14.10.2006 Official Journal of the European Union L 283/59 COMMISSION DECISION of 13 October 2006 prohibiting the placing on the market of curd cheese manufactured in a dairy establishment in the United Kingdom (notified under document number C(2006) 4877) (Text with EEA relevance) (2006/694/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(a) thereof, Whereas: (1) Under Article 53(1) of Regulation (EC) No 178/2002, where a food is likely to constitute a serious risk to human health and that risk cannot be contained satisfac- torily by means of measures taken by the Member States concerned the Commission is to suspend the placing on the market or use of that food and adopt any other appropriate interim measure. (2)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (%) lays down general rules for food business operators on the hygiene of foodstuffs. Regulation (EC) No 853/2004 of the European Parliament and of the Council () lays down specific hygiene rules for food of animal origin. It specifies the rules applicable to the raw materials that may be placed on the market and therefore used in the manufacture of dairy products. For the purpose of those rules, dairy products are processed products derived from the processing of raw milk or from the further processing of such processed products. (3) Section IX, Chapter I, Part III, point 4 of Annex III to Regulation (EC) No 853/2004 lays down the conditions (") OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (O] L 100, 8.4.2006, p. 3). (® OJ L 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004, p. 3. () OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22. to be complied with when producing and placing raw milk on the market. Under those provisions, food business operators in the dairy sector are not allowed to place on the market raw milk containing levels of antibiotic residues exceeding those laid down in Annexes I and Il to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (). (40 Milk which does not meet those standards must be disposed of as an animal by-product of Category 2 as laid down in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by- products not intended for human consumption (3). (5)  In order to comply with those requirements, food business operators in the dairy sector carry out rapid screening tests on milk before placing it on the market. Those tests are aimed at determining the presence of antibiotic residues and have been designed to provide positive results when such residues are close to the maximum residue limit, but do not quantify the actual level of residues present. Under those circumstances, only a test identifying and quantifying the antibiotic residues can demonstrate that the maximum residue limit is not exceeded. If such a confirmatory test is not carried out, milk showing a positive result of a screening test is deemed to be unsafe. (6)  During an inspection mission carried out in the United Kingdom by the Food and Veterinary Office (FVO) of the Commission from 31 May to 13 June 2006, evidence was repeatedly received that raw milk not complying with the hygiene requirements was placed on the market and dispatched to an approved food esta- blishment preparing dairy products intended for human consumption. () O] L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 12312006 (O] L 225, 17.8.2006, p. 3). () OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 208/2006 (O] L 36, 8.2.2006, p. 25).