96/77/EC: Commission Decision of 18 January 1996 establishing the conditions for the harvesting and processing of certain bivalve molluscs coming from areas where the paralytic shellfish poison level exceeds the limit laid down by Council Directive 91/492/EEC (Text with EEA relevance)

COMMISSION DECISION of 18 January 1996 establishing the conditions for the harvesting and processing of certain bivalve molluscs coming from areas where the paralytic shellfish poison level exceeds the limit laid down by Council Directive 91/492/EEC (Text with EEA relevance) (96/77/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/492/EEC of 15 July 1991 fixing the health conditions for the production and the placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Chapter V, point 8, last subparagraph of the Annex, thereof,
Whereas the level of 'paralytic shellfish poison` (PSP) of 80 ìg for 100 g laid down by directive 91/492/EEC for public health protection must not be exceeded in the bivalve molluscs intended for human consumption;
Whereas for the bivalve molluscs belonging to the species Acanthocardia tuberculatum, the scientific studies show that a suitable heat treatment can guarantee the the PSP toxin rate is reduced to a non-detectable level when the initial level of contamination does not exceed 300 ìg for 100 g;
Whereas the Scientific Veterinary Committee was consulted and gave a favourable opinion for the use of this heat treatment method, this type of toxin and this species of mollusc;
Whereas in the light of the opinion of the Scientific Veterinary Committee, it is important at the present time to envisage a PSP level higher than the limit laid down for the harvesting and a suitable heat treatment, only for the bivalve molluscs belonging to the species referred to above, under a specific decision limited to this objective;
Whereas the 'own health` check procedures defined in Commission Decision 94/356/EC of 20 May 1994 laying down detailed rules for the application of Council Directive 91/493/EEC as regard own health checks on fishery products (2) are in a position to ensure satisfactory application of the suitable heat treatment;
Whereas it up to the competent authorities of Member States to specifically authorize the establishments carrying out the treatment of these bivalve molluscs and to check the satisfactory application of the 'own health` checks procedures;
Whereas the measures provided for by this Decision are in accordance with the opinion of the Standing Veterinary Committee,