1977L0099—EN—07.07.1981—003.001—1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of21December 1976
onhealthproblemsaffectingintra-Communitytradeinmeatproducts
(77/99/EEC)
(OJL26,31.1.1977,p.85)
Amendedby:
OfficialJournal
No page date
►M1CouncilDirective80/214/EECof22January1980 L47 3 21.2.1980
►M2CouncilDirective81/476/EECof24June1981 L186 20 8.7.1981
Amendedby:
►A1ActofAccessionofGreece L291 17 19.11.1979
Correctedby:
►C1Corrigendum,OJL68,15.3.1977,p.35(77/99/EEC)
►C2Corrigendum,OJL76,24.3.1977,p.26(77/99/EEC)
▼B
COUNCILDIRECTIVE
of21December 1976
on health problems affecting intra-Community trade in meat
products
(77/99/EEC)
THECOUNCILOFTHEEUROPEANCOMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,andinparticularArticles43and100thereof,
HavingregardtotheproposalfromtheCommission,HavingregardtotheopinionoftheEuropeanParliament(
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 thevarious Member States; whereas, in order to remove such disparities,it is necessary to substitute common provisions for these nationalrequirements;
Whereas, in order to guarantee the quality of the products in question
fromthehealthpointofview,itisnecessarytouse,intheirmanufac-
ture,onlythatfreshmeatobtainedinaccordance withtheCommunitystandardslaiddowninCouncilDirective64/433/EECof26June1964on 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 healthandveterinaryinspectionproblemsuponimportationofbovineanimalsand swine and fresh meat from third countries(
5), as last amended by
Directive 75/379/EEC; whereas meat products must be manufactured,
storedandtrasnportedinconditionsofferingeveryguaranteeasregards
health; whereas the need for manufacturing and processing establish-ments to obtain approval is likely to facilitate supervision ofcompliance with these conditions; whereas provision should be madefor a procedure intended to settle any disputes which may arisebetween Member States as to the justification of the approval of a
manufacturingestablishment;
Whereas,moreover,Communitycontrolarrangements shouldbeintro-
duced to ensure that the standards laid down in this Directive areapplied uniformly in all Member States; whereas provision should bemade for the procedure for such controls to be determined accordingto a Community procedure within the Standing Veterinary Committee
setupbytheCouncilDecisionof15October1968(
6);
Whereas provision should be made for the possibility of derogating
fromcertain provisions of this Directive in respect of certain m eatproducts which contain other foodstuffs and which contain a minimalpercentage of meat; whereas these derogations should be madeaccording to a Community procedure within the Standing VeterinaryCommittee;
Whereas,asregardsintra-Communitytrade,theissueofahealthcerti-
ficate drafted by the competent authority is considered to be the best
wayofassuringthecompetentauthoritiesofthecountryofdestinationthat a consignment of meat products complies with this Directive;1977L0099—EN—07.07.1981—003.001—2
(1) OJNoC114,11.11.1971,p.40.
(2) OJNo121,29.7.1964,p.2012/64.
(3) OJNoL172,3.7.1975,p.17.
(4) OJNoL55,8.3.1971,p.23.
(5) OJNoL302,31.12.1972,p.28.
(6) OJNoL255,18.10.1968,p.23.
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whereas this certificate must accompany the consignment of these
productstotheplaceofdestination;
Whereas Member States must have the right to prohibit the introduc-
tion into their territory of meat products from another Member Statewhich prove unfit for human consumption or do not comply withCommunityhealthprovisions;
Whereas, in such cases, the consignor should, at his own request or
upon request of his representative, be allowed to have the meatproductsreturnedtohimunlesstherearehealthreasonstothecontrary;
Whereas, in case of prohibition or restriction, the reasons therefor
shouldbemadeknowntotheconsignororhisrepresentativeandalso,
incertaincases,tothecompetentauthoritiesoftheexportingcountry;
Whereas,intheeventofadisputebetweenhimselfandtheauthorities
oftheMemberStateofdestinationastothejustificationforprohibition
orrestriction,theconsignorshouldbeenabledtoobtaintheopinionof
anexpert;
Whereas, in order to facilitate the implementation of the proposed
measures,aprocedureshouldbeprovidedforclosecooperationbetwen
the Member States and the Commission in the Standing Veterinary
Committee,
HASADOPTEDTHISDIRECTIVE:
Article 1
This Directive lays down health requirements for meat products
intendedforintra-Communitytrade.
Article 2
1. ForthepurposesofthisDirective, thefollowingdefinitionsshall
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
shallnotberegardedasameatproduct.
ThefollowingarenotcoveredbythisDirective:
(i) meat extracts, meat consommé and stock, meat sauces and
similarproductsnotcontainingfragmentsofmeat;
(ii) whole, broken or crushed bones, meat peptones, animal
gelatin, meat powder, pork-rind powder, blood plasma, driedblood, dried blood plasma, cellular proteins, bone extractsandsimilarproducts;
(iii) fatsmelteddownfromanimaltissues;
(iv) stomachs, bladders and intestines, cleaned and bleached,
saltedordried;
(b) meat:meatasdefinedin:
— Article1ofDirective64/433/EEC,
— Article1ofDirective71/118/EEC,
— Article2ofDirective72/462/EEC,
— Article1ofDirective72/461/EEC;
(c) freshmeat:freshmeatasdefinedinArticle1ofDirectives64/433/
EEC, 71/118/EEC and 72/461/EEC and in Article 2 of Directive
72/462/EEC;
(d) treatment: the treatment of fresh meat, whether or not combined
withotherfoodstuffs,byheating,saltingordrying,oracombina-tionortheseprocesses;1977L0099—EN—07.07.1981—003.001—3
▼M1
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(e) completetreatment:treatmenttheeffectsofwhicharesufficientto
guaranteethesubsequentwholesomenessoftheproductatnormalambienttemperature;
(f) incomplete treatment: treatment which does not meet the require-
ments laid down for complete treatment in Annex A, Chapter V(27);
(g) heating:useofdryordampheat;(h) salting:useofsalt(NaCl);
(i) drying:naturalorartificialreductionofthewatercontent;
(j) exporting country: the Member State from which meat products
aresenttoanotherMemberState;
(k) country of destination: the Member State to which meat products
aresentfromanotherMemberState;
(l) consignment:aquantityofameatproductwhichiscoveredbythe
samehealthcertificate;
(m) wrapping:theprotection ofmeat productsbytheuseofaninitial
wrapping or initial container in direct contact with the product
concernedaswellastheinitialwrapperorinitialcontaineritself;
(n) packaging: the placing of a wrapped or unwrapped meat product
orproductsinasecondcontainer,aswellasthecontaineritself.
2. Pending the adoption, following submission of a proposal in
accordance with Article 9 (2), of provisions regarding meat which istreatedbyaprocessotherthanheating,saltingordryingorwhichhasundergone treatment which does not meet the requirements of AnnexA,ChapterV(26),suchmeatshallbesubjecttotheDirectivesreferred
toinparagraph1(b).
Article 3
1. Each Member State shall ensure that only meat products
complyingwiththefollowinggeneralconditionsaresentfromitsterri-torytotheterritoryofanotherMemberState:
(1) they must have been prepared in an establishment approved and
inspectedinaccordancewithArticle6;
(2) they must have been prepared, stored and transported in accor-
dancewithAnnexA;
(3) theymusthavebeenpreparedfrom:
(a) freshmeatasdefinedinArticle2(1)(c).Thisfreshmeatmay
originate:
(i)►
C2inaccordancewithDirectives64/433/EECand71/
118/EEC,intheMemberStateinwhichthe ◄prepara-
tioniscarriedoutorinanyotherMemberState,
(i)a in accordance with Article 5a of Directive 72/461/EEC
in the Member State in which the preparation is carriedout,
(ii) in accordance with Directive 72/462/EEC, in a third
country, being imported either directly or by anotherMemberState,
(iii) in accordance with Article 15 of Directive 71/118/EEC,
inathirdcountry,insofaras:
— products obtained fromthis m eat fulfil the require-
mentsofthisDirective,
— the health marking laid down in Annex A, Chapter
VII,isnotcarriedoutontheseproducts,
— intra-Community trade in these products remains
subject to the national provisions of each Member
State;
(b) ameatproduct,providedthatitmeetstherequirementsofthis
Directive;1977L0099—EN—07.07.1981—003.001—4
▼M1
▼B
▼B
(4) theymusthavebeenpreparedbyheating,saltingordrying,which
processes may be combined with smoking or maturing, possiblyunder specific microclimatic conditions, and associated, in parti-
cular, with certain curing agents within the meaning of Article
12.Theymayalsobeassociatedwithotherfoodstuffsandcondi-ments;
(5) they musthave been prepared from freshmeat handled in accor-
dancewithAnnexA,ChapterIII;
(6) theymust,inaccordancewithAnnexA,ChapterIV,haveunder-
gone an inspection carried out by the competent authority; suchinspections may be carried out, in purely routine tasks and inaccordance with rules to be defined where necessary under the
procedure provided for in Article 18, with the help of aissistants
speciallytrainedforthepurpose;
(7) theymustmeetthestandardslaiddowninAnnexA,ChapterV;
(8) they must have been wrapped and packaged in accordance with
Annex A,Chapter VI,where wrapping and packaging are neces-
sary;
(9) they must bear a health marking in accordance with Annex A,
ChapterVII;
(10) theymust,inaccordancewithAnnexA,ChapterVIII,beaccom-
panied by a health certificate during transport to the country of
destination;
(11) they mustbe stored and transported to the country of destination
undersatisfactoryhealthconditionsinaccordance withAnnexA,ChapterIX.
2. Meatproductsmaynothavebeensubjectedtoionizingradiation,
unlessthisisjustifiedonmedicalgroundsandunlesssuchprocedureis
clearlyindicatedontheproductandonthehealthcertificate.
Article 4
1. Meat products which have undergone complete treatment in
accordance with Annex A, Chapter V (27), may be stored and trans-
portedatnormalambienttemperatures.
Products which have been subjected to natural fermentation and
maturing for a long period shall be regarded as having undergonecomplete treatment until the Council, acting, unanimously on a
proposal by the Commission, shall have amended the limits given in
AnnexA,ChapterV(27)(b).
2. Forinspectionpurposes,theproducermustensurethatthepacka-
ging 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 whichpreservationmaythusbeassured.
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 laiddowninAnnexA,ChapterV(27),subjecttocertainconditionswhichshallbeverifiedbythecompetentauthority.
Article 5
Articles 3 and 4 shall not apply to meat products which are imported
withtheauthorization ofthecountryofdestinationforusesotherthanhuman consumption; in this case, the country of destination shallensure that these products are used only for the purposes for whichtheyweredispatchedtothatcountry.
Article 6
1. Each Member State shall draw up a list of the establishments
approved byit andhavingaveterinary approvalnumber.ItshallsendthislisttotheotherMemberStatesandtotheCommission.1977L0099—EN—07.07.1981—003.001—5
▼B
TheCommissionshalldrawupalistoftheseapprovedestablishments
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
establishmentunlesscompliancewiththisDirectiveisassured.
The Member State shall withdraw approval if the conditions for
approvalarenolongerfulfilled.
If a check has been made in accordance with Article 7, the Member
State concerned shall take account of the conclusions resulting there-
from.
TheotherMemberStatesandtheCommissionshallbeinformedofthe
withdrawalofapproval.
2. Inspection and supervision of approved establishments shall be
carried out under the responsibility of the competent authority whichmaybeassistedinpurelytechnicaltasksbypersonnelspeciallytrained
forthepurpose.
The detailed rules governing this assistance shall be determined in
accordancewiththeprocedureprovidedforinArticle18.
3. If a Member State considers that the conditions for approval are
not or are no longer complied with by an establishment in anotherMember State, it shall so inform the Commission and the competentcentralauthorityofthelatterMemberState.
4. Inthecasereferredtoinparagraph3,theCommissionshallforth-
withinitiatetheprocedurelaiddowninArticle7.
If justified by the conclusions of the inspection report, the Member
Statesmaybeauthorized,inaccordance withtheprocedurelaiddownin Article 19, to refuse entry to their territory of meat products fromtheestablishmentinquestion.
This authorization may be withdrawn in accordance with the same
procedure laid down in Article 19, if such action is justified by thefindings of a further expert inspection carried out in accordance withArticle7.
Article 7
Experts of the Member States and of the Commission shall carry out
regular inspections of the approved establishments to ensure that the
latterinfactapplythisDirective,andinparticularAnnexA,Chapters
IandII.
TheyshallprovidetheCommissionwithareportontheresultsofthe
inspectionscarriedout.
TheMemberStateinwhoseterritoryaninspectioniscarriedoutshall
givetheexpertsallthenecessaryhelpinperformingtheirtask.
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 mustbenationals ofa Member State other thanthatinwhichtheinspectioniscarriedoutand,inthecaseprovidedforinArticle6(3)and(4),otherthanthatoftheMemberStatesinvolvedinthedispute.
Inspections shall be carried out on behalf of the Community, which
shallbearthecostinvolved.
The frequency and the detailed rules for these inspections shall be
determinedinaccordancewiththeprocedurelaiddowninArticle18.
Article 8
1. BywayofderogationfromtheconditionsstipulatedinArticle3,
it may be decided, in accordance with the procedure laid down inArticle 18, that some provisions of this Directive shall not apply to1977L0099—EN—07.07.1981—003.001—6
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certain products which contain other foodstuffs and only a small
percentageofmeatormeatproduct.
Theseexceptionsshallrelateonlyto:(a) the conditions for approval of establishments as laid down in
AnnexA,ChapterI;
(b) theinspectionrequirementsdescribedinAnnexA,ChaptersIVand
V;
(c) therequirementsforahealthmarkingandhealthcertificateaslaid
downinparagraphs9and10ofArticle3(1).
When considering whether to allow exception such as those provided
for under this Article, both the nature and the composition of the
productshallbetakenintoaccount.
NotwithstandingtheprovisionsofthisArticle,theMemberStatesshall
ensure that all meat products intended for intra-Community trade arewholesomeproductspreparedfromfreshmeatormeatproductswithinthemeaningofthisDirective.
2. The first subparagraph of paragraph 1 shall be implemented for
thefirsttimebeforethedateofimplementationofthisDirective.
Article 9
1. The Council, acting on a proposal from the Commission, shall
determine for the first time, before the implementation of this Direc-tive, the provision applying to fresh meat which has been minced,
ground or similarly broken down into small pieces, with the addition
ofotherfoodstuffsandcondiments.
Pending the entry into force of the provisions thus adopted, this meat
shallremainsubjecttonationallaws.
2. The Commission shall submit to the Council, before the date of
implementation of this Directive, a proposal dealing with the case ofproducts not having undergone treatment and thus not fulfilling therequirementslaiddownAnnexA,ChapterV(26).
Article 10
Themethodsrequiredinordertocheckcompliancewiththestandards
laid downinAnnexA,Chapter V(26)and(27)andthe tolerances tobepermittedforthesestandards,shallbeestablishedsixmonthsbefore
the date of implementation of this Directive in accordance with the
procedurelaiddowninArticle18.
These methods, standards and tolerances may, if necessary, be altered
orupdatedusingthesameprocedure.
Article 11
1. WithoutprejudicetothepowersresultingfromArticles6and7,a
Member State onwhoseterritory it hasbeenestablished inthecourseofahealthinspectionthat:
(a) the meat products imported from another Member State are unfit
for human consumption, shall prohibit the marketing of suchproductswithinitsterritory;
(b) Article3hasnotbeencompliedwith,mayimposesuchaprohibi-
tion.
2. Decisions taken pursuant to paragraph 1 must, at the request of
theconsignororhisrepresentative, authorizethereconsignmentofthemeat products, in so far as there are no objections thereto on healthgrounds. In any event, precautions shall be taken to prevent improperuseoftheseproducts.
Ifreconsignmentisnotpossibletheproductsmustbedestroyedonthe
territoryoftheMemberStateinwhichtheinspectioniscarriedout.1977L0099—EN—07.07.1981—003.001—7
▼B
By way of derogation fromthis provision and at the request of the
consignee or his representative, the Member State carrying out theanimal 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 notleavetheterritoryofthatMemberState,whichmustchecktheirdestin-taion.
These decisions must be communicated to the consignor or his repre-
sentative together with the reasons for such decisions. These reasoneddecisionsmust,onrequest,becommunicatedforthwithinwriting,withan indication ofthe channels of appeal provided forunderthe currentlegislationandoftheirformsandthetimelimitswithinwhichtheyareopen.
3. Where such decisions are based on the establishment of the
presence of a contagious disease, deterioration dangerous to humanhealth or a serious infringement of this Directive, they shall also becommunicated forthwith,togetherwiththereasonsforthesedecisions,to the competent central authority of the exporting country and to the
Commission.
Article 12
Without prejudice to current Community rules onadditives authorized
for use in foodstuffs, the use of additives in meat products and thedetailed rules governing such use shall continue to be subject to
national laws until the entry into force of Community provisions on
thematter.
Article 13
TheCouncil,actingunanimouslyonaproposalfromtheCommission,
shall, before 31 December 1978, determine the temperatures to be
observedduringcutting andinitial wrappingasprovidedforinAnnexA,ChapterII(9),andwithoutprejudicetotheprovisionslaiddowninAnnexA,ChapterIII(20).
Article 14
1. The Council, acting on a proposal from the Commission, shall
takeaunanimousdecisiononCommunityrulesrelatingtothemethodsof detecting trichinae and also to the cases where such detection isunnecessary.
2. Pending the entry into force of such rules, the Member States'
legislation on the detection of trichinae in meat products containing
pigmeatshallremainapplicable.
3. Pigmeat recognized as trichinous must not be used in the manu-
factureofmeatproductsintendedforintra-Communitytrade.
Article 15
1. ThisDirectiveshallnotaffectthechannelsofappealopenunder
the current legislation in Member States against the decisions of thecompetentauthoritiesprovidedforinthisDirective.
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 ensurethat,beforethecompetent authorities take anyothermeasuressuchasdestroying the meat, the experts have an opportunity of determiningwhethertheconditionsofArticle11(1)havebeenfulfilled.
The expert must be a national of a Member State other than the
exportingcountryorcountryofdestination.
Acting on a proposal from the Member States, the Commission shall
drawupapanellistoftheexpertswhomaybeinstructedtoformulatesuch opinions. After consulting the Member States, it shall lay down1977L0099—EN—07.07.1981—003.001—8
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general rules which are to be applied, in particular as regards the
procedureforformulatingtheseopinions.
Article 16
Until the entry into force of Community provisions on problems of
animal health affecting intra-Community trade in meat products,
nationalrulesshallcontinuetoapplyinthisfield.
Article 17
Pending the implementation of Community provisions concerning
imports of meat products from third countries, Member States shallapplytosuchimportsprovisionswhichareatleastequivalenttothoseresultingfromthisDirective.
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 theCouncil Decision of 15 October 1968, by the chairman, either on hisowninitiativeorattherequestofaMemberState.
2. Within the Committee, the votes of the Member States shall be
weighted as provided in Article 148 (2) of the Treaty. The chairman
shallnotvote.
3. The Commission representative shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion onthe measures within a period to be determined by the chairman inkeeping with the urgency of the question submitted for examination.Opinionsshallbedeliveredbyamajorityof ►
A1forty-five ◄votes.
4. The Commission shall adopt the measures and shall implement
them immediately, where they are in accordance with the opinion ofthe Committee. Where they are notin accordance with the opinion ofthe Committee or if no opinion is delivered, the Commission shallwithoutdelay submittothe Council aproposal onthe measures tobeadopted.TheCouncilshalladoptthemeasuresbyaqualifiedmajority.
IftheCouncilhasnotadoptedanymeasureswithinthreemonthsfrom
the date on which the proposal was submitted to it, the Commissionshall adopt the proposed measures and apply them immediately savewheretheCouncilhasdecidedagainstthembyasimplemajority.
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 thechairman, 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 chairmanshallnotvote.
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
majorityof ►
A1forty-five ◄votes.
4. The Commission shall adopt the measures and shall apply them
immediately where they are in accordance with the opinion of theCommittee. Where they are notin accordance with the opinion of theCommitteeorifnoopinionisdelivered,theCommissionshallwithout
delaysubmittotheCouncilaproposalonthemeasurestobeadopted.
TheCouncilshalladoptthemeasuresbyaqualifiedmajority.
If the Council has not adopted any measures within 15 days from the
date onwhichthe proposalwassubmitted toit, the Commission shalladopt the proposed measures and shall apply them immediately savewheretheCouncilhasdecidedagainstthembyasimplemajority.1977L0099—EN—07.07.1981—003.001—9
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Article 20
ActingonaCommissionproposaltobesubmittedbefore1July1977,
theCouncilshalladoptbefore31December1977theprovisionsdeter-
mining who shall be empowered to carry out the supervision and
inspectionsprovidedforinparagraph6ofArticle3(1)andofArticles4(3)and6(2)andinAnnexA,ChaptersII,IV,V,VIIandVIII.
Article 22
The Member States shall bring into force the laws, regulations and
administrativeprovisionsnecessaryforthemtocomplywiththisDirec-
tiveon1July1979.
However, in the case of those Member States not requiring annual
medical check-ups on the date of adoption of this Directive, pursuantto existing veterinary laws, the medical check-up provided for inAnnex A, Chapter II (17), shall be obligatory only from15 February1980, unless the Council, acting on a proposal by the Commission,
decidesbefore31December1979topostponethatdateinthelightof
thereportwhichtheCommissionwillsubmittoit.
Article 23
ThisDirectiveisaddressedtotheMemberStates.1977L0099—EN—07.07.1981—003.001—10
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ANNEX A
CHAPTERI
CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS MANU-
FACTURINGMEATPRODUCTS
1. Establishments must, throughout the period for which the approval is valid,
compriseatleast:
(a) suitableroomslargeenoughfortheseparatestorage:
(i) underrefrigeration:
— offreshmeatwithinthemeaningofArticle2(1)(c),
— ofmeatotherthanthatreferredtoinArticle2(1)(c);
(ii) atambienttemperatureor,whereappropriate,underrefrigeration:
— ofmeatproductsfulfillingtherequirementsoftheDirective,
— ofotherproductspreparedwhollyorpartlyfrommeat;
(b) facilities enabling the veterinary inspection and supervision operations
prescribedbytheDirectivetobecarriedoutefficientlyatanytime;
(c) inthevicinityoftheworkrooms,anadequatelyequippedlockableroom
fortheexclusiveuseofthecompetentauthority;
(d) suitableroomssufficientlylargeforthepreparationofmeatproducts;(e) a lockable roomfor the storage of certain ingredients such as condi-
ments;
(f) an installation enabling an adequate supply, under pressure, of potable
water only; however, an installation supplying non-potable water shall
be authorized in exceptional cases for steamproduction, fire-fighting
and the cooling of refrigeration equipment, provided that the pipes
installed for this purpose preclude the use of this water for other
purposes.
Non-potablewaterpipesmustbeeasilydistinguishablefromthoseused
forpotablewaterandmaynotpassthroughroomswherefreshmeator
meatproductsareworkedorstored.
However, for five years from the date of implementation of the Direc-
tive, exceptional authorization may be given for non-potable water
pipestopassthroughroomscontainingmeatandmeatproductsinestab-
lishments carrying on their activities before adoption of the Directive,
provided that there are no outlets on the sections of the pipes which
passthroughtheaforesaidrooms;
(g) aninstallation providinganadequate supplyofhotpotablewaterunder
pressure;
(h) awastewaterdisposalsystemwhichmeetshygienerequirements;(i) anadequatenumberofchangingrooms,washbasins,showersandflush
lavatories.Thelatter shallnotopendirectlyontotheworkrooms.The
washbasinsmusthavehotandcoldrunningwaterorwaterpremixedto
asuitabletemperature(fromapremixingtap),materialsforcleaningand
disinfectingthehandsanddisposablehandtowels;thewashbasinsmust
benearthelavatoriesandmustnothavehand-operatedtaps;
(j) facilitiesmeetinghygienerequirementsfor:
— handlingfreshmeatandmeatproducts,
— storing the containers used for these products in such a way that
neitherthefreshmeatormeatproductnorthecontainerscomeinto
directcontactwiththeground;
(k) proper equipment for protection against pests such as insects and
rodents;
(l) aroomforfinalpackagingandfordispatch;(m) special air- and water-tight non-corrodible containers, with lids and
fasteners to prevent access by unauthorized persons, for fresh meat,
meat products or trimmings thereof not intended for human consump-
tion, or a lockable room for such meat, meat products or trimmings if
theyare insufficiently large quantities to necessitate thisorif theyare
notremovedordestroyedattheendofeachworkingday;
(n) aroomforthestorageofcleaningandmaintenancetoolsandproducts;(o) aroomforcleaningbothmaintenanceandcleaningequipment.
2. Dependingonthetypeofproductinvolvedtheestablishmentmusthave:
(a) acuttingroom;1977L0099—EN—07.07.1981—003.001—11
▼B
(b) aroom:
— for cooking; equipment for heat treatment must be fitted with a
recordingthermometerortelethermometer,
— forretorting;theretortsmustbefittedwitharecordingthermometer
ortelethermometer,andadirect-readingcontrolthermometer;
(c) aroomfortherenderingdownoffats;(d) aroomforsmoking;
(e) aroomfordryingandmaturing;
(f) aroomfordesalting,soakingorotherwisetreatingnaturalguts;(g) a curing room, if necessary with air-conditioning facilities enabling a
temperaturenotexceeding+10ºCtobemaintained;
(h) aroom,ifnecessarywithair-conditioningfacilities,forslicingorcutting
and for the wrapping of meat products intended for sale in pre-packed
form;
(i) astoreroomforemptycansandadeviceforconveyingsuchcanshygie-
nicallytotheworkroom;
(j) anapparatusenablingcanstobethoroughlycleanedimmediately before
filling;
(k) an apparatus for washing cans in potable water after they are hermeti-
callysealedandbeforeretorting;
(l) facilities for the incubation ofsamples of meat products in hermetically
sealedcontainers.
However,providedthattheequipmentusedcanhavenodeleteriouseffecton
thefreshmeatandmeatproducts,thesameroommaybeusedfortheopera-
tions to be carried out in the separate rooms referred to in (b), (c), (d) and(e).
3. Theroomsreferredtoin1(a)and2(b)to(i)musthave:
— waterproofflooringwhichiseasytocleananddisinfect,rotproofandlaid
insuchawayastofacilitatethedrainingofwater,
— smoothwallswithlight-colouredwashablecoatingorpaintuptoaheight
ofatleast2mandwithroundedanglesandcorners.
4. Theroomsreferredtoin1(d)and2(a)mustcomprise:
— waterproof flooring which is easy to clean and disinfect, rotproof, and
laid in such a way as to facilitate the draining of water; the water must
bechannelledundercovertowardsdrainsfittedwithtrapsandgratings,
— smoothwallswithlight-colouredwashablecoatingorpaintuptostorage
heightandatleastupto2mandwithroundedanglesandcorners.
5. Roomswhereworkonfreshmeatandmeatproductsisundertakenmusthave
atleast:
— adequateventilationandifnecessary,goodextractionofsteam,
— adequatenaturalorartificiallightingwhichdoesnotdistortcolours;— equipment, which must be as near as possible to the work stations, for
cleaninganddisinfectinghandsandworkingmaterials. Tapsmaynotbe
hand-operable.Forwashinghands,thesefacilitiesmusthavehotandcold
running water or water premixed to a suitable temperature (from a
premixing tap), cleaning and disinfecting products and disposable hand
towels.Forcleaningtools,thetemperatureofthewatermustbenotless
than+82ºC,
— instruments and working equipment such as cutting tables, tables with
detachable cuttingsurfaces,containers,conveyorbeltsandsaws,ofnon-
corrodible material, not liable to taint meat and easy to clean and disin-
fect.Theuseofwoodinparticularisforbidden.
CHAPTERII
HYGIENE REQUIREMENTSFOR STAFF, ROOMS, EQUIPMENT AND
INSTRUMENTSINESTABLISHMENTS
6. The highest possible standard of cleanliness shall be required of staff,
rooms,equipmentandinstruments.
(a) All persons entering rooms in which work on fresh meat and meat
products is undertaken must, in particular, wear clean, light-coloured
andeasy-to-washworkingclothesandheadgear with,wherenecessary,
a neck shield. Staff engaged in manufacture shall wash and disinfect
their hands several times during each working day, each time they
resume work, and when their hands have been soiled. Smoking shall
beforbiddeninworkroomsandstorerooms.1977L0099—EN—07.07.1981—003.001—12
▼B
(b) No animals shall be allowed inside the establishment. Rodents, insects
andanyotherverminmustbesystematicallydestroyed.
(c) Equipment and instruments used in manufacture must be carefully
cleaned and disinfected several times during each working day, at the
end of the day's work and before being used again, if they have been
contaminated.
However,continuousproductionmachinesshouldonlybecleanedwhen
workhasbeenfinishedorincaseswherecontaminationissuspected.
7. Rooms, instruments and working equipment must be used only for the
preparationofmeatproducts.
However, they may be used for the preparation of other foodstuffs either
simultaneously or at different times following authorization by the compe-
tent authority, provided that all appropriate measures are taken to prevent
contaminationoradversechangesintheproductscoveredbythisDirective.
8. Freshmeatandmeatproducts,theiringredientsandcontainersshallnot:
— comeintodirectcontactwiththeground,
— be deposited or handled under conditions which might contaminate
them.
Caremustbetakentoensurethatthereisnocontactbetweenrawmaterials
andfinishedproducts.
9. Whiletheyareinuse,theroomsreferredtoin2(g)and(h)mustbekeptat
atemperaturenotexceeding+10ºC.
10. The temperature laid down in 9 may be disregarded if the competent
authorityagreesandifitconsidersitpermissibletodosoinordertofulfil
technicalconditionsofpreparation.
11. Cansandsimilarcontainersmustbethoroughlycleanedimmediatelybefore
fillingbymeansofthecleaningapparatusreferredtoin2(j).
12. Ifnecessary, cansandsimilar containers mustbewashedinpotable water,
after they are hermetically sealed and before retorting, by means of the
apparatusreferredtoin2(k).
13. Productsformaintenance andcleaningmustbekeptinroomsprovidedfor
thispurpose.
14. The use of detergents, disinfectants and pesticides must not affect the
wholesomenessofthefreshmeatormeatproducts.
15. Potable water must be used for all purposes including in the retorts.
However, non-potable water may in exceptional cases be used in closed
circuit for steamproduction, fire-fighting and the cooling of refrigeration
equipment, provided that the pipes installed for this purpose preclude the
useofthiswaterforotherpurposes.
16. Persons who may contaminate fresh meat and meat products shall be
prohibitedfromworkingonorhandlingthem,inparticular,persons:
(a) sufferingfromorsuspectedofsufferingfromtyphoidfever,paratyphoid
AandB,infectious enteritis (salmonellosis),dysentery,infective hepa-
titis,scarletfever,orwhoarecarriersofthesediseases;
(b) sufferingfromorsuspectedofsufferingfrominfectioustuberculosis;
(c) sufferingfromorsuspectedofsufferingfromaninfectiousskindisease;
(d) exercising at the same time an activity which might cause microbial
contaminationofthefreshmeatormeatproducts;
(e) wearing a bandage on the hands, other than a waterproof dressing
protectinganon-infectedwound.
17. Amedicalcertificate shallberequiredfromeverypersonworkingonfresh
meat or meat products. It shall attest that there is no impediment to such
employment; it shall be renewed annually and each time the competent
authoritysorequests;itshallbekeptatthedisposalofthelatter.
CHAPTERIII
REQUIREMENTSFOR FRESH MEATTO BE USEDFOR THEMANU-
FACTUREOFMEATPRODUCTS
18. Freshmeatwhichcomesfromaslaughterhouse,cuttingestablishment,cold
storeoranotherprocessingestablishment inthesamecountryastheestab-
lishment concerned must be transported to it under satisfactory sanitary
conditions in accordance with the provisions of the Council Directives
referredtoinArticle2(1)(b)exceptthoseonsealing.1977L0099—EN—07.07.1981—003.001—13
▼B
19. Meat which doesnot comply with the conditions ofArticle 2(1) (c) may,
beheldinapprovedestablishmentsonlyifstoredinseparateplaces;itmust
beusedinotherplacesoratothertimesthanmeatwhichdoescomplywith
theseconditions.Thecompetentauthoritymustatalltimeshavefreeaccess
tocoldstoresandtoallworkroomsinordertoverifystrictobservanceof
theseprovisions.
20. As soon as it arrives at the establishment and until it is used, fresh meat
intended for the manufacture of meat products must be stored in a room
whereitiskeptataconstantinternaltemperatureofnotmorethan+7ºC;
however, for offal the temperature shall be not more than + 3 ºC and forpoultrymeatnotmorethan+4ºC.
CHAPTERIV
SUPERVISIONOFPRODUCTION
21. Establishmentsshallbesubjecttosupervisionbyacompetentauthoritywho
mustbegivenduenoticebeforeworkonmeatproductsintendedforintra-
Communitytradeisundertaken.
22. Constantsupervisionbythecompetentauthorityshallincludethefollowing:
— inspection of the entry and exit register for fresh meat and meat
products,
— sanitary inspection of fresh meat intended for the manufacture of meat
productsforintra-Communitytradeand,inthecasereferredtoinpara-
graph3(b)ofArticle3(1),ofmeatproducts,
— inspectionofmeatproductsondispatchfromtheestablishment;
— fillinginandissuingthehealthcertificateprovidedforin34,— verificationofthecleanlinessofthepremises,facilitiesandinstruments
andofstaffhygieneasprovidedforinChapterII,
— takingofanysamplesrequiredforlaboratorytests,
— any supervision measures considered necessary by the competent
authoritytoensurecompliancewiththisDirective.
Theresultsofsuchtestsshallberecordedinaregister.
23. In the manufacture of meat products in hermetically sealed containers the
competentauthoritymustensurethat:
— the producer samples the daily output, at intervals determined in
advance,toensuretheefficacyofthesealing,
— the producer uses control markers to check that the containers have in
factundergonesuitableheattreatment,
— productsinhermeticallysealedcontainersareremovedfromtheheating
equipmentatasufficientlyhightemperaturetoensurerapidevaporation
ofhumidityandarenottouchedbyhanduntilcompletelydry.
24. The results of the various processing controls and tests carried out by the
producer must be kept for presentation on request to the competent
authority.
CHAPTERV
CHECKONTHEEFFECTIVENESSOFTREATMENTS
25. The competent authority must check the effectiveness of the treatment of
meatproducts,ifnecessarybytakingsamples,toensurethat:
— theproductshaveundergonetreatmentasdefinedinArticle2(1)(d),
— the treatment may be considered as complete within the meaning of
Article2(1)(e)orincompleteinaccordancewithArticle2(1)(f).
26. A product has been treated within the meaning of Article 2 (1) (d) when
eitherthea
wvalueislessthan0·97orthecutsurfaceshowsthattheproduct
nolongerhasthecharacteristicsoffreshmeat.
27. Aproducthasundergonecompletetreatment:
(a) if it has undergone heat-treatment in a hermetically sealed container,
when the Fo value exceeds or equals 3·00 or, in Member States in
whichthisvalueisnotcustomarilyappliedwhenthecheckonthetreat-
ment has been carried out by means of a seven-day incubation test at
37ºCora10-daytestat35ºC;
(b) ifithasundergoneatreatmentotherthanthatreferredtoin(a),when:
(i) theawvaluedoesnotexceed0·95andthepHdoesnotexceed5·2,
(ii) ortheawvaluedoesnotexceed0·91,
(iii) orthepHvalueislessthan4·5.1977L0099—EN—07.07.1981—003.001—14
▼B
Iftheconditionsreferredtoin(a)and(b)arenotfulfilledinthetreatment,
theproductshallberegardedashavingundergoneincompletetreatment.
CHAPTERVI
WRAPPINGANDPACKAGINGOFMEATPRODUCTS
28. Wrappingandpackagingmusttakeplaceundersatisfactoryhygieniccondi-
tionsinroomsintendedforthispurpose.
29. Wrapping and packaging must comply with all rules of hygiene, including
thefollowing:
— it must not be such as to alter the organoleptic characteristics of the
meatproducts,
— it must not be capable of transmitting to the meat products substances
harmfultohumanhealth,
— itmustbestrongenoughtoprotectthemeatproductsadequately.
30. Wrappings may not be re-used for meat products, with the exception of
certain special types of earthenware which may be re-used after cleaning
anddisinfecting.
CHAPTERVII
HEALTHMARKING
31. Meatproductsmustbemarked.Thismarkingmustbecarriedoutunderthe
responsibilityofthecompetentauthorityduringorimmediatelyaftermanu-
factureinaneasilyvisibleplace.Themarkmustbelegible,indelibleandits
characterseasilydistinguishable.
32. However:
(a) where the meat product is individually wrapped and packaged, it shall
sufficeforthehealthmarktobeputonthepackaging;
(b) wherethemeatproductsaretobedispatchedinasecondcontainerthe
markmustalsobeputonthatsecondcontainer;
(c) thehealthmarkingmayalsoconsistofanirremovablediscofresistant
material complying fully with hygiene requirements and bearing the
informationspecifiedin33(a).
33. (a) The health mark must give the following particulars within an oval
surround:
— above:
theinitial(s)oftheexportingcountryincapitals,i.e.B—D—DK
►A1—E◄—F—IRL—I—L—NL—UK,followedby
theapprovalnumberoftheestablishment;
— below:
oneofthefollowingsetsofinitials:CEE—EEG—EWG—EEC
—EØF►A1—EOK ◄.
(b) Thehealthmarkmaybeappliedtotheproduct,wrappingorpackaging
byinkingorbranding,oritmaybeprintedonorappliedtoalabel.The
mark must be destroyed when the package is opened. Non-destruction
of this mark may be tolerated only when the package is destroyed on
beingopened.
CHAPTERVIII
HEALTHCERTIFICATE
34. The original copy of the health certificate which must accompany meat
products during their transportation to the country of destination must be
issuedbythecompetentauthorityatthetimeofloading.
ItmustcorrespondinformandcontenttothemodelinAnnexB.Itmustbe
writtenatleastinthelanguage(s)ofthecountryofdestinationandmustbe
supplementedbytheparticulars specified.Itmustbedrawnuponasingle
sheetofpaper.
CHAPTERIX
STORAGEANDTRANSPORT
35. Meat products intended for intra-Community trade must be stored in the
premisesreferredtoin1(a).
36. Meatproductsforwhichcertainstoragetemperaturesareindicatedinaccor-
dancewithArticle4mustbemaintainedatthesetemperatures.1977L0099—EN—07.07.1981—003.001—15
▼B
37. Meat products must be dispatched in such a way that they are adequately
protectedduringtransportation fromanythingwhichmaydedetrimental to
themorcontaminatethem,takingintoaccountthelengthofthejourney,the
meansoftransportandtheweatherconditions.
38. Meat products must be transported in vehicles equipped to enable them to
be transported when necessary under refrigeration, the temperatures indi-
catedinaccordancewithArticle4notbeingexceeded.1977L0099—EN—07.07.1981—003.001—16
▼B
ANNEX B
1977L0099—EN—07.07.1981—003.001—17
▼B
1977L0099—EN—07.07.1981—003.001—18