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COMMISSION DECISION

of 27 October 1997

fixing the levels and frequencies of sampling provided for by Council Directive 96/23/EC for the monitoring of certain substances and residues thereof in certain animal products

(Text with EEA relevance)

(97/747/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directive 96/23/ECDirectives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (1), and in particular Article 6 (2) thereof,

Whereas Annex IV to fixes sampling levels and frequencies for live animals and certain products listed in Annex II and entrusts the Commission with the task of determining them for certain other animal products; Directive 96/23/EC

Whereas Council of 29 January 1985 on the financing of veterinary inspections and controls covered by Directive 85/73/EECDirectives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (2), as last amended by (Directive 96/43/EC3), has fixed in Annex B the fees intended to ensure that the controls on live animals and products of animal origin provided for in are carried out; Directive 96/23/EC

Whereas, in the light of the experience gained through the existing national measures and the information forwarded to the Commission under existing Community rules, sampling levels and frequencies should be fixed for the animal products not already mentioned in Annex IV to ; Directive 96/23/EC

Whereas the sampling levels and frequencies provided for in this Decision must be integrated into the residue monitoring plans not later than the update scheduled for 1999, to be submitted by the Member States before 31 March 1999;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

[F11.F1]The sampling levels and frequencies for the monitoring of certain substances and residues thereof in milk, eggs, rabbit meat and the meat of wild game and farmed game and honey are set out in the Annex to this Decision, which supplements the sampling levels and frequencies set out in Annex IV to Directive 96/23/EC.

[F22.In this Decision, “competent authority” has the meaning given in Article 3(3) of Regulation (EU) 2017/625.F2]

F3Article 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4Article 3

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Done at Brussels, 27 October 1997.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

CHAPTER 1MILK

1.Bovine milk

A.Sampling requirements

The sample size will depend on the analytical methods used.

B.Sampling level and frequency

The annual number of samples is 1 per 15 000 tonnes of the annual production of milk, with a minimum of 300 samples.

The following breakdown must be respected:

(a)

70 % of the samples must be examined for the presence of residues of veterinary drugs. In this case, each sample has to be tested for at least four different compounds from at least three groups among groups A 6, B 1, B 2 (a) and B 2 (e) of Annex I to the Directive.

(b)

15 % of the samples must be tested for the presence of residues designated in group B 3 of Annex I to Directive 96/23/EC.

(c)

The balance (15 %) must be allocated according to the situation of the [F6relevant constituent territory of Great BritainF6] .

2.Milk from other species (ovine, caprine, equine)

The number of samples for these species must be determined by each [F7competent authorityF7] according to the level of production and the problems identified. The milk from these species must be included in the sampling plan as additional samples to those taken for bovine milk.

CHAPTER 2EGGS

1.Hen eggs

A.Sampling requirements
B.Sampling level and frequency

The number of samples to be taken each year must be at least equal to 1 per 1 000 tonnes of the annual production of consumption eggs, with a minimum of 200 samples. The breakdown of samples may be decided by [F9the competent authority of the relevant constituent territory of Great BritainF9] according to the structure of its industry, particularly as regards levels of integration within it.

At least 30 % of samples must be collected from packing centres which represent the most significant proportion of eggs supplied for human consumption.

The following breakdown must be respected:

2.Eggs from other species of poultry

The number of samples for these species is to be determined by [F11the competent authorityF11] according to the level of production and the problems identified. The eggs from these species must be included in the sampling plan as additional samples to those taken for hen eggs.

CHAPTER 3RABBIT MEAT AND THE MEAT OF WILD GAME AND FARMED GAME

1.Rabbit meat

A.Sampling requirements

One sample consists of one or more animals from the same producer, according to the requirements of the analytical methods.

F13... Some additional samples of drinking water and feedingstuffs may be taken at farm level, for the control of illegal substances.

B.Sampling level and frequency

The number of samples to be taken each year must be equal to 10 per 300 tonnes of the annual production (dead weight) for the first 3 000 tonnes of production, and 1 sample for each additional 300 tonnes.

The following breakdown must be respected: (reference to Annex I to Directive 96/23/EC):

These figures will be reviewed within two years after the adoption of this Decision.

2.Farmed game

A.Sampling requirements

The sample size will depend on the analytical method used.

The samples must be taken at the processing unit level. It must be possible to trace the animals or their meat back to the farm of origin.

F13... Some additional samples of drinking water and feedingstuffs may be taken at farm level, for the control of illegal substances.

B.Sampling level and frequency

The number of samples to be taken each year must at least be equal to 100 samples.

The following breakdown must be respected:

The balance (10 %) will be allocated according to the experience of the [F14competent authorityF14] .

F15...

3.Wild game

A.Sampling requirements

The sample size will depend on the analytical method used.

The samples must be taken at the processing unit level or at the hunting place.

It must be possible to trace the animals back to the region where they were hunted.

B.Sampling level and frequency

The number of samples to be taken each year must at least be equal to 100 samples.

These samples must be taken to analyse residues of chemical elements.

F16...

CHAPTER 4HONEY

A.Sampling requirements

The sample size will depend on the analytical method used.

The samples can be taken at any point in the production chain, provided that it is possible to trace the honey back to the original producer.

B.Sampling level and frequency

The number of samples to be taken each year must at least equal to 10 per 300 tonnes of the annual production for the first 3 000 tonnes of production and one sample for each additional 300 tonnes.

The following breakdown must be respected:

The balance (10 %) must be allocated according to the experience of the [F17competent authorityF17] . In particular, consideration could be given to mycotoxins.

(1)

OJ L 125, 23. 5. 1996, p. 10.

(2)

OJ L 32, 5. 2. 1985, p. 14.

(3)

OJ L 162, 1. 7. 1996, p. 1.

(4)

OJ L 268, 24. 9. 1991, p. 41.

(1)

OJ L 125, 23. 5. 1996, p. 10.

(2)

OJ L 32, 5. 2. 1985, p. 14.

(3)

OJ L 162, 1. 7. 1996, p. 1.

(4)

OJ L 268, 24. 9. 1991, p. 41.

Status: There are currently no known outstanding effects by UK legislation for COMMISSION DECISION of 27 October 1997 fixing the levels and frequencies of sampling provided for by Council Directive 96/23/EC for the monitoring of certain substances and residues thereof in certain animal products (Text with EEA relevance) (97/747/EC).
COMMISSION DECISION (1997/747)

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footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Art 1 renumbered as Art. 1(1) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(2)(a)renumbered
F1Art 1 renumbered as Art. 1(1) (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(2)(a)renumbered
F2Art. 1(2) inserted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(2)(b)inserted
F2Art. 1(2) inserted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(2)(b)inserted
F3Art. 2 omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(3)omitted
F3Art. 2 omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(3)omitted
F4Art. 3 omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(3)omitted
F4Art. 3 omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(3)omitted
F5Words in Annex Ch. 1 point 1 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(a)(i)(aa)substituted
F6Words in Annex Ch. 1 point 1 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(a)(i)(bb)substituted
F7Words in Annex Ch. 1 point 2 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(a)(ii)substituted
F8Words in Annex Ch. 2 point 1.A substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(b)(i)substituted
F9Words in Annex Ch. 2 point 1.B substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(b)(ii)(aa)substituted
F10Words in Annex Ch. 2 point 1.B substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(b)(ii)(bb)substituted
F11Words in Annex Ch. 2 point 2 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(b)(iii)substituted
F12Words in Annex Ch. 3 point 1 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(c)(i)substituted
F13Words in Annex Ch. 3 points 1.A, 2.A omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(c)(ii)omitted
F14Words in Annex Ch. 3 point 2.B substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(c)(iii)(aa)substituted
F15Words in Annex Ch. 3 point 2.B omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(c)(iii)(bb)omitted
F16Words in Annex Ch. 3 point 3 omitted (16.11.2022) by virtue of The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(c)(iv)omitted
F17Words in Annex Ch. 4 substituted (16.11.2022) by The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022 (S.I. 2022/1090), regs. 1(1), 4(4)(d)substituted
Defined TermSection/ArticleIDScope of Application
competent authorityart. Article 1competent__rtuYfdg
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