S.L. 437.58 Art. 15Official samples.

(1) Official samples must be taken in accordance with

Schedules III and IV in order to be examined in approved laboratories. The detailed rules for the taking of official samples and the routine and reference methods to be employed for the analysis of such official samples shall be specified in accordance with the procedure laid down in Article 33 of Council Directive 96/23/EC of 29 April 1996. Whenever an authorization is issued for the placing on the market of a veterinary medicinal product intended for administration to a species the meat or product of which is intended for human consumption, the competent authorities shall forward the routine analysis methods as laid down in Article 5, second subparagraph, point 8 of Directive 81/851/EEC and Article 7 of Regulation (EEC) No 2377/90 to the Community and national reference laboratories for detection of residues.

(2) For Group A substances, all positive findings recorded following the application of a routine method instead of a reference method must be confirmed by an approved laboratory using the reference methods laid down in accordance with sub-rule (1). For all substances, if challenged on the basis of a contradictory analysis, those results must be confirmed by the national reference laboratory designated in accordance with rule 14(1) for the substance or residue in question. Such confirmation must be carried out at the plaintiff’s cost in the event of confirmation.

(3) Where examination of an official sample reveals illegal treatment, rules 16 to 19 shall apply, together with the measures laid down in Chapter V. Where the examination reveals the presence of residues of authorized substances or contaminants exceeding the levels set by Community rules or, pending such legislation, the levels set by national legislation, rules 18 and 19 shall apply. Where the examination referred to in this sub-rule covers animals or products of animal origin from another Member State, the competent authority of the Member State of origin shall apply rules 16(2), 17, 18 and 19 and the measures provided for in Chapter V to the farm or establishment of origin or departure, following the reasoned request of the competent authority having carried out the examination. Where the examination covers products or animals imported from a third country, the competent authority having carried out that examination shall refer the matter to the Commission, which shall take the measures provided for in rule 30.