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
Date: 1995-05-19
Institutions: European Commission
Subjects: health control, labelling, marketing, meat processing industry, meat product, product quality

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  19.05.1995 
COM(95)  185 final 

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  animai  origin 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Article  19  of  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^,  provides  that  the 
Annexes  to  the  Directive  may  be  amended  by  the  Council,  acting  by  a  qualified 
majority  on  a  proposal  from  the  Commission,  in  order  to  bring  them  into  line 
with  technological  advance. 

The  purpose  of  this  proposal  is  to  amend  the  provisions  relating  to  the 
conditions : 

for  the  approval  of  establishments; 
concerning  the  hygiene  of  establishments  which  prepare  meat  products,  the 
premises,  equipment  and  tools; 
concerning  the wrapping  and packaging  of meat products; 
for  the  storage  and  transport  of meat products; 
for  the production  of prepared meals  and  rendered  fats. 

Adoption  of  this  proposal  will  simplify  the  procedures  to  be  followed  by 
operators  and  the  competent  authorities  of Member  States, without  lowering  the 
health  standards  provided  for  in the Directive. 

(1) OJ No  L  26,  31.1.1977, p.  85 
(2) OJ  No  L  62, 15.3.1993,  p.  49 

^ 

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 animai  origin 

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 

Art icle 19 thereof, 

Having  regard  to the proposal  from  the Commission^3), 

Whereas  certain  aspects of  the Annex  to Directive 77/99/EEC  should  be adapted 

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, 

(1) OJ No L  26 Of 31. 1.1977, p. 85 
(2) OJ No-L  62 of  15. 3.1993, p. 49 
(3) OJ No C 

2-

Art icle 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  Iockable 

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 

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)(lv) certain  requirements,  in 

particular  those  laid  down  in  points  2(a)  and  (g) of  this  Chapter,  may 

be adjusted.  At  ail  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  11(A),  the  last  sentence  of  point  1  is replaced  by  the 

fol lowing  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  direct ions  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 

fol lowing  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  re-use  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; 

é 

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 - D K - D - E L - E - F-  IRL -  I - L - N L - P - U K - A T - FI  - S E, 

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  -  E0F  -  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  -  E0F  -  EWG  -  EOK  -

EEC -  EEG  -  ETY; 

f 

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  applled.» 

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: 

t 

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  7  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.» 

3 

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: 

Bovines 

Pigs 

Other  animal  fat 

Edible  toi low 

Edible pig fot 

Premier 
jut  (1) 

Other 

Tallow 
for 
refining 

Lard  (2) 

Other 

Lard  and 
other 
pore fat 
for 
refining 

Edible 

For 
refInlng 

1,25 

0,75 

4 meg/kg  : 4 meg/kg 

FFA  (m/mX oleic 
acid) maximum 
Peroxyde maximal 
Moisture  and 
Impurities 
Odor,  taste, 
colour 
(1) Rendered  animal  fat  obtained  by  the  low-temperature  rendering  of  fresh  fat  from  the heart, caul 

3,0 
•  w e q Ag 

normal 

1.25 

0,5% 

0,75 

1,25 

2,0 

: 

4 meg/kg  : 6 meg/kg  : 6 meg A g  : 4 meg/kg  : 10 meg/kg 

3,0 

kidneys  and mesentery  of  bovine animals, and  fat  from cutting  rooms. 

(2) Melted  fat obtained  from  rendering  the adipose  tissues of swine.» 

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  twentieth  day  following  its 

publication  in the Official  Journal  of the European  Communities. 

4f 

Article  4 

This Directive  is addressed  to the Member  States 

Done  at 

For  the Council 

11. 

ISSN 0254-1475 

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