COMMISSION DECISION of 10 June 1993 concerning animal health conditions and veterinary certification for imports of fresh meat from South American countries
(93/402/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (1), as last amended by Regulation (EEC) No 1601/92 (2), and in particular Articles 14, 15 and 16 thereof,
Whereas the animal health conditions and veterinary certification for imports of fresh meat from Colombia, Paraguay, Uruguay, Brazil, Chile and Argentina were established by Commission Decisions 85/220/EEC (3), 86/191/EEC (4), 86/192/EEC (5), 86/195/EEC (6), 90/58/EEC (7) and 92/215/EEC (8) respectively;
Whereas, with a view to the internal market, numerous health measures have been established in the framework of trade within the Community; whereas the realization of this objective necessitates, in parallel, an adaptation of the health conditions required for importation of fresh meat from third countries particularly from South America;
Whereas this adaptation must take into account the different epidemiological situations in the South American countries concerned, and indeed in the different parts of their territories; whereas, given the existence of identical health situations between the various parts of those different countries, it is necessary to take account of this fact in establishing a new system of health guarantees;
Whereas, as a result, it is appropriate to establish different health certificates in accordance with the conditions required for the importation of fresh meat from those different categories or countries of parts of countries;
Whereas, in order to clarify and simplify the Community legislation it is necessary to group together the health conditions required for imports of fresh meat from Colombia, Paraguay, Uruguay, Brazil, Chile and Argentina and to repeal the decisions in force for those countries;
Whereas stricter health conditions have been established for offal intended for human consumption; whereas, moreover, the health conditions established apply without prejudice to the health conditions established by Council Directive 92/118/EEC (9) and Commission Decision 89/18/EEC (10) concerning importation from third countries of fresh meat for purposes other than human consumption;
Whereas having regard to the epidemiological features of foot-and-mouth disease of the ovines and caprines, special guarantees must be required as regards imports of the meat of those species;
Whereas the entire area of Chile and the territories of Argentina situated south of the 42nd parallel have been free of foot-and-mouth disease for 12 months and vaccination against this disease has not been practised for 12 months;
Whereas the veterinary authorities in Colombia, Paraguay, Uruguay, Brazil, Chile and Argentina have provided guarantees concerning rinderpest and exotic foot-and-mouth disease and, in particular, concerning the notification to the Commission and the Member States within 24 hours of the occurence of these diseases or the modification of vaccination policies against them;
Whereas the measures provided for in this Decision are in conformity with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of this Decision the following definitions shall be used:
(a) fresh meat: as defined in Article 2 (a) of Council Directive 64/433/EEC (11);
(b) deboned fresh meat: meat as described in paragraph (a) of this Article, together with diaphragms but excluding offal, from which the bone and the main accessible lymphatic glands have been removed;
(c) trimmed offal:
- heart of bovine animals from which lymphatic glands, connective tissue and adhering fat have been completely removed,
- livers of bovine animals from which lymphatic glands, connective tissue and adhering fat have been completely removed,
- whole masseter muscles of bovine animals, incised in accordance with paragraph 41 (A) of Chapter VIII of Annex I to Directive 64/433/EEC, from which lymphatic glands, connective tissue and adhering fat have been completely removed,
- tongues of bovine animals with epithelium and without bone, cartilage and tonsils,
- lungs of bovine animals from which the trachea and main bronchi and the mediastinal and bronchial lymphatic glands have been removed,
- other offal of bovine animals without bone or cartilage from which lymphatic glands, connective tissue, adhering fat and mucous have been completely removed.
Article 2
1. Member States shall authorize the importation of the categories of fresh meat set out in Annex II and coming from the territories laid down in Annex I, if they comply with the guarantees laid down in the health certificate, drawn up in conformity with Annex III. The certificate shall include the general health certificate conforming to Annex III, Part 1, and one of the specific health certificates conforming to Annex III, Part 2.
2. In the case of imports of offal described in Article 1 (c) and intended for the period industry, Member States shall ensure that the following requirements are complied with:
- the conditions set out in paragraph 1,
- the conditions established by Directive 92/118/EEC,
- the conditions established by Decision 89/18/EEC.
After arriving in the territory and during manufacture, the raw material shall be sterilized in hermetically sealed containers in such a way as to achieve a minimum Fc value of 3; a veterinary check shall be made to ensure that the finished product has actually achieved that value.
Article 3
1. Member States shall authorize the importation of offal described in Article 1 (c) intended for the manufacture of heat-treated, meat-based products. The offal must comply with the guarantees set out in the health certificate conforming to Annex III which includes a general health certificate conforming to Annex III, Part 1, and the specific health certificate conforming to Part 2 of that Annex.
2. The authorization can only be given to establishments specially approved by the Member States for that purpose. Member States shall immediately inform the Commission of the approval of such establishments, and the conditions governing such approval.
3. In the case, the authorization can only be given to a processing establishment approved by the national authorities and under continuous veterinary supervision and on condition that guarantees are given that the raw material shall be used only for the specified purpose without risk of contact with any product which remains unsterilized, and that it shall not leave the establishment in its original state except in case of necessity, in which case it shall be consigned to a carcass destruction plant under the control of an official veterinarian. In addition the following minimum conditions shall be met:
(a) on dispatch to Community territory, the raw material shall be enclosed in leak-proof and sealed containers. The cartons, the containers and the accompanying documents must be marked: 'use restricted to the manufacture of heat-treated, meat-based products'. The containers and the accompanying documents shall bear the name and address of the processing establishment;
(b) importers or their representatives must, by telecommunications or through other systems of data transmission, inform the veterinary staff of the border inspection post of arrival at least 24 hours in advance of the arrival of the raw material, as well as giving details of the quantity, origin and destination of the product;
(c) the raw material shall be transported from the point of arrival in the Community territory, directly and without breaking bulk, in containers or means of transport which are leak-proof and duly sealed, to the processing establishment of destination approved by the national authorities and under continuous veterinary supervision;
(d) on arrival in the territory of the Community and before dispatch of the raw material to the approved processing establishment, notification of intended dispatch shall be made as quickly as possible to the local official veterinarian;
(e) the raw material, during manufacture, shall be either sterilized in hermetically sealed containers in such a way as to achieve a minimum Fc value of 3 or cooked to a core temperature of at least 80 °C; a veterinary inspection shall be made to ensure that the finished product has actually achieved that value;
(f) the vehicles and containers or any other means of transport referred to in (c) and all equipment and utensils which come into contact with the raw material before sterilization shall be cleansed and disinfected, and packaging shall be destroyed in an incinerator.
4. The authorization mentioned in paragraph 1 shall be notified to the competent authorities of Member States through which the raw material will pass.
Article 4
This Decision will be reassessed as required by the changing animal health situation in the Community and in the South American countries from which the imports are permitted.
Article 5
This Decision shall come into effect 60 days after notification to the Member States.
Nevertheless, the provisions mentioned in Article 2 (2) shall come into effect on 1 October 1993.
Article 6
1. (a) The requirements of Commission Decisions 85/220/EEC, 86/191/EEC, 86/192/EEC, 86/195/EEC, 90/58/EEC and 92/215/EEC, with the exception of those relating to import conditions for import of fresh meat destined for the manufacture of pet food, are repealed on the 60th day after the notification of this Decision to the Member States.
(b) Member States shall authorize the importation of fresh meat for human consumption, produced and certified according to the requirements of Decisions 85/220/EEC, 86/191/EEC, 86/192/EEC, 86/195/EEC, 90/58/EEC and 92/215/EEC during the 15 days following the date mentioned in point (a).
2. (a) The requirements of Commission Decisions 85/220/EEC, 86/191/EEC, 86/192/EEC, 86/195/EEC, 90/58/EEC and 92/215/EEC relating to the import conditions for fresh meat destined for the manufacture of pet food are repealed on 1 October 1993.
(b) Member States shall authorize the importation of fresh meat intended for the pet food industry and produced and certified according to the requirements of Decisions 85/220/EEC, 86/191/EEC, 86/192/EEC, 86/195/EEC, 90/58/EEC and 92/215/EEC during the 15 days following the date mentioned in point (a).
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 10 June 1993.