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COM (86) 405
Vol. 1986/0173
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COMMISSION OF THE EUROPEAN COMMUNITIES
C0MC86) 405 final
Brussels, 15 July 1986
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
concerning the review of the derogations provided for in Articles 16a
Lrective 71/118/EEC
ck S'. v> r -Jr. ^ >? ^ / ' ·"/
C0MC86) 405 final
C 0 fl L/oi
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
concerning the review of the derogations provided for in Articles 16a
and 14(2) of Directive 71/118/EEC
I. Council Directive 71/118/EEC on health problems affecting trade in fresh
1 2 poultrymeat , as last amended by Regulation (EEC) No 3768/85 , provides:
in Article 16a that, as regards fresh poultrymeat obtained and marketed
in their territory, Member States may grant a derogation from the
provisions relating to slaughter and evisceration laid down in Annex I,
Chapter V for the production of partially eviscerated or non-eviscerated
poultry.
This Article also provides that the Council, when reviewing the
derogation, is to examine the conditions under which the said meat may
be admitted to intra-Community trade;
in Article 14(2) that, as regards carcases obtained and intended for
marketing in their territory, Member States may grant to undertakings,
on request, derogations from Article 14(1) which prohibits "the chilling
of fresh poultrymeat by means of immersion in water, unless it is
effected in accordance with the conditions laid down in points 28a and
28b of Chapter V of Annex 1 and the carcases thus chilled are
immediately frozen or deep-frozen."
The Second subparagraph of Article 14(2) also provides that "Member
States making use of the derogations provided for in the first
subparagraph may not object to the introduction into their territory of
poultrymeat obtained in other Member States under the same conditions."
OJ No L 55, 08.03.1971, p. 23
2 OJ No L 362, 31.12.1985, . 8
- 2 -
in Article l§b that "Before 15 August 1986, the Council, acting by a
iiqualified majority on a proposal from the Commission, shall review the
derogations laid down in Article 14(b) and 16a(a). The review of these
derogations ihall be carried out on the basis of a report from the
Commission, Accompanied by proposals where appropriate, which shall
take into account the conclusions of current scientific studies on the
guarantees offered by this type of production."
A. Review of the derogation provided for in Article 16a for partially
eviscerated or non-eviscerated poultry
Before the derogation can be reviewed and any relevant proposals drawn up
by the Commission, certain studies must first be carried out to obtain
information relating to:
the health inspection of poultry and
the microbiological status of partially eviscerated or non-eviscerated
poultry.
(a) Health Inspection of Poultry
To ensure effective health inspections, the current version of Directive
71/118/EEC lays down that all parts of the animal must be subjected to a
health inspection immediately after slaughter. Complete evisceration is
required for this purpose. Only by way of derogation may the Member
States authorize the production and marketing within their territory of
slaughtered poultry which has not been eviscerated or has only been
partially eviscerated.
Studies are now being carried out in two Member States (Denmark and
Germany) as a result of the discussions held within the Council on a
Commission proposal for an amendment of the provisions governing the
post-mortem inspection of poultry (OJ No C 97 of 29 April 1981) and the
conclusions of a study carried out by the Scientific Veterinary Committee
into the possibility of introducing, in the light of technological
progress, new guidelines for the health inspection of poultry (COM (84)
312 final of 6 June 1984).
- 3 -
The purpose of these studies is to ascertain how far the new system
proposed by the Scientific Veterinary Committee for the health inspectior
of poultry could be put into practice. The tests are also intended to
provide certain other technical data. The proposed new inspection system
would attach greater importance to the ante-mortem inspection at the farm
of origin. Provision is also made, subject to certain conditions, for a
simplified post-mortem inspection which would not entail the complete
inspection of individual birds, as provided for in the present Directive.
Depending on the outcome of the current tests, it may prove appropriate or
even necessary to continue the tests in the other Member States, in order
that the studies should cover a diversity of health and structural
circumstances.
b) Microbiological status of partially eviscerated or non-eviscerated
poultry
Depending on the outcome of the abovementioned tests, the Commission
plans to have studies carried out into the microbiological status of
partially eviscerated or non-eviscerated poultry.
B . Review of the derogations provided for in Article 14(2) (freezing of meat
which has been chilled by immersion in water)
In 1978, to obtain information for an assessment of whether the immersion
chilling process allowed under Directive 71/118/EEC could also be used for
carcases intended for marketing in the chilled state, the Commission had a
comparative study carried out at Community level into the microbiological
status and shelf life of, on the one hand, poultry carcases chilled by the
immersion procedure and, on the other hand, carcases which had been
air-chilled (see document "Microbiology and shelf life of chilled poultry
carcases", No 61, December 1978 - Information on Agriculture).
- 4 -
The main conclusion of that study was that chilling by immersion in water,
if carried out in accordance with the provisions of the abovementioned
Directive, could be used for carcases which were not immediately frozen or
deep-frozen and which were therefore intended for marketing in the chilled
state.
To settle this matter, a report and a proposal for an amendment to the
Directive were forwarded to the Council in 1979 (COM (79) 37 final of
9 February 1979).
The Commission considers that the conclusion drawn by the said study is
still valid*
II. This communication from the Commission constitutes an interim report.
Once the current studies have been finalized, the Commission will submit a
report to the Council, together with any appropriate proposals.
Full & Egal Universal Law Academy