Proposal for a Council Directive amending Directive 77/99/EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin

(95/C 192/05)

(Text with EEA relevance)

COM(95) 185 final

(Submitted by the Commission on 19 May 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 77/99/EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin (1), as last amended by Directive 92/118/EEC (2), and in particular Article 19 thereof,

Having regard to the proposal from the Commission,

Whereas certain aspects of the Annex to Directive 77/99/EEC should be adopted in order to take account of technological progress in the meat processing sector and in order to bring technical requirements into line with current practices;

Whereas it is therefore necessary to amend the requirements relating to the general conditions for approval of establishments, the general conditions of hygiene applicable to premises, equipment and tools, the special conditions of hygiene for establishments preparing meat products, the requirements for the wrapping, packaging, labelling, health marking, storage and transport of meat products and those relating to the special conditions for meat-based prepared meals and for rendered fats;

Whereas while awaiting definitive measures of simplification of the existing texts, it is necessary to adopt provisional measures allowing to avoid the application of several health marks in meat products containing other products of animal origin,

HAS ADOPTED THIS DIRECTIVE,

Article 1

The Annex to Directive 77/99/EEC is hereby amended as follows:

1. In Annex A, Chapter I, point 2 (e) is replaced by the following text:

'(e) adequate ventilation and, where necessary, good steam and water vapour extraction facilities in order to reduce as much as possible condensation on surfaces such as walls and ceilings or roof linings`

2. In Annex A, Chapter I, the following text is added to point 8:

'for disinfecting equipment and utensils, water of a temperature of not less than 82 °C, or other disinfection methods approved by the competent authority, must be used;`

3. In Annex A, Chapter I, the following text is added to point 12:

'where the presence of the competent authority is infrequent, a lockable device for storage of equipment and materials is sufficient;`

4. In Annex A, Chapter I, point 15 is replaced by the following text:

'15. adequate facilities for cleaning and disinfecting means of transport; with the agreement of the competent authority, facilities not situated in the establishment may be used;`

5. In Annex A, Chapter I, the following point 16 is added:

'16. where desiccation processes require the absence of water for manufacture of the products referred to in Article 2 (b) (iv) certain requirements, in particular those laid down in points 2 (a) and (g) of this Chapter, may be adjusted. At all events, cleaning and disinfecting processes which do not make use of water must be applied in the parts of the establishment concerned, particularly those parts where dry mixing and the filling of the containers intended to hold the products are performed.`

6. In Annex A, Chapter II (A), the last sentence of point 1 is replaced by the following text:

'Cleaning and disinfecting must be performed with a frequency and by means of processes which are in line with the principles set out in Article 7.`

7. In Annex A, Chapter II A, point 5 is replaced by the following text:

'5. Detergents, disinfectants and similar substances must be used in accordance with the manufacturers' instructions in such a way that they do not have adverse effects on the machinery, equipment, raw materials and products.

This use must be followed by thorough rinsing of such instruments and working equipment with potable water except where the competent authority is satisfied that the directions for use of such substances render such rinsing unnecessary.

Products for maintenance and cleaning must be kept in the room or facility provided for in Chapter I (14).`

8. In Annex B, Chapter II, point 4, the penultimate and last paragraphs are replaced by the following text:

'During cutting, slicing and curing operations the rooms where these operations are carried out must be kept at a temperature not exceeding 12 °C.

However, the competent authority may derogate from this requirement where it considers such a derogation justified in the light of the technology used in preparing the meat product, or where it can be shown that the processing operations are such that the raw materials and finished product remain at an appropriate temperature such that their hygiene is assured.`

9. In Annex B, Chapter III, point 3 is replaced by the following text:

'3. The inclusion of other raw materials of animal origin for the manufacture of meat products is authorized provided the said raw materials comply with the requirements laid down in the relevant Community legislation.`

10. In Annex B, Chapter V, the third indent of point 4 is replaced by the following text:

'- for packaging not intended for the final consumer, the date of preparation or a code which can be interpreted by the competent authority allowing the identification of that date.`

11. In Annex B, Chapter VI is replaced by the following text:

'CHAPTER VI

Health mark

1. Meat products must carry a health mark on each sales unit at retail level. Marking must be applied during or immediately after manufacture in the establishment or wrapping centre, in an easily visible place. The mark shall be legible, and its characters easily distinguishable. The health mark may be applied directly to the product or its wrapping or packaging, or to a label affixed to the product, its wrapping or packaging.

The health mark may also consist of an irremovable plate of resistant material, complying with all the hygiene requirements, and in particular the community requirements relating to materials intended to come into contact with foodstuffs.

The health mark must be applied in such a way that its reuse is excluded.

2. By way of derogation from point 1, the health marking of meat products is not necessary:

(a) for meat products in consignments intended for further processing or wrapping in an approved establishment, provided that:

- the said consignments containing the meat products bear the health mark on the external surface,

- the recipient establishment maintains a separate record of the quantities, type and origin of meat products received in accordance with this point,

- the destination and intended use of meat products are clearly indicated on the external surface of the outer packaging;

(b) for meat products which are not wrapped and packaged but sold in bulk by the manufacturer to retail outlets, provided that:

- the health mark is applied to the bulk container carrying the meat products and to the accompanying documents,

- the recipient retail outlets maintain a separate record of the quantities, type and origin of the meat products received in accordance with this point.

3. The health mark must give the following particulars within an oval surround:

(a) either:

- above: the initial letter or letters of the consigning country in printed capitals, i.e.:

B, DK, D, EL, ES, F, IRL, I, L, NL, P, UK, AT, FI, SE, followed by the approval number of the establishment or, in accordance with rules to be adopted under the second indent of Article 17, the rewrapping centre, if necessary accompanied by a code number stating the type of product for which the establishment is approved,

- below: one of the following sets of initials: CEE, EOEF, EWG, EOK, EEC, EEG, ETY;

(b) or:

- above, the name of the consigning country in capitals,

- in the centre, the approval number of the establishment or, in accordance with rules to be adopted under the second indent of Article 17, the rewrapping centre, if necessary accompanied by a code number stating the type of product for which the establishment is approved,

- below, one of the following sets of initials: CEE, EOEF, EWG, EOK, EEC, EEG, ETY.

4. Where a meat product contains other ingredients of animal origin such as fishery products, dairy products or egg products, only one health mark must be applied.`

12. In Annex B, Chapter VII, point 1 is replaced by the following text:

'1. Meat products must be stored in the rooms provided for in Annex B, Chapter I, point 1 (a) or, in the case of meat products which cannot be kept at ambient temperatures, in cold stores as referred to in Article 2 (8) or approved in accordance with other relevant Directives.

Meat products which can be kept at ambient temperatures may be stored in stores of solid construction, easy to clean and disinfect, and approved by the competent authority.`

13. In Annex B, Chapter VII, the following point is added:

'5. The commercial document referred to in Article 3 (A)(9)(b)(i) must accompany meat products during the first stage of marketing; if the meat products are subsequently regrouped and/or rewrapped in a rewrapping centre the necessary rules shall be established in accordance with the second indent of Article 17.`

14. In Annex B, Chapter VIII, B is replaced by the following text:

'B. The operator or manager of an establishment manufacturing meat products in hermetically sealed containers must also check by sampling that:

1. a heat treatment is applied to meat products intended for storing at ambient temperature which is capable of destroying or inactivating pathogenic germs and the spores of pathogenic micro-organisms. A register of manufacturing parameters such as duration of heating, temperature, filling, size of containers, etc., must be kept. The heat treatment apparatus must be fitted with control devices making it possible to check that containers have indeed received an effective heat treatment;

2. empty containers meet Community requirements relating to materials intended to come into contact with foodstuffs;

3. checks on the daily output are carried out at intervals determined in advance, to ensure the efficacy of the sealing. To this end, suitable equipment must be available for examining perpendicular sections or tear down of the seams of the sealed containers;

4. additional checks by sampling are carried out by the manufacturer to ensure that the processed products have undergone adequate heat treatment, by means of:

- incubation tests. Incubation must be performed at 37 °C for seven days or at 35 °C for 10 days, or any other equivalent combination,

- microbiological examination of the contents and the containers in the establishment's laboratory or in another approved laboratory;

5. the necessary checks are carried out to ensure that the cooling water contains a residual level of chlorine after use. Member States may, however, grant a derogation from this requirement if the water fulfils the requirements of Directive 80/778/EEC.`

15. In Annex B, Chapter IX, point 2 (a) is replaced by the following text:

'2. (a) The meat product contained in the prepared meal must, as soon as it has been cooked:

(i) either be mixed as soon as practically possible with the other ingredients; in that event the time during which the temperature of the meat products is between 10 and 60 °C must be kept to a minimum;

(ii) or be refrigerated to 10 °C or less before being mixed with the other ingredients;

Where other preparation methods are applied, these must be approved in accordance with the procedure laid down in Article 20.`

16. In Annex C, Chapter II A, point 2 (a) is replaced by the following text:

'(a) a cold store, unless the raw materials are collected and rendered within the time limits laid down in B(3)(b) and B(3)(c);`.

17. In Annex C, Chapter II B, the words 'for the production of raw materials` are deleted from point 7.

18. In Annex C, Chapter II B, point 8 is replaced by the following text:

'8. Rendered animal fat, depending on type, must meet the following standards:

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Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1996.

They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

2. Member States shall forward to the Commission the text of the essential provisions of national law which they adopt in the area covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 26, 31. 1. 1977, p. 85.

(2) OJ No L 62, 15. 3. 1993, p. 49.