CELEX: 51991PC0425
Language: en
Date: 1991-11-11
Title: Amendment to the proposal for a COUNCIL REGULATION ( EEC ) adopting health rules for the production and placing on the market of heat-treated drinking milk

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                 COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(ai) 425 final
                                                         Brussels, 11 November 1991
                                     Amendment to the proposal for a
                                         COUNCIL REGULATION (EEC)
                    adopting health rules for the production and placing on the market
                                       of heat-treated drinking milk
                         (presented by the Commission pursuant to Article 149(3)
                                            of the EEC-Treaty)
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                               EXPLANATORY MEMORANDUM
On   22 March  1990 the Commission   submitted  to the Council  a proposal  for a
Regulation   (EEC) adopting health rules for the production and placing on the
market of heat-treated drinking milk.1
As   a  result  of  the  opinion  delivered  by  the  European Parliament  at  its
                                2
part-session of 11 June 1991,     the Commission has decided,  in compliance with
Article 149(3) of the Treaty, to amend its original proposal.
   1    0J No C 84, 2.4.1990, p. 130.
   2   0J No C
 ---pagebreak---                                       -Ab+o -
             amendment of a proposal for a Council Regulation (EEC)
       adopting health rules for the production and placing on the market
                          of heat-treated drinking milk
            (presented by the Commission pursuant to Article 149(3)
                               of the EEC-Treaty)
On 22 March 1990 the Commission submitted the aforementioned proposal     to the
Council. As a result of the opinion of the European Parliament delivered at its
part-session of 11 June 1991, the initial proposal is hereby amended as follows: 5
1.    The following recital is added:
      "whereas the Commission has decided to submit to the Council, as soon as
      possible and preferably before the end of 1991, a framework directive of
      general application on food hygiene and safety;"
2.    The following paragraph is added to Article 1:
      "drinking milk for sale in the Community must comply with the requirements
      of  this  Regulation,  and  horizontal legislation on  products  of animal
      origin and food   labelling. These rules are without  prejudice to future
      horizontal  legislation with regard to food hygiene which may define and
      supplement them."
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3. Article 2(3) is replaced by the following:
   "3. "heat-treated drinking milk" means drinking milk intended for sale to
       the final consumer and to institutions, obtained by heat treatment and
       presented   in the  form of  pasteurized, UHT or    sterilized milk  as
       defined in Annex B, Chapter VI(4), (6) and (7) and milk treated by the
       process of pasteurization for bulk supply;"
   -   Article 2(4) is replaced by the following:
   "4. "competent authority" means the authority or body designated by the
       Member State concerned;"
4. Article 3(1)(a) is replaced by the following:
   "(a)   which complies with Regulation (EEC) No.1411/71;"
   Article 3(1)(g) is replaced by the following:
   "(g) which, if appropriate, has been channelled through a milk-collection
        centre fulfilling the conditions laid down in Annex B, Chapters I,
         III and V, or transferred between tankers under conditions which meet
        good hygiene and distribution practice;"
5. Article 9(2) is replaced by the following:
   "2. Tankers used for milk must bear a clear indication that they may be
       used only for the transport of foodstuffs."
 ---pagebreak---                                         - 3 -
   Article 9(3) is replaced by the following:
   "3. Where    establishments     produce  foodstuffs     containing    milk   or   milk
       products together with other ingredients which have not undergone heat
       treatment or another means of preservation, the milk and              ingredients
       should    be   stored   separately   to    prevent   cross-contamination,      and
       treated or processed in premises suitable for the purpose."
6. The first subparagraph of Article 10(1) Is replaced by the following:
   "1. Veterinary    and other competent     experts from the Commission may make
       on-the-spot checks     in so far as it is necessary for ensuring uniform
       application     of  this   Regulation;   they   may,   In  particular,    verifiy
       whether    establishments are actually       complying   with  this Regulation.
       The Commission     shall   inform the Member States of the results of the
        inspect ions."
7. Point 2 of Annex A, Chapter III is replaced by the following:
   "2. Immediately    after milking, the milk must be placed          in a clean place
       which   is so equipped     as to avoid adverse effects on        the milk. Milk
       must   be chilled    to a temperature of not more         than 6"C   within   four
       hours   of   milking,    and  should   not   exceed   this   temperature    during
       transportât ion."
   Point 5 of Annex A, Chapter III is replaced by the following:
   "5. Where chemicals are used for the disinfection operations laid down in
       point 4, such chemicals must have been approved             for that purpose by
       the competent authority and must be washed off."
 ---pagebreak---                                           - 4 -
8.    The second and third sub-paragraphs of Annex A, Chapter           IV, point 1, are
      replaced by the following:
      "Compliance with the standards must be checked either by means of random
      samples   taken during   collection at     the farm, or when      the raw milk   is
      admitted   to the treatment     establishment, or at      the milk collection or
      standardization centre.
      Plate count
      30*C (per ml)                                 100 000(1)
      Somatic cell count (per ml)                   500 000(2)
      Antibiotics (per ml)
      - peniciI I In                                 < 0.004 ug
      - other                                       undetectable
      (1) Geometric    average   recorded   over  a   period  of   two months, with    at
           least two samples a month.
      (2) Geometric average recorded over a period of         six months, with at least
          one sample a month.
When  the  maximum   standards    are  exceeded   and   when  subsequent    investigation
indicates a potential     danger   to health, the competent      authorities shall   take
appropriate measures."
9.    Point b in Annex B, Chapter II, is replaced by the following:
      "(b) equipment for the cooling and cold storage of heat-treated milk and,
            in the cases provided for      in Chapters III, IV and VI (1), raw milk.
            Cold    stores    must     be    equipped    with     correctly    calibrated
            temperature-measur i ng apparatus."
 ---pagebreak---                                        -5 -
10. Point 4 of Annex B, Chapter VI is replaced by the following:
    "4. Pasteurized milk must     have been obtained    by means of a treatment
         involving a high temperature for a short time (at        least 71.7'C for
        15 seconds or any equivalent combination) or a pasteurization process
        using   different  time   and   temperature  combinations   to  achieve  an
        equivalent effect."
    Point 5B(b) of Annex B, Chapter VI is replaced by the following:
    "(b) Absence of antibiotic residues detectable by official methods."
    Point 11 of Annex B, Chapter VI is replaced by the following:
    "11. Heating   processes,   the   temperatures  and  duration   of  heating  in
          respect of pasteurized, sterilized and UHT milk, the types of heating
          equipment,  the flow-diversion valve and      the  types of   temperature
          controlling and recording devices shall be approved or authorized by
          the competent central authorities of the Member States according to
          Community or international standards."
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 425 final
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