COMMISSION DECISION of 8 May 1995 establishing, as regards salmonella,  additional guarantees for consignments to Finland and Sweden of certain types of eggs intended for  human consumption (95/168/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/118/EEC of 17 December 1992 laying down animal health and  public health requirements governing trade in and imports into the Community of products not  subject to the said requirements laid down in specific Community rules referred to in Annex A (1)  to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC  (1), as last amended by  the Act of Accession of Austria, Finland and Sweden, and in particular Annex II, Chapter 2, first  indent,
Whereas by Decisions 94/968/EC  (2) and 95/50/EC  (3), the Commission approved the operational  programmes for the control of salmonella presented by Finland and Sweden; whereas these programmes  contain specific measures for eggs of laying hens intended for direct human consumption;
Whereas Finland has given an undertaking that packing centres will accept only those eggs which  originate from flocks of laying hens subjected to regular salmonella checks; whereas Sweden has  provided for salmonella checks on all the flocks of laying hens whose eggs are placed on the  market;
Whereas additional guarantees equivalent to those which Finland and Sweden implement under their  operational programmes should be established;
Whereas packing centres should therefore provide a guarantee that eggs intended for Finland and  Sweden originate from flocks of laying hens which have been subjected to a microbiological test by  sampling;
Whereas the rules relating to such microbiological tests by sampling should be drawn up laying down  the sampling method, the number of samples to be taken and the microbiological method to be used  for examining the samples;
Whereas account should be taken of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain  marketing standards for eggs  (4), as last amended by Regulation (EC) No 3117/94  (5), Commission  Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation  (EEC) No 1907/90 on certain marketing standards for eggs  (6), as last amended by Regulation (EC)  No 3239/94  (7), and Council Decision 94/371/EC of 20 June 1994 laying down specific public health  conditions for the putting on the market of certain types of eggs  (8);
Whereas Finland and Sweden must apply import requirements for consignments originating from third  countries at least as stringent as those laid down in this Decision;
Whereas the measures provided for in this Decision are in accordance with the opinion of the  Standing Veterinary Committee,
1.  For the purposes of this Decision, the definitions given in  Regulations (EEC) No 1907/90 and (EEC) No 1274/91 shall apply.
2.  However, for the purposes of this Decision, 'eggs` means hen eggs intended for human  consumption and falling within the following categories:
-  Grade 'A` eggs,
-  Grade 'B` eggs.
3.  This Decision shall not apply to eggs intended for the production of egg products or delivered  to food industry undertakings approved in accordance with Council Directive 89/437/EEC  (1),  provided that packs containing them are clearly marked to show such destination.
1.  Packing centres shall provide a guarantee that eggs intended for Finland and Sweden  originate from flocks of laying hens which have been subjected to a microbiological test by  sampling carried out in accordance with the provisions set out in Annex I.
2.  For the purposes of the guarantee referred to in paragraph 1, the eggs must be accompanied by a  certificate as set out in Annex II.
The additional guarantees provided for in this Decision shall not apply to eggs  originating in an establishment subject to a programme recognized, in accordance with the procedure  laid down in Article 18 of Directive 92/118/EEC, as equivalent to that implemented by Finland and  Sweden.
This Decision will be reviewed before 31 December 1996. The review will be based on a  report, prepared by Finland and Sweden, on the experience gained, to be presented before 30  September 1996.
This Decision is addressed to the Member States.