COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)381 final 
Brussels, 4 September 1991 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
laying down health rules for the 
protection and placing on the market of 
fresh poultry meat 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
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Explanatory Memorandum 
On 12 February 1990 the Commission submitted to the Council a proposal for a 
Council Regulation laying down health rules for the production and placing on 
the market of fresh poultry meat^1*. 
As a result of the opinion delivered by the European Parliament at its meeting 
of 12.06.1991, the Commission has decided, in accordance with Article 149 (3) 
of the Treaty, to amend its original proposal. 
(1) 0J No. C 84, 2.04.1990, p.71 
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Amendment to the proposal for a Council Regulation (EEC) 
laying down health rules for the 
protection and placing on the market of 
fresh poultry meat 
On 12 February 1990 the Commission submitted the above proposal to the 
Council. Following the opinion of the European Parliament delivered at its 
sitting of 12 June 1991, the original proposal is amended as follows: 
1. The fifth recital is replaced by the following: 
"Whereas the official veterinarians are responsible for ensuring that the 
provisions of this Regulation are applied in a slaughterhouse." 
2. After the 5th recital insert the following new recital: 
"Whereas independent checks by the Commission are nevertheless necessary." 
3. Insert the following new recital after the 11th recital: 
"Whereas the ante mortem and post mortem inspection system laid down in 
Chapters V, VII and VIM must be amended on the basis of the results of the 
pilot study funded by the EC and various Member States; whereas uniform 
provisions for implementing the ante mortem inspection, including the 
residue tests, must be laid down before the new procedures take effect;" 
4. Article 2(7) is replaced by the following: 
7. "'assistant' means a trained person officially designated ..." (rest 
unchanged). 
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5. Article 9 is replaced by the following: 
"Veterinary experts from the Commission shall be required to make on-the-
spot checks in order to monitor the application of this Regulation. They 
shall verify whether establishments are actually complying with this 
Regulation. The Commission shall inform the Member States of the results 
of the investigation." 
6. At Article 12 the first part is amended as follows: 
"The rules laid down in Council Directive No. 89/662/EEC of 11 December 
19892 concerning veterinary checks in intra-Community trade with a view 
to the completion of the internal market ...." (rest unchanged). 
7. Article 3(A)(b) is replaced by the following: 
"Come from an animal inspected ante mortem by an official veterinarian, or 
by assistants acting under supervision of an official veterinarian, in 
accordance with Article 4, according to Chapter V or V bis of Annex I and 
be considered, following such inspection, suitable for slaughter for trade 
in fresh poultry meat." 
8. At Article 3(A)(d) the following sentence is added: 
"or have been inspected in accordance with Chapter VII bis of Annex I". 
9. Article 11 is replaced by the following: 
"1) The competent control authority of the Member State can authorize 
specified slaughterhouses, to perform the health inspection referred 
to in Chapter V bis and Chapter VII bis of Annex I. This 
authorisation can be granted in relation to poultry arising from 
flocks taking part in a programme of good husbandry practices approved 
by the competent authority. Slaughter animals that have been 
previously used as breeding animals or for production of eggs must 
undergo the health inspection referred to in Chapters V and VII of 
Annex I. 
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2) Partially eviscerated poultry must: 
a) undergo the health inspection referred to in Chapters V bis and VII 
bis of Annex I 
b) by derogation to Chapter VI, points 35 and 36 of Annex I have the 
intestines removed immediately. 
3) Non-eviscerated poultry must: 
a) undergo the health inspection referred to in Chapter V bis and VII 
bis of Annex I 
b) by way of derogation to Chapter VI, points 35 and 36 of Annex I, be 
stored in the non-eviscerated form at a temperature not exceeding + 
4'C for a maximum of 10 days 
c) before this date, be eviscerated in the slaughterhouse where the 
slaughtering has been performed or in another approved cutting 
plant, fulfilling the requirements of Chapter II, point 14(b)(iii) 
of Annex I 
d) by way of derogation to point a), where the birds undergo a health 
inspection according to Chapter VII of Annex I during the 
evisceration referred to in point C, they can undergo the ante 
mortem health inspection referred to in Chapter V of Annex I 
e) the non-eviscerated poultry cannot bear the health mark referred to 
in Chapter XI of Annex I before the evisceration referred to in 
point c has been performed." 
10. At Chapter II, point 14(b) the following point is added: 
"(Hi) if evisceration is carried out there, a room where non-eviscerated 
poultry, referred to in Article 11(3), is eviscerated." 
11. At Chapter V, point 25 of Annex I, the following sentence is added: 
"Poultry farms are subject to health checks, in particular taking into 
account the results of the examinations for residues and the information 
communicated according to the second sentence of Article 7(1)". 
12. After Chapter V, the following Chapter V bis is inserted: 
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"Chapter V bis, 
Alternative ante mortem health inspection 
at the farm 
31 bis 
a) Poultry intended to undergo the post mortem health inspection referred 
to in Chapter VII bis must undergo an ante mortem inspection performed 
by an official veterinarian in the farm of production in the last 5 days 
of fattening. 
b) This inspection shall comport: 
i) a clinical inspection of the birds present on the premises 
ii) a consultation of a production report established by the responsible 
for the flock, including at least the following data: 
- day of arrival of the birds 
- source of the birds 
- number of birds 
- expected performance of the particular breed 
- daily mortality 
- suppliers of feedingstuffs 
- kind and supplier of feed additives 
- consumption of feedingstuffs 
- examination and diagnostics of the treating veterinarian with, 
eventually, the results of laboratory examinations 
- kind of medicament, date of administration and withdrawal time of 
drugs eventually given to the flock 
- date and kind of vaccines eventually given 
- weight gain 
- previous results of health inspections performed on poultry 
originating from the same farm 
- number of birds sent to the slaughterhouse 
- day intended for slaughter 
Mi) Screening for residues and zoonotic agents in accordance with 
Communitary rules 
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c) The poultry must be accompanied to the slaughterhouse by the health 
attestation referred to in Annex IV and a copy of the production report 
referred to in point b) (ii). 
d) The clinical inspection of the flock can be waived if the herd has 
already been visited in the last 15 days by an official veterinarian, 
inspecting another flock from the same herd, sent to the 
slaughterhouse." 
13. After Chapter VII of Annex 1, the following Chapter VII bis is inserted: 
"Chapter VII bis 
Alternative post mortem 
health inspection 
47 bis 
a) Poultry that have undergone with satisfactory health result, the ante 
mortem health inspection referred to in Chapter V bis can undergo the 
post mortem health inspection referred to in this Chapter. 
b) The official veterinarian must examine: 
i) the identity of the flock. The health attestation referred to in 
Annex IV and the copy of the production report referred to in point 
31 bis (c), and the compliance with animal health rules, 
ii) at the beginning of the slaughtering of one production unit the 
first 60 birds in the first 10 minutes to assess the health status 
of the birds, 
iii) all birds culled following the individual inspection, 
iv) the hygiene of slaughtering operations, 
c) all birds undergo an individual inspection, performed by trained staff 
that, in addition, can be only in charge of quality evaluation and 
trimming, 
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d) without prejudice to Article 7(1), the results of the health inspection 
are communicated to the competent veterinary authority responsible for 
supervision of the flock from which the animals originated and to the 
flock's owner or his representative, who is obliged to keep such 
communications and to present them to the official veterinarian engaged 
in ante mortem inspection at the next shift of production." 
ISSN 0254-1475 
COM(91) 381 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-408-EN-C 
ISBN 92-77-75870-8 
Office for Official Pablicatioiis of the European Communities 
L-2985 Luxembourg