24. 8. 85 Official Journal of the European Communities No L 226/13 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 5 August 1985 on health and animal-health problems affecting intra-Community trade in heat-treated milk (85/397/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ('), Having regard to the opinion of the Economic and Social Committee (%), Whereas, so long as intra-Community trade is hindered by differences between the health require- ments of Member States concerning milk, the harmo- nious functioning of the common market and in parti- cular of the relevant common organization of markets will not have the desired effect; Whereas, to eliminate such differences, the health provisions of the Member States must be approxi- mated ; ' Whereas, in view of the magnitude of the dairy sector and the diversity of the problems to be resolved, initial action should be limited to the fixing of standards to apply to heat-treated milk provisionally excluding other products derived from milk except, by way of derogation and in view of the special use made of that () OJ No C 36, 12. 4. 1972, p. 12. () OJ No C 4, 20. 1. 1972, p. 5. product, concentrated pasteurized milk delivered in tankers ; Whereas the milk must come from cattle which are free from diseases which are dangerous to human health ; whereas account should nevertheless be taken of the differences which still persist between Member States as regards the state of health of their cattle; Whereas production holdings must themselves be equipped in such a way as to ensure that cattle are - kept and milk is obtained under hygienically satisfac- tory conditions ; whereas provision should be made for the preparation of a code of hygiene laying down those conditions ; Whereas it is necessary to establish rules of hygiene regarding the collection and transport of milk to collection or standardization centres or treatment establishments, and to lay down the health require- ments for staff engaged in those operations; Whereas the untreated milk from each production holding must undergo periodic analysis or testing in order to ensure that it complies with the standards introduced ; whereas it must also be possible to carry out inspections, at holdings, of the hygiene of milk production and of the general state of health of dairy cattle ; whereas the arrangement for carrying out such inspections must be adopted at Community level ; Whereas the principle of sampling inspections for the presence of residues of substances likely to affect adversely the wholesomeness of milk should be adopted ;