COUNCIL DIRECTIVE of 21 December 1976 on health problems affecting intra-Community trade in meat products (77/99/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European 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 Parliament (1),
Whereas, since the establishment of the common organization of the markets, meat products may move freely within the Community ; whereas, however, intra-Community trade in these products is curbed by the existence of different health requirements in this sector in the various Member States ; whereas, in order to remove such disparities, it is necessary to substitute common provisions for these national requirements;
Whereas, in order to guarantee the quality of the products in question from the health point of view, it is necessary to use, in their manufacture, only that fresh meat obtained in accordance with the Community standards laid down in Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (2), as last amended by Directive 75/379/EEC (3), Council Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultrymeat (4), as last amended by Directive 75/379/EEC, and also Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (5), as last amended by Directive 75/379/EEC ; whereas meat products must be manufactured, stored and transported in conditions offering every guarantee as regards health ; whereas the need for manufacturing and processing establishments to obtain approval is likely to facilitate supervision of compliance with these conditions ; whereas provision should be made for a procedure intended to settle any disputes which may arise between Member States as to the justification of the approval of a manufacturing establishment;
Whereas, moreover, Community control arrangements should be introduced to ensure that the standards laid down in this Directive are applied uniformly in all Member States ; whereas provision should be made for the procedure for such controls to be determined according to a Community procedure within the Standing Veterinary Committee set up by the Council Decision of 15 October 1968 (6);
Whereas provision should be made for the possibility of derogating from certain provisions of this Directive in respect of certain meat products which contain other foodstuffs and which contain a minimal percentage of meat ; whereas these derogations should be made according to a Community procedure within the Standing Veterinary Committee;
Whereas, as regards intra-Community trade, the issue of a health certificate drafted by the competent authority is considered to be the best way of assuring the competent authorities of the country of destination that a consignment of meat products complies with this Directive ; whereas this certificate must accompany the consignment of these products to the place of destination;
Whereas Member States must have the right to prohibit the introduction into their territory of meat products from another Member State which prove unfit for human consumption or do not comply with Community health provisions;
Whereas, in such cases, the consignor should, at his own request or upon request of his representative, be allowed to have the meat products returned to him unless there are health reasons to the contrary; (1)OJ No C 114, 11.11.1971, p. 40. (2)OJ No 121, 29.7.1964, p. 2012/64. (3)OJ No L 172, 3.7.1975, p. 17. (4)OJ No L 55, 8.3.1971, p. 23. (5)OJ No L 302, 31.12.1972, p. 28. (6)OJ No L 255, 18.10.1968, p. 23.
Whereas, in case of prohibition or restriction, the reasons therefor should be made known to the consignor or his representative and also, in certain cases, to the competent authorities of the exporting country;
Whereas, in the event of a dispute between himself and the authorities of the Member State of destination as to the justification for prohibition or restriction, the consignor should be enabled to obtain the opinion of an expert;
Whereas, in order to facilitate the implementation of the proposed measures, a procedure should be provided for close cooperation between the Member States and the Commission in the Standing Veterinary Committee,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive lays down health requirements for meat products intended for intra-Community trade.
Article 2
1. For the purposes of this Directive, the following definitions shall apply: (a) meat products : products prepared wholly or partly from meat which has undergone treatment to ensure a certain degree of preservation.
However, meat which has only undergone chilling or freezing shall not be regarded as a meat product.
The following are not covered by this Directive: (i) meat extracts, meat consommé and stock, meat sauces and similar products not containing fragments of meat;
(ii) whole, broken or crushed bones, meat peptones, animal gelatin, meat powder, pork-rind powder, blood plasma, dried blood, dried blood plasma, cellular proteins, bone extracts and similar products;
(iii) fats melted down from animal tissues;
(iv) stomachs, bladders and intestines, cleaned and bleached, salted or dried;
(b) meat : meat as defined in: - Article 1 of Directive 64/433/EEC,
- Article 1 of Directive 71/118/EEC,
- Article 2 of Directive 72/462/EEC;
(c) fresh meat : fresh meat as defined in Article 1 of Directives 64/433/EEC and 71/118/EEC and Article 2 of Directive 72/462/EEC;
(d) treatment : the treatment of fresh meat, whether or not combined with other foodstuffs, by heating, salting or drying, or a combination or these processes;
(e) complete treatment : treatment the effects of which are sufficient to guarantee the subsequent wholesomeness of the product at normal ambient temperature;
(f) incomplete treatment : treatment which does not meet the requirements laid down for complete treatment in Annex A, Chapter V (27);
(g) heating : use of dry or damp heat;
(h) salting : use of salt (NaCl);
(i) drying : natural or artificial reduction of the water content;
(j) exporting country : the Member State from which meat products are sent to another Member State;
(k) country of destination : the Member State to which meat products are sent from another Member State;
(l) consignment : a quantity of a meat product which is covered by the same health certificate;
(m) wrapping : the protection of meat products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself;
(n) packaging : the placing of a wrapped or unwrapped meat product or products in a second container, as well as the container itself.
2. Pending the adoption, following submission of a proposal in accordance with Article 9 (2), of provisions regarding meat which is treated by a process other than heating, salting or drying or which has undergone treatment which does not meet the requirements of Annex A, Chapter V (26), such meat shall be subject to the Directives referred to in paragraph 1 (b).
Article 3
1. Each Member State shall ensure that only meat products complying with the following general conditions are sent from its territory to the territory of another Member State: (1) they must have been prepared in an establishment approved and inspected in accordance with Article 6;
(2) they must have been prepared, stored and transported in accordance with Annex A;
(3) they must have been prepared from: (a) fresh meat as defined in Article 2 (1) (c). This fresh meat may originate: (i) in accordance with Directive 64/433/EEC, in the Member State in which the preparation is carried out or in any other Member State,
(ii) in accordance with Directive 72/462/EEC, in a third country, being imported either directly or by another Member State,
(iii) in accordance with Article 15 of Directive 71/118/EEC, in a third country, in so far as: - products obtained from this meat fulfil the requirements of this Directive,
- the health marking laid down in Annex A, Chapter VII, is not carried out on these products,
- intra-Community trade in these products remains subject to the national provisions of each Member State;
(b) a meat product, provided that it meets the requirements of this Directive;
(4) they must have been prepared by heating, salting or drying, which processes may be combined with smoking or maturing, possibly under specific microclimatic conditions, and associated, in particular, with certain curing agents within the meaning of Article 12. They may also be associated with other foodstuffs and condiments;
(5) they must have been prepared from fresh meat handled in accordance with Annex A, Chapter III;
(6) they must, in accordance with Annex A, Chapter IV, have undergone an inspection carried out by the competent authority ; such inspections may be carried out, in purely routine tasks and in accordance with rules to be defined where necessary under the procedure provided for in Article 18, with the help of aissistants specially trained for the purpose;
(7) they must meet the standards laid down in Annex A, Chapter V;
(8) they must have been wrapped and packaged in accordance with Annex A, Chapter VI, where wrapping and packaging are necessary;
(9) they must bear a health marking in accordance with Annex A, Chapter VII;
(10) they must, in accordance with Annex A, Chapter VIII, be accompanied by a health certificate during transport to the country of destination;
(11) they must be stored and transported to the country of destination under satisfactory health conditions in accordance with Annex A, Chapter IX.
2. Meat products may not have been subjected to ionizing radiation, unless this is justified on medical grounds and unless such procedure is clearly indicated on the product and on the health certificate.
Article 4
1. Meat products which have undergone complete treatment in accordance with Annex A, Chapter V (27), may be stored and transported at normal ambient temperatures.
Products which have been subjected to natural fermentation and maturing for a long period shall be regarded as having undergone complete treatment until the Council, acting, unanimously on a proposal by the Commission, shall have amended the limits given in Annex A, Chapter V (27) (b).
2. For inspection purposes, the producer must ensure that the packaging of meat products which have undergone incomplete treatment bears a clear and legible indication of the temperature at which the products must be transported and stored and the period during which preservation may thus be assured.
3. If necessary, in accordance with the procedure laid down in Article 18, a derogation may be made from paragraph 2 in respect of certain meat products which do not comply with the standards laid down in Annex A, Chapter V (27), subject to certain conditions which shall be verified by the competent authority.
Article 5
Articles 3 and 4 shall not apply to meat products which are imported with the authorization of the country of destination for uses other than human consumption ; in this case, the country of destination shall ensure that these products are used only for the purposes for which they were dispatched to that country.
Article 6
1. Each Member State shall draw up a list of the establishments approved by it and having a veterinary approval number. It shall send this list to the other Member States and to the Commission.
The Commission shall draw up a list of these approved establishments and shall have it published in the Official Journal of the European Communities.
Without prejudice to Article 8, a Member-State shall not approve an establishment unless compliance with this Directive is assured.
The Member State shall withdraw approval if the conditions for approval are no longer fulfilled.
If a check has been made in accordance with Article 7, the Member State concerned shall take account of the conclusions resulting therefrom.
The other Member States and the Commission shall be informed of the withdrawal of approval.
2. Inspection and supervision of approved establishments shall be carried out under the responsibility of the competent authority which may be assisted in purely technical tasks by personnel specially trained for the purpose.
The detailed rules governing this assistance shall be determined in accordance with the procedure provided for in Article 18.
3. If a Member State considers that the conditions for approval are not or are no longer complied with by an establishment in another Member State, it shall so inform the Commission and the competent central authority of the latter Member State.
4. In the case referred to in paragraph 3, the Commission shall forthwith initiate the procedure laid down in Article 7.
If justified by the conclusions of the inspection report, the Member States may be authorized, in accordance with the procedure laid down in Article 19, to refuse entry to their territory of meat products from the establishment in question.
This authorization may be withdrawn in accordance with the same procedure laid down in Article 19, if such action is justified by the findings of a further expert inspection carried out in accordance with Article 7.
Article 7
Experts of the Member States and of the Commission shall carry out regular inspections of the approved establishments to ensure that the latter in fact apply this Directive, and in particular Annex A, Chapters I and II.
They shall provide the Commission with a report on the results of the inspections carried out.
The Member State in whose territory an inspection is carried out shall give the experts all the necessary help in performing their task.
The experts of the Member States who carry out the inspections shall be designated by the Commission acting upon a proposal from the Member States. They must be nationals of a Member State other than that in which the inspection is carried out and, in the case provided for in Article 6 (3) and (4), other than that of the Member States involved in the dispute.
Inspections shall be carried out on behalf of the Community, which shall bear the cost involved.
The frequency and the detailed rules for these inspections shall be determined in accordance with the procedure laid down in Article 18.
Article 8
1. By way of derogation from the conditions stipulated in Article 3, it may be decided, in accordance with the procedure laid down in Article 18, that some provisions of this Directive shall not apply to certain products which contain other foodstuffs and only a small percentage of meat or meat product.
These exceptions shall relate only to: (a) the conditions for approval of establishments as laid down in Annex A, Chapter I;
(b) the inspection requirements described in Annex A, Chapters IV and V;
(c) the requirements for a health marking and health certificate as laid down in paragraphs 9 and 10 of Article 3 (1).
When considering whether to allow exception such as those provided for under this Article, both the nature and the composition of the product shall be taken into account.
Notwithstanding the provisions of this Article, the Member States shall ensure that all meat products intended for intra-Community trade are wholesome products prepared from fresh meat or meat products within the meaning of this Directive.
2. The first subparagraph of paragraph 1 shall be implemented for the first time before the date of implementation of this Directive.
Article 9
1. The Council, acting on a proposal from the Commission, shall determine for the first time, before the implementation of this Directive, the provisions applying to fresh meat which has been minced, ground or similarly broken down into small pieces, with the addition of other foodstuffs and condiments.
Pending the entry into force of the provisions thus adopted, this meat shall remain subject to national laws.
2. The Commission shall submit to the Council, before the date of implementation of this Directive, a proposal dealing with the case of products not having undergone treatment and thus not fulfilling the requirements laid down Annex A, Chapter V (26).
Article 10
The methods required in order to check compliance with the standards laid down in Annex A, Chapter V (26) and (27) and the tolerances to be permitted for these standards, shall be established six months before the date of implementation of this Directive in accordance with the procedure laid down in Article 18.
These methods, standards and tolerances may, if necessary, be altered or updated using the same procedure.
Article 11
1. Without prejudice to the powers resulting from Articles 6 and 7, a Member State on whose territory it has been established in the course of a health inspection that: (a) the meat products imported from another Member State are unfit for human consumption, shall prohibit the marketing of such products within its territory;
(b) Article 3 has not been complied with, may impose such a prohibition.
2. Decisions taken pursuant to paragraph 1 must, at the request of the consignor or his representative, authorize the reconsignment of the meat products, in so far as there are no objections thereto on health grounds. In any event, precautions shall be taken to prevent improper use of these products.
If reconsignment is not possible the products must be destroyed on the territory of the Member State in which the inspection is carried out.
By way of derogation from this provision and at the request of the consignee or his representative, the Member State carrying out the animal health and public health inspections may authorize their entry for use other than for human consumption, to the extent that there is no danger for humans or for animals. These meat products may not leave the territory of that Member State, which must check their destintaion.
These decisions must be communicated to the consignor or his representative together with the reasons for such decisions. These reasoned decisions must, on request, be communicated forthwith in writing, with an indication of the channels of appeal provided for under the current legislation and of their forms and the time limits within which they are open.
3. Where such decisions are based on the establishment of the presence of a contagious disease, deterioration dangerous to human health or a serious infringement of this Directive, they shall also be communicated forthwith, together with the reasons for these decisions, to the competent central authority of the exporting country and to the Commission.
Article 12
Without prejudice to current Community rules on additives authorized for use in foodstuffs, the use of additives in meat products and the detailed rules governing such use shall continue to be subject to national laws until the entry into force of Community provisions on the matter.
Article 13
The Council, acting unanimously on a proposal from the Commission, shall, before 31 December 1978, determine the temperatures to be observed during cutting and initial wrapping as provided for in Annex A, Chapter II (9), and without prejudice to the provisions laid down in Annex A, Chapter III (20).
Article 14
1. The Council, acting on a proposal from the Commission, shall take a unanimous decision on Community rules relating to the methods of detecting trichinae and also to the cases where such detection is unnecessary.
2. Pending the entry into force of such rules, the Member States' legislation on the detection of trichinae in meat products containing pigmeat shall remain applicable.
3. Pigmeat recognized as trichinous must not be used in the manufacture of meat products intended for intra-Community trade.
Article 15
1. This Directive shall not affect the channels of appeal open under the current legislation in Member States against the decisions of the competent authorities provided for in this Directive.
2. Each Member State shall grant consignors of meat products, the movement of which is prohibited pursuant to Article 11 (1), the right to obtain the opinion of an expert. Each Member State shall ensure that, before the competent authorities take any other measures such as destroying the meat, the experts have an opportunity of determining whether the conditions of Article 11 (1) have been fulfilled.
The expert must be a national of a Member State other than the exporting country or country of destination.
Acting on a proposal from the Member States, the Commission shall draw up a panel list of the experts who may be instructed to formulate such opinions. After consulting the Member States, it shall lay down general rules which are to be applied, in particular as regards the procedure for formulating these opinions.
Article 16
Until the entry into force of Community provisions on problems of animal health affecting intra-Community trade in meat products, national rules shall continue to apply in this field.
Article 17
Pending the implementation of Community provisions concerning imports of meat products from third countries, Member States shall apply to such imports provisions which are at least equivalent to those resulting from this Directive.
Article 18
1. Where the procedure laid down in this Article is to be used, the matter shall be referred without delay to the Standing Veterinary Committee (hereinafter referred to as "the Committee"), set up by the Council Decision of 15 October 1968, by the chairman, either on his own initiative or at the request of a Member State.
2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on the measures within a period to be determined by the chairman in keeping with the urgency of the question submitted for examination. Opinions shall be delivered by a majority of 41 votes.
4. The Commission shall adopt the measures and shall implement them immediately, where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be adopted. The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months from the date on which the proposal was submitted to it, the Commission shall adopt the proposed measures and apply them immediately save where the Council has decided against them by a simple majority.
Article 19
1. Where the procedure laid down in this Article is to be used, the matter shall be referred without delay to the Committee by the chairman, either on his own initiative or at the request of a Member State.
2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within two days. Opinions shall be delivered by a majority of 41 votes.
4. The Commission shall adopt the measures and shall apply them immediately where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal on the measures to be adopted. The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within 15 days from the date on which the proposal was submitted to it, the Commission shall adopt the proposed measures and shall apply them immediately save where the Council has decided against them by a simple majority.
Article 20
Acting on a Commission proposal to be submitted before 1 July 1977, the Council shall adopt before 31 December 1977 the provisions determining who shall be empowered to carry out the supervision and inspections provided for in paragraph 6 of Article 3 (1) and of Articles 4 (3) and 6 (2) and in Annex A, Chapters II, IV, V, VII and VIII.
Article 21
Articles 18 and 19 shall be applicable until 21 June 1981.
Article 22
The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive on 1 July 1979.
However, in the case of those Member States not requiring annual medical check-ups on the date of adoption of this Directive, pursuant to existing veterinary laws, the medical check-up provided for in Annex A, Chapter II (17), shall be obligatory only from 15 February 1980, unless the Council, acting on a proposal by the Commission, decides before 31 December 1979 to postpone that date in the light of the report which the Commission will submit to it.
Article 23
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1976.