13.2.2009 Official Journal of the European Union L 42/13 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 18 December 2008 rejecting the proposal from the Commission for a Council Regulation implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the use of antimicrobial substances to remove surface contamination from poultry carcasses (Text with EEA relevance) (2009/121/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 202 thereof, Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (!), and in particular Article 3(2) thereof, Having regard to the proposal from the Commission for a Council Regulation implementing Regulation (EC) No 853/2004 as regards the use of antimicrobial substances to remove surface contamination from poultry carcasses, Having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implemen- ting powers conferred on the Commission (3), and in particular Article 5 thereof, Whereas: (1) Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. It provides that food business () O] L 139, 30.4.2004, p. 55. () OJ L 184, 17.7.1999, p. 23. operators are not to use any substance other than water to remove surface contamination from products of animal origin, unless the use of such substance has been approved in accordance with that Regulation. A high level of protection of human health should be assured in the pursuit of Community policies. Measures adopted by the Community governing food and feed must be based on an appropriate assessment of the possible risks for human and animal health and must, taking into account existing scientific evidence, maintain, or if scientifically justified, increase the level of protection of human and animal health ensured in the Community. High hygiene standards throughout the food production chain and avoidance or prohibition on the use of substances which can potentially mask poor hygiene practices are a key priority in the Community. In addition, a high level of protection of the environment should be ensured in the pursuit of Community policies, both by acts of environmental policy itself and by the integration of environmental policy requirements into the definition and implementation of other Community policies and activities. The Commission proposal underlines that several antimi- crobial substances such as chlorine dioxide, acidified sodium chlorite, trisodium phosphate or peroxyacids that are used to remove surface contamination from poultry carcasses can pose a risk to the aquatic environ- ment, the health of staff working in waste water systems and the operation and performance of sewerage systems andfor waste water treatment plants. The use of