigmcal,  of  poultry  for 
slaughter  and  of  poultrymcat  intended  for  Finland  and  Sweden.  The  respective 
Council  Decisions  95/409/ECO,  95/410/EO2)  and  95/411/EC<3)  provide  for  the 
standard  method  "ISO  6579:1993"  from 
the  International  Organisation  for 
Standardisation  to  be  used  as  microbiological  testing  method  for  the  presence  of 
salmonella in the samples. 

Following the  opinion  of the  Scientific  Veterinary  Committee, the method  described 
by the Nordic Committee  on Food Analysis ("NMKL  method") can be considered  as 
equivalent to the "ISO method". 

This proposal provides for the possibility to use the "NMKL method" as an alternative 
method.  In  case  of  conflicting  results  between  Member  States,  the  "ISO-method" 
should be used. 

This Decision has no impact on the Community budget. 

Although  not provided  for,  the Council  is invited to consult the  European  Parliament 
on this proposal. 

(,)OJN°L243,  11.10.1995, p. 21. 
(2)OJN°L243,  11.10.1995, p. 25. 
(3>OJN°L243,  11.10.1995, p. 29. 

d 

PROPOSAL FOR A 

COUNCIL DECISION 

of 

amending Council Decisions 95/409/EC, 95/410/EC and 95/411/EC 

concerning the methods to be used for microbiological testing 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to the proposal from the Commission1, 

Having regard to the Opinion of the European Parliament2, 

Having regard to Council  Directive 64/433/EECof 26 June  1964 on health conditions 
for the production  and  marketing of fresh  meat3, as amended by Directive 95/23/EC4, 
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  eggs5, as amended  by the Act of Accession  of Austria,  Finland 
and Sweden, and in particular Article  10b, (1), 

Having  regard  to  Council  Directive  71/118/EEC  of  15  February  1971  on  health 
problems  affecting  trade  in  fresh  poultrymeat6,  as amended  by  Directive  96/23/EC7, 
and in particular article 5, 3 (a), 

Whereas the Scientific  Veterinary  Committee in its report  of 03 June  1996 has given 
an  opinion  concerning  microbiological 
testing  methods  offering  equivalent 
guarantees; 

, 

,p. 
, p. 

'OJN°C 
2OJ N° C 
3OJ N° L  121, 29. 7.  1964, p. 2012/64 
4OJN°L243,  11.10.1995, p. 7 
5OJN°L303,31.  10. 1990, p. 6 
6OJN°L55,  8.3.1971, p. 23 
7OJN°L  125,23.5.1996, p. 10 

3 

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

Whereas  for  the  authorisation  of  new  methods  offering  equivalent  guarantees,  it  is 
appropriate  to provide  for a procedure of close co-operation  between the Commission 
and the Member States as foreseen  in Article  16 of Council  Directive 64/433/EEC on 
health conditions for the production and marketing of fresh  meat8, as last amended by 
the  Act  of  Accession  of  Austria,  Finland  and  Sweden,  or  in  Article  32  of  Council 
directive  90/539/EEC  on  animal  health  conditions  governing  intra-Community  trade 
in, and imports from third countries of, poultry and hatching eggs9, as last amended by 
the  Act  of  Accession  of  Austria,  Finland  and  Sweden,  or  in  Article  21  of  Council 
Directive  71/118/EEC  on  health  problems  affecting  trade  in  fresh  poultry meat10,  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 of 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  Organisation  for  Standardisation  ISO 
6579:  1993  or  revised  editions,  or  by  the  method  described  by  the  Nordic 
Committee  on  Food  Analysis  (NMKL  method  n°  71, 4m  edition,  1991)  or 
revised  editions.  However,  methods  offering  equivalent  guarantees  may  be 
authorised  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  Organisation  for  Standardisation  ISO 6579 : 1993 
or revised editions should be regarded as the reference  method." 

8OJ N° L  121, 29.7.1964, p. 2012/64 
9OJN°L  303, 31.10.1990, p. 6 
1 0OJN°L  55, 8.3.1971, p. 23 

4 

Article 2 

In Annex A of Decision 95/410/EC point 3 is replaced by the following point: 

"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  Organisation  for  Standardisation  ISO 
6579 : 1993  or  revised  editions,  or  by  the  method  described  by  the  Nordic 
Committee  on  Food  Analysis  (NMKL  method  n°  71, 4m  edition,  1991)  or 
revised  editions.  However,  methods  offering  equivalent  guarantees  may  be 
authorised  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  Organisation for  Standardisation ISO 6579 : 1993 
or revised editions should be regarded as the reference method." 

Article 3 

Section C of the Annex of 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  Organisation  for  Standardisation  ISO 
6579:  1993  or  revised  editions,  or  by  the  method  described  by  the  Nordic 
Committee  on  Food  Analysis  (NMKL  method  n°  71, 4m  edition,  1991)  or 
revised  editions.  However,  methods  offering  equivalent  guarantees  may  be 
authorised  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  Organisation for  Standardisation ISO 6579 : 1993 
or revised editions should be regarded as the reference  method." 

This Decision is addressed to the Member States. 

Article 4 

Done at Brussels 

For the Council 
The President 

.S" 

ISSN 0254-1475 

COM(97) 227 final 

DOCUMENTS 

EN 

15  03  05 

Catalogue  number  :  CB-CO-97-221-EN-C 

ISBN  92-78-19756-4 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

£