Proposal for a COUNCIL DIRECTIVE amending Directive 77/99/EEC and Directive 92/118/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal origin
Date: 1996-02-22
Institutions: European Commission
Subjects: animal product, health control, marketing, meat processing industry, meat product

A  n  -tr 

COMMISSION  Ob  I Hb  EUROPbAN  COMMUNIIIbS 

Brussels,  22  02.1996 
COM(%) (>X  linal 

96/0048 (CNS) 

Proposal  tor a 

COUNCII.  D[Rb(  IIVI: 

amending 

Directive  77/99/EEC  and  Directive  92/118/EEC with regard  to the  rules  applicable  to 

minced  meat,  meat  preparations  and certain  other  products  of  animal  origin 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

On  10  February  1992,  the  Council  adopted  Directive  92/5/EEC  amending  and  updating 
Directive  77/99/EEC  on  health  problems  affecting  the  production  and  marketing  of  meat 
products  and certain other  products of animal origin(1). That  Directive  provides for the use of 
meat  as  referred 
in  the  preparation  of  meat  products. 
Directive  88/657/EEC  has  been  repealed  with  effect  from  1 January  1996  and  replaced  by 
Council  Directive  94/65/EC  of  14 December  1994  laying  down  the  requirements  for  the 
production  and  placing  on the  market  of  minced  meat  and meat  preparations^).  In order  to 
ensure  legal  certainty,  therefore,  references  to the  said  Directives  should  be amended. 

in  Directive  88/657/EEC 

to 

Moreover,  it  seems  appropriate  to  delete  those  rules  which  are  of  a  restricted  nature  and 
currently  superfluous 

Furthermore, given the special nature of the preparation of stomachs, bladders and intestines, 
health rules  must be applied to them outside Directive  77/99/EEC. It is therefore  proposed to 
those  products. 
include 
Directive  92/118/EEC  must  consequently  be amended. 

in  Directive  92/118/EEC 

rules  applying 

the  health 

to 

The adoption  of this proposal will give greater  legal certainty  and, at the same time,  simplify 
the  procedures  for  stomachs,  bladders  and intestines without  lowering the  health  standards 
laid down  by the  Directive. 

(1) OJNo  L57,  2.3.1992,  p. 1 
(2) OJ No L 368, 31.12.1994,  p. 10. 

I 

Proposal for a 

COUNCIL  DIRECTIVE 

of 

amending 

Directive  77/99/EEC  and Directive 92/118/EEC with regard to the rules applicable to 

minced meat,  meat  preparations  and certain other  products  of animal  origin 

THE  COUNCIL  OF THE  EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article  43 

thereof, 

Having  regard  to the proposal  from  the Commission(1), 

Having  regard  to the  opinion  of the  European  Parliament^), 

Having  regard  to the  opinion  of the  Economic  and Social Committee(3), 

Whereas  Council  Directive  77/99/EEC  on  health  problems  affecting  the  production  and 

marketing  of  meat  products  and certain  other  products  of animal origin, updated  by Council 
Directive  92/5/EEC  of  10 February  1992(4),  and  last  amended  by  the  Act  of  Accession  of 

Austria,  Finland  and  Sweden,  provides  for  the  possibility  of  using  meat  as  referred  to  in 

Article  2 of  Directive  88/657/EEC  in the  preparation  of  meat  products; 

Whereas  Directive  88/657/EEC  has  been  repealed  with  effect  from  1 January  1996  and 

replaced by Council Directive  94/65/EC of 14 December  1994 laying down the  requirements 
for  the  production  and  placing  on  the  market  of  minced  meat  and  meat  preparations!5), 

whereas,  in  order  to  ensure  legal  certainty,  references  to  the  said  Directives  should  be 

amended  accordingly; 

0 

(3) 
(4)OJ  NOL57,  2 3.1992,  p. 1. 
(5) OJ No L368,  31.12.1994,  p.  10 

3 

Whereas,  furthermore,  given  the  special  production  conditions  for  stomachs,  bladders  and 

intestines, arrangements other than those previously laid down by Directive  77/99/EEC should 

be  applied to them  and they  should  be included  in Annex  II to  Directive  92/118/EEC; 

Whereas  those  provisions  which,  because  of  their  temporary  nature,  are  now  out  of  date 

should  be deleted from  Directive  77/99/EEC, 

HAS ADOPTED  THIS  DIRECTIVE: 

Directive  77/99/EEC  is hereby  amended  as follows: 

Article  1 

1.  Article  2(b)(vi)  is deleted. 

2.  In the fifth  indent  of Article  2(d), the  reference  to  «Directive  88/657/EEC»  is replaced  by 

«Directive  94/65/EC». 

3.  Article  3(A)(9)  is amended  as follows: 

(a)  Paragraph  (a)  is deleted. 

(b)  The  words  «(b)  from  1 July  1993»  are  deleted 

(c)  Point  (i)  becomes  point  (a)  and  point  (ii)  becomes  point  (b) 

4.  In  Article  13(1 )(c),  the  words  «until  1 July  1993.  the  health  certificate  provided  for  in 

Annex  D» are  deleted 

5.  In  the  final  subparagraph  of  Article  13(1),  the  reference  to  «Directive  88/657/EEC»  is 

replaced  by  a reference  to  «Directive  94/65/EC» 

6.  In 

the 

first 

indent  of  point  2  of  Chapter  III  of  Annex  B, 

the 

reference 

to 

«Directive  88/657/EEC»  is replaced  by a reference  to  «Directive  94/65/EC». 

7.  Chapter  III of Annex  C is deleted 

k 

Article 2 

The following  indent  is added to Chapter  2 of Annex  II to  Directive  92/118/EEC: 

«-  the  preparation,  placing on the market  and import  of stomachs,  bladders  and  intestines, 

cleaned,  salted or dried, and/or  heated.» 

1.  Member  States  shall bring  into force  the  laws, regulations  and  administrative  provisions 

necessary  to comply  with this  Directive  before  1 June  1996 

Article  3 

They  shall immediately  inform  the Commission  thereof. 

When these measures  are adopted by the Member  States, they shall contain a reference 

to  this  Directive  or  shall  be accompanied  by  such  a reference  when  officially  published. 

The  methods  of making  such  a reference  shall  be  laid down  by the  Member  State 

2.  Member  States  shall  forward  to  the  Commission  the  texts  of  the  main  provisions  of 

national  law which they  adopt  in the field  covered  by this  Directive. 

This  Directive  shall enter  into force  on the day  of  its publication  in the Official Journal of the 

European  Communities. 

Article 4 

This  Directive  is addressed  to the  Member  States 

Article  5 

Done  at Brussels, 

For  the  Council 

5 

ISSN 0254-1475 

COM(96) 68 final 

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