1989H0214 — EN — 01.01.1995 — 001.001

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Amended by:

Official Journal No page date

Amended by:

A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994 (adapted by Council Decision 95/1/EC, Euratom, ECSC) L 001 1 ..

▼B

COMMISSION RECOMMENDATION

of 24 February 1989

on the rules to be followed for inspections carried out in fresh meat establishments approved for the purposes of intra-Community trade

(89/214/EEC)

Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat ( 1 ), as last amended by Directive 88/288/EEC ( 2 ), is designed, in particular, to establish uniform health protection arrangements for meat in establishments handling fresh meat.

In accordance with Article 9 of the Directive, as amended, Commission veterinary experts must inspect facilities and check whether the requirements of the Directive, notably those of Annex I, are complied with, in order to ensure uniform application of its provisions.

Pursuant to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon the importation of bovine animals and swine and fresh meat from third countries ( 3 ), as last amended by Directive 88/289/EEC ( 4 ), and in particular Article 4 thereof, for the purposes of decoding whether establishments located in third countries may be listed as establishments from which the Member States are authorized to import fresh meat, the main consideration must be compliance with the provisions of Annex I to Directive 64/433/EEC.

Detailed interpretation of these technical rules drawn up in collaboration with Member States, are of definite value.

The Commissions' veterinary experts will use this interpretation including any future amendments when inspecting approved establishments in Member States and in third countries.

Such an interpretation entails, through a more specific definition of the terms of the Directive, very rigorous production conditions. Firms in this sector have already been required to invest heavily in major technical changes because of keener competition within the Community and strict rules governing general health matters, consumer and animal protection.

In a sector which has become very sensitive, and given the prospect of adoption of the code provided for in Article 9 (1) of Directive 64/433/EEC, as amended, it will suffice for the time being to invite those working in the field in the private sector and the national authorities to follow the general line of conduct drawn up by the Commission.

For these reasons, pursuant to Article 155 of the Treaty, the Commission recommends that, where fresh meat establishments the production of which may be involved in intra-Community trade are seeking approval, the interpretation of the rules derived from Directive 64/433/EEC, and in particular Annex I thereto, set out in the Annex to this recommendation should be followed.

Done at Brussels, 24 February 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

ANNEX

GUIDELINES FOR EUROPEAN COMMISSION INSPECTIONS OF FRESH MEAT ESTABLISHMENTS

1. During inspections of establishments in the Member States approved for the purposes of intra-Community trade in fresh meat, the definitions in Article 2 of Directive 64/433/EEC (as amended) shall be interpreted as follows:



TEXT OF THE DIRECTIVE Interpretation Article 2 For the purposes of this Directive: (a)‘meat’ means all parts of domestic bovine animals (including buffalo), swine, sheep, goats and solipeds which are suitable for human consumption; Domestic buffalo are included in the group domestic ‘bovine animals’ by definition. All requirements for bovine animals must be observed. (Establishments in third countries approved for the slaughter of bovines need not be separately listed for the slaughter of domestic buffalo. Buffalo may only be slaughtered in establishments listed for bovines.) (b)‘fresh meat’ means meat, including meat vacuum-wrapped or wrapped in a controlled atmosphere, which has not undergone any treatment other than cold treatment to ensure preservation; (c)‘mechanically recovered meat’ means meat obtained by mechanical means from flesh-bearing bones apart from the bones of the head, the extremities of the limbs below the carpal and tarsal joints and, in the case of swine, the coccydeal vertebrae, and intended for establishments approved in accordance with Article 6 of Directive 77/99/EEC; See also Article 5 (b), (exclusion from intra-Community trade) and Article 7 (3) which provides for a Council Decision on hygienic production of mechanically recovered meat and for national rules to continue to apply in the interim, provided that these are in accordance with the Treaty. (d)‘carcase’ means the whole body of a slaughtered animal after bleeding, evisceration and removal of the limbs at the carpus and tarsus, removal of the head, tail and the udder, and in addition, in the case of bovine animals, sheep, goats and solipeds, after flaying; Offals (including pig and sheep heads and pigs' feet), need not be physically separated from the carcase provided that it is possible to complete the post-mortem inspection in accordance with Chapter VII of Annex I. (e)‘offal’ means fresh meat other than that of the carcase as defined in (d), even if it remains naturally connected to the carcase; (f)‘viscera’ means offal from the thoracic, abdominal and pelvic cavities, including the trachea and oesophagus; (g)‘official veterinarian’ means the veterinarian designated by the competent central authority of the Member State; It must be ensured that the official veterinarian can enforce his professional judgement without interference from plant management. The official veterinarian must enjoy a status guaranteeing his impartiality towards those running the establishment. (h)‘exporting country’ means the Member State from which fresh meat is sent to another Member State; (i)‘country of destination’ means the Member State to which fresh meat is sent from another Member State; (j)‘means of transport’ means the freight-carrying parts of motor vehicles, rail vehicles and aircraft and the holds of ships or containers for transport by land, sea or air; ‘Freight’ includes livestock. (k)‘establishment’ means an approved slaughterhouse, an approved cutting plant or an approved store; Approved in accordance with Article 8.1. (l)‘wrapping’ means the protection of fresh meat by the use of an initial wrapping or initial container in direct contact with the fresh meat concerned as well as the initial wrapper or initial container itself; (m)‘packaging’ means the placing of wrapped fresh meat in a second container as well as the latter container itself.

2. During inspections of establishments in the Member States approved for the purposes of intra-Community trade in fresh meat, the Annexes to Council Directive 64/433/EEC (as amended) shall be interpreted as follows:



( 1 ) OJ No 121, 29. 7. 1964, p. 2012/64.

( 2 ) OJ No L 124, 18. 5. 1988, p. 28.

( 3 ) OJ No L 302, 31. 12. 1972, p. 28.

( 4 ) OJ No L 124, 18. 5. 1988, p. 31.