11. 6. 94 Official Journal of the European Communities No L 146/23 COMMISSION DECISION of 25 May 1994 amending Article 5 (9) of Council Directive 92/46/EEC with regard to the freezing point (94/330/EC) THE éOMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the produc- tion and placing on the market of raw milk, heat-treated milk and milk-based products ('), and in particular the second subparagraph of Article 5 (9) thereof, Whereas, pursuant to the second subparagraph of Article 5 (9) of Directive 92/46/EEC, a Member State has requested that the requirements set out in the first sub- paragraph of Article 5 (9) be re-examined, in particular with regard to the freezing point of heat-treated drinking milk ; Whereas, according to the statistical studies available, the value of the freezing point of cow’s milk measures imme- diately after milking may vary from one Member State to another in the light of the following: season, feed or breed of dairy cow, reproduction or lactation period, geographical or climatic factors; Whereas, provision should be made to allow the placing on the market of heat-treated cow’s milk, the freezing point of which, in certain circumstances, exceeds the value fixed in the first subparagraph of Article 5 (9) of Directive 92/46/EEC ; whereas this possibility should be limited, in order that all the necessary guarantees be provided, to cases where the results of the tests as () OJ No L 268, 14. 9. 1992, p. 1. provided for in Annex C, Chapter 1.A.3 (b) show that there is no extraneous water present; Whereas the other requirements of the first subparagraph of Article 5 (9) of Directive 92/46/EEC are still the subject of scientific and statistical studies ; 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 The following sentence is added to the first subparagraph of Article 5 (9) of Directive 92/46/EEC: ‘However, a freezing point higher than — 0,52°C shall be acceptable subject to the checks provided for in Annex C, Chapter 1.A.3 (b) showing that there is no extraneous water present’. Article 2 This Decision is addressed to the Member States. Done at Brussels, 25 May 1994. For the Commission René STEICHEN Member of the Commission