No L 15/28 Official Journal of the European Communities 19. 1. 78 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 13 December 1977 supplementing, as regards the chilling process, Directive 71/118/EEC on health problems affecting trade in fresh poultrymeat (78/50/EEC) | THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the the Treaty establishing the Euro- pean 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 Parlia- ment (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas Article 14 of Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (), as last amended by Directive 75/431/EEC (%), stipulates that the Member States shall prohibit the use of the process for chilling poultry referred to in the said Article; Whereas such prohibition will not be binding until 18 months after the Commission has submitted a report on chilling processes which are not covered by the prohibition or until 1 January 1978 at the latest; Whereas the Commission, after consulting the Member States within the Standing Veterinary Committee, submitted to the Council a report laying down the conditions governing plant, operation and control which the process of chilling by immersion in water must meet in order not to be considered as falling within the scope of the said prohibition ; ) OJ No C 293, 13. 12. 1976, p. 70. ) O] No C 56, 7. 3. 1977, p. 88. ) O] No L 55, 8. 3. 1971, p. 23. ) OJ No L 192, 24. 7. 1975, p. 6. whereas this Directive 1s based on the conclusions of that report, HAS ADOPTED THIS DIRECTIVE : Article 1 Article 14 of Directive 71/118/EEC shall be replaced by the following text: ‘Article 14 1. As from 15 February 1979 Member States shall prohibit 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 I and the carcases thus chilled are immediately frozen or deep-frozen. 2. However, in the case of carcases obtained and intended for marketing in their territory, Member States shall be authorized to grant, on request, to undertakings carrying on their activity in their territory on 1 January 1978 derogations from the requirements of paragraph 1. Such dero- gations may not extend beyond 15 August 1982. Member States making use of the derogations provided for in the first paragraph may not object to the introduction into their territory of poultry- meat obtained in another Member State under the same conditions.