Council Directive 97/76/EC of 16 December 1997 amending Directive 77/99/EEC and Directive 72/462/EEC with regard to the rules applicable to minced meat, meat preparations and certain other products of animal origin
Date: 1997-12-16
Institutions: Council of the European Union
Subjects: health control, health legislation, marketing standard, meat, meat product, offal

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COUNCIL DIRECTIVE 97/76/EC

of 16 December 1997

amending Directive 77/99/EEC and Directive 72/462/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,

HAS ADOPTED THIS DIRECTIVE:

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

Article 1

Having regard to the proposal from the Commission,

Having regard to the opinion of
liament (1),

the European Par-

Having regard to the opinion of the Economic and Social
Committee (2),

Whereas Council Directive 77/99/EEC of 21 December
1976 on health problems affecting the production and
marketing of meat products and certain other products of
animal origin (3), updated by Directive 92/5/EEC (4)
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Whereas Directive 88/657/EEC has been repealed with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
Directive 88/657/EEC should be amended accordingly;

Whereas those provisions which, because of their tem-
porary nature, are now out of date should be deleted from
Directive 77/99/EEC;

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

1. In the fifth indent of Article 2(a)(ii) and 2(d),

the
reference to Directive 88/657/EEC shall be replaced by
a reference to Directive 94/65/EC.

2. In Article 3:

(a) the second indent of point A.1 shall read ‘— in

accordance with Article 9(1) . . .’;

(b) the following subparagraph shall be added to point

A.1:

‘or, which have been registered and inspected in
accordance with Article 9(2)’;

(c) point A.9 shall be amended as follows:

— paragraph (a) shall be deleted,

— the words ‘(b)

from 1 July 1993’ shall be

deleted,

— point (i) shall become point (a) and point (ii)

shall become point (b).

3. Article 9(2) shall be amended as follows:

‘2. Member States may extend the derogation
provided for in paragraph 1 to the establishments
referred to in Article 4, section A, point (a)(i), and
sections C, D and E of Directive 64/433/EEC, on the
understanding that the processing of products in those
establishments must meet the other requirements of
this Directive’.

furthermore, given the special production
Whereas,
conditions for stomachs, bladders and intestines, arrange-
ments other than those previously laid down by Directive
77/99/EEC should be applied to them; whereas a rea-
sonable time limit should be laid down for the Member
States to comply with these new arrangements both with
regard to their national production and their imports
from third countries,

4. In Article 13(1)(c), the words ‘until 1 July 1993, the
health certificate provided for in Annex D’ shall be
deleted.

5. In the final subparagraph of Article 13(1), the reference
to Directive 88/657/EEC shall be replaced by a
reference to Directive 94/65/EC.

(1) OJ C 341, 5. 12. 1994, p. 206.
(2) OJ C 397, 31. 12. 1994, p. 37.
(3) OJ L 26, 31. 1. 1997. Directive as last amended by Directive

95/68/EC (OJ L 332, 30. 12. 1995, p. 10).

(4) OJ L 57, 2. 3. 1992, p. 1.
(5) OJ L 368, 31. 12. 1994, p. 10.

6. Article 21 shall be deleted.

7. In the first and second indents of point 2 of Chapter
III of Annex B, the reference to Directive 88/657/EEC
shall be replaced by a reference to Directive 94/65/EC.

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8. The fifth indent of point 4 of Chapter V of Annex B

They shall immediately inform the Commission thereof.

shall be worded as follows:

‘— Where the legislation of a Member State authorises
the use of starch or of proteins of animal or veg-
etable origin for other than technological purposes,
a reference to such use in connection with the
sales description’.

9. Chapter III of Annex C shall be replaced by the text

appearing in the Annex to this Directive.

Article 2

the date
In Article 21b of Directive 72/462/EEC (1),
‘31 December 1997’ in the second subparagraph shall be
replaced by ‘31 December 1998’.

Article 3

On the basis of a Commission report, accompanied by
any relevant proposals on which the Council will decide
by a qualified majority,
shall, before
31 December 2001, re-examine the provisions laid down
in the Annex, with a view to re-examining the conditions
governing the establishments from which the intestines
originally came.

the Council

Article 4

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive before 1 January 1999.

When the measures referred to in the first paragraph are
adopted by the Member States,
they shall contain a
reference to this Directive or shall be accompanied by
such a reference on the occasion of their official publica-
tion. The methods of making such a reference shall be
laid down by the Member States.

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.

Article 5

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

Article 6

This Directive is addressed to the Member States.

Done at Brussels, 16 December 1997.

For the Council

The President

F. BODEN

(1) OJ L 302, 31. 12. 1972, p. 28. Directive as last amended by

Directive 96/91/EC (OJ L 13, 16. 1. 1997, p. 26).

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ANNEX

‘CHAPTER III

Conditions governing the production, placing on the market and import of cleaned, salted or
dried and/or heated stomachs, bladders and intestines

In addition to the conditions in Annex A and Chapter II of Annex B, establishments treating stomachs,
bladders and intestines must comply with the following conditions:

1. raw materials must come from animals which, following ante-mortem and post-mortem inspection have

been judged suitable for human consumption;

2. products which cannot be kept at ambient temperature must be stored until their dispatch in premises
intended for that purpose. In particular, products which are not salted or dried must be kept at a temper-
ature of less than 3 HC;

3. raw materials must be transported from the slaughterhouse of origin to the establishment under satis-
factory hygiene conditions and, where appropriate in the light of the period between slaughter and the
collection of the raw materials, refrigerated. Vehicles and containers for transporting such materials must
have smooth internal surfaces that are easy to wash, clean and disinfect. Vehicles for refrigerated transport
must be designed in such a way that the required temperature can be maintained throughout the period
of transport;

4. premises must be provided for the storage of wrapping and packaging materials;

5. wrapping and packaging must take place under hygienic conditions in a room or in a place intended for

that purpose;

6. the use of wood is forbidden; however, the use of wooden pallets is authorised for the transport of the

containers of the products concerned.’