Commission Regulation (EC) No 1244/2007 of 24 October 2007 amending Regulation (EC) No 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and laying down specific rules on official controls for the inspection of meat (Text with EEA relevance)
Date: 2007-10-24
Institutions: European Commission
Subjects: food inspection, food safety, meat, research method

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1244/2007

of 24 October 2007

amending Regulation (EC) No 2074/2005 as regards implementing measures for certain products of
animal origin intended for human consumption and laying down specific rules on official controls
for the inspection of meat

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

852/2004 of the European Parliament and of the Council
and amending Regulations
(EC) No 853/2004 and
(EC) No 854/2004 (4).

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 854/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific rules
the organisation of official controls on
products of animal origin intended for human consumption (1),
and in particular Article 16 and Article 18(3),
(7) and (12)
thereof,

for

Whereas:

(1)

(2)

the

(EC) No

854/2004,

Regulation (EC) No 853/2004 of
European
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (2),
Regulation
Regulation
(EC) No 882/2004 of the European Parliament and of
the Council of 29 April 2004 on official controls
performed to ensure the verification of compliance
with feed and food law, animal health and animal
and
welfare
requirements regarding food of animal origin and the
official controls required.

lay down the health rules

rules (3)

and

certain

products

Implementing rules for those Regulations are laid down
in Commission Regulation (EC) No 2074/2005 of
5 December 2005 laying down implementing measures
Regulation
for
(EC) No 853/2004 of the European Parliament and of
the Council and for the organisation of official controls
under Regulation (EC) No 854/2004 of the European
Parliament
and Regulation
(EC) No 882/2004 of the European Parliament and of
the Council, derogating from Regulation (EC) No

the Council

under

and

of

(1) OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004,
amended by Council Regulation

p. 83. Regulation as
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

last

(2) OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004,
Regulation

Regulation

amended

last

by

as

22.

p.
(EC) No 1791/2006.

(3)

(4)

(5)

(6)

In accordance with Regulation (EC) No 854/2004, the
competent authority may decide that the official veter-
inarian need not be present at all times during post-
mortem inspections in certain slaughterhouses or game
handling establishments identified on the basis of a risk
analysis. In such cases, an official auxiliary is to perform
the post-mortem inspection, which might contribute to
reducing the financial burden for establishments with a
low throughput.

The criteria for such derogations should be determined
on the basis of a risk analysis.
In particular, estab-
lishments carrying out discontinuous slaughter or game
handling activities fulfil a social and economic function
in rural communities. It should therefore be possible for
those establishments to benefit from such derogations
provided that they comply with the legal and hygiene
requirements.

In accordance with Regulation (EC) No 854/2004 the
competent authority may decide that
fattening pigs
housed under controlled housing conditions in integrated
production systems since weaning need only undergo
visual inspection. More specific requirements should be
laid down for the conditions under which such reduced,
but risk-based meat
inspection procedures should be
allowed.

On 24 February 2000,
the Scientific Committee on
Veterinary Measures relating to Public Health adopted
an opinion on ‘Revision of meat inspection procedures’,
which deals with the general principles relating to meat
inspections.
inspection
It concludes that current meat
systems can be improved when supplemented with infor-
mation from the complete production chain, use of the
Hazard Analysis, Critical Control Point (HACCP) prin-
ciples in the slaughter plant and microbiological moni-
toring of faecal indicator organisms.

(3) OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004,
p. 1. Regulation as last amended by Regulation (EC) No 1791/2006.

(4) OJ L 338, 22.12.2005, p. 27. Regulation as amended by Regulation

(EC) No 1664/2006 (OJ L 320, 18.11.2006, p. 13).

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On 20 and 21 June 2001, the Scientific Committee on
Veterinary Measures relating to Public Health adopted an
opinion on ‘Identification of species/categories of meat-
in integrated production systems
producing animals
inspection may be revised’.
It concludes
where meat
that there are already a number of production systems
in Member States where the criteria for application of a
simplified meat inspection system are fulfilled.

On 14 and 15 April 2003, the Scientific Committee on
Veterinary Measures relating to Public Health adopted an
opinion on ‘Revision of meat inspection in veal calves’,
which states that visual inspection of veal calves reared in
integrated systems is sufficient for routine inspection, but
that as
long as bovine tuberculosis has not been
eradicated, surveillance for bovine tuberculosis should
be maintained in bovine animals at both holding and
abattoir levels.

(13) On 27 and 28 September 2000, the Scientific Committee
on Veterinary Measures relating to Public Health adopted
an opinion on ‘The control of taeniosis/cysticercosis in
man and animals’. It specifies the prerequisites necessary
to ensure cysticercosis-free conditions.

(14) On 26 and 27 January 2005,

the EFSA adopted an
opinion on ‘The risk assessment of a revised inspection
of slaughter animals in areas with low prevalence of
Cysticercus’. It emphasises the need for risk profiling of
the different calf production systems. Simplified post-
mortem inspection can be applied for calves coming
from integrated production systems previously assessed
as of low-risk profile.

(15)

Based on those scientific opinions the conditions for a
reduced, but risk-based meat
inspection procedure of
ruminants of a young age should be laid down.

(7)

(8)

(9)

On 26 November 2003,
the European Food Safety
Authority (EFSA) adopted an opinion on ‘Tuberculosis
in bovine animals: risks for human health and control
strategies’, which concludes that efficient post-mortem
examination of specified lymph nodes and of the lungs
represents an important element of national bovine
tuberculosis eradication programmes, as well as being
an
inspection
programmes aimed at the protection of human health.

veterinary meat

integral

part

of

(10) On 1 December 2004, the EFSA adopted an opinion on
‘Revision of meat inspection for beef raised in integrated
production systems’, which states that the incision of
lymph nodes should continue as part of a revised post-
mortem meat inspection system in order to be able to
detect tuberculous lesions.

(11) On 18 May 2006, the EFSA adopted an opinion on ‘An
the public and animal health risks as-
assessment of
sociated with the adoption of a visual
inspection
system in veal calves raised in a Member State (or part
of a Member State) considered free of bovine tuber-
culosis’.
It states that in case of veal calves reared in
integrated production units and in officially bovine tuber-
culosis-free herds, post-mortem inspection can be
restricted to observation and palpation of lymph nodes.

(16)

(17)

inspection without
such

The availability of food chain information 24 hours in
advance of slaughter should be a prerequisite for a risk-
incision procedures.
based meat
simplified meat
Consequently, whenever
a
inspection procedure
food business
is applied,
operator should not be able to benefit from the tran-
sitional arrangements laid down in Commission Regu-
lation (EC) No 2076/2005 of 5 December 2005 laying
down transitional arrangements for the implementation
of Regulations (EC) No 853/2004,
(EC) No 854/2004
and (EC) No 882/2004 of the European Parliament and
of
Regulations
(EC) No 853/2004 and (EC) No 854/2004 (1).

amending

Council

and

the

the

Regulation (EC) No 2074/2005 establishes the analytical
methods for the detection of the amnesic shellfish poison
(ASP) content of edible parts of molluscs. The 2006.02
ASP ELISA Method, as published in the AOAC Journal of
June 2006,
should be considered as an alternative
screening method to the high-performance liquid chro-
matography (HPLC) method for the detection of ASP in
bivalve molluscs. The ELISA method has the advantage of
being able to screen a large number of samples in a
relatively cheap way.

inspection procedures for lambs and goats’.

(12) On 22 April 2004, the EFSA adopted an opinion on
‘Meat
It
states that the important pathological conditions seen
at meat
lambs and goat kids can be
diagnosed by visual
inspection, thus preventing cross-
contamination by less manipulation.

inspection of

(18)

Part D of Chapter IX of Section IV of Annex I to Regu-
lation (EC) No 854/2004 provides for that, where appro-
priate, solipeds are to be examined for glanders. A
detailed post-mortem examination for glanders should
be mandatory for those solipeds or meat thereof that
originates from countries that are not free of the disease.

(1) OJ L 338, 22.12.2005, p. 83. Regulation as last amended by Regu-

lation (EC) No 479/2007 (OJ L 111, 28.4.2007, p. 46).

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(19)

Regulation (EC) No 2074/2005 should therefore be
amended accordingly.

(20)

The measures provided in this Regulation are
accordance with
Committee on the Food Chain and Animal Health,

opinion

in
Standing

the

the

of

HAS ADOPTED THIS REGULATION:

‘Article 6b

Requirements
inspection of meat
(EC) No 854/2004

concerning official

the
for the purpose of Regulation

controls

for

Requirements concerning official controls for the inspection
of meat are laid down in Annex VIb.’;

2. Chapter II of Annex III

is amended in accordance with

Annex I to this Regulation;

Article 1

3. the text in Annex II to this Regulation is inserted as Annex

VIb.

Regulation (EC) No 2074/2005 is amended as follows:

Article 2

1. the following Article is inserted:

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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In Annex III to Regulation (EC) No 2074/2005, Chapter II is replaced by the following:

ANNEX I

‘CHAPTER II

AMNESIC SHELLFISH POISON (ASP) DETECTION METHOD

The total content of amnesic shellfish poison (ASP) of edible parts of molluscs (the entire body or any part edible
separately) must be detected using the high-performance liquid chromatography (HPLC) method or any other
internationally recognised method.

However, for screening purposes, the 2006.02 ASP ELISA method as published in the AOAC Journal of June 2006
may also be used to detect the total content of ASP of edible parts of molluscs.

If the results are challenged, the reference method shall be the HPLC method.’

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ANNEX II

‘ANNEX VIb

REQUIREMENTS APPLICABLE TO THE OFFICIAL CONTROLS FOR THE INSPECTION OF MEAT

1. For the purpose of this Annex, the following definitions shall apply:

(a) “controlled housing conditions and integrated production systems” means a type of animal husbandry where

animals are kept under conditions in compliance with criteria set out in the Appendix;

(b) “young bovine animal” means a bovine animal of either gender, which is not older than eight months;

(c) “young ovine animal” means an ovine animal of either gender, not having any permanent incisor erupted and not

older than 12 months;

(d) “young caprine animal” means a caprine animal of either gender, not older than six months of age;

(e) “herd” means an animal or group of animals kept on a holding as an epidemiological unit; if more than one herd

is kept on a holding, each of these herds shall form a distinct epidemiological unit;

(f)

“holding” means any establishment, construction or, in the case of an openair farm, any place situated within the
territory of the same Member State, in which animals are held, kept or handled;

(g) “establishment carrying out discontinuous slaughter or game handling activities” means a slaughterhouse or game
handling establishment designated by the competent authority on the basis of a risk analysis,
in
particular, the slaughter or game handling activities do not take place either during the entire working day or
during subsequent working days of the week.

in which,

2. Post-mortem inspections in establishments carrying out discontinuous slaughter or game handling activities.

(a)

In accordance with point 2(b) of Chapter II of Section III of Annex I to Regulation (EC) No 854/2004, the
competent authority may decide that the official veterinarian need not be present at all times during post-mortem
inspection, provided that the following conditions are complied with:

(i) the establishment concerned is an establishment carrying out discontinuous slaughter or game handling
activities and has sufficient facilities to store meat with abnormalities until a final post-mortem inspection
by the official veterinarian can take place;

(ii) an official auxiliary carries out the post-mortem inspection;

(iii) the official veterinarian is present in the establishment at least once a day when slaughter activities take place

or have taken place;

(iv) the competent authority has put in place a procedure to assess on a regular basis the performance of official

auxiliaries in these establishments, including:

— monitoring individual performance,

— verification of documentation with regard to inspection findings and comparison with the corresponding

carcasses,

— checks of carcasses in the storage room.

(b) The risk analysis carried out by the competent authority as referred to in point 1(g) to identify the establishments
that may benefit from the derogation as laid down in point 2(a) shall at least take account of the following
elements:

(i) the number of animals slaughtered or handled per hour or per day;

(ii) the species and class of animals slaughtered or handled;

(iii) the throughput of the establishment;

(iv) the historical performance of slaughter or handling activities;

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(v) the effectiveness of any additional measures in the food chain for procurement of animals for slaughter taken

to guarantee food safety;

(vi) the effectiveness of the HACCP-based system in place;

(vii) audit records;

(viii) the competent authority’s historical records of ante-mortem and post-mortem inspections.

3. Requirements for a risk-based meat inspection without incisions.

(a)

In accordance with point 2 of Part B of Chapter IV of Section IV of Annex I to Regulation (EC) No 854/2004, the
competent authority may limit the post-mortem inspection procedures of fattening pigs to a visual inspection,
provided that the following conditions are complied with:

(i) the food business operator ensures that the animals are kept under controlled housing conditions and

integrated production systems as laid down in the Appendix to this Annex;

(ii) the food business operator does not benefit from the transitional arrangements with regard to food chain

information as laid down in Article 8 of Commission Regulation (EC) No 2076/2005;

(iii) the competent authority implements or orders the implementation of regular serological and/or micro-
biological monitoring of a selected number of animals based on a risk analysis of food safety hazards
which are present in live animals and relevant at the holding level.

(b) By way of derogation from the specific requirements of Chapters I and II of Section IV of Annex I to Regulation
(EC) No 854/2004, the post-mortem inspection procedures of young bovine, ovine and caprine animals may be
reduced to a visual inspection with limited palpation, provided that the following conditions are complied with:

(i) the food business operator ensures that young bovine animals are kept under controlled housing conditions

and in an integrated production system as laid down in the Appendix to this Annex;

(ii) the food business operator ensures that young bovine animals are reared in an officially bovine tuberculosis-

free herd;

(iii) the food business operator does not benefit from the transitional arrangements with regard to food chain

information as laid down in Article 8 of Regulation (EC) No 2076/2005;

(iv) the competent authority implements or orders the implementation of regular serological and/or micro-
biological monitoring of a selected number of animals based on a risk analysis of food safety hazards
which are present in live animals and relevant at the holding level;

(v) post-mortem inspection of young bovine animals includes at all times palpation of the retropharyngeal,

bronchial and mediastinal lymph nodes.

(c)

In the case of any abnormality detected, the carcass and offal shall be subjected to a full post-mortem inspection as
provided for in Chapters I and II of Section IV of Annex I to Regulation (EC) No 854/2004. However, the
competent authority may decide on the basis of a risk analysis that meat with certain minor abnormalities as
defined by the competent authorities, which pose no risk to animal or human health, does not need to be
subjected to a full post-mortem inspection.

(d) Young bovine, ovine and caprine animals and weaned pigs that do not go directly from the holding of birth to a
slaughterhouse may be moved on one occasion to another holding (for rearing or fattening) prior to dispatch to a
slaughterhouse. In such cases:

(i) regulated assembly centres may be used for young bovine, ovine or caprine animals between the holding of

origin and the rearing or fattening holding, as well as between these holdings and the slaughterhouse;

(ii) traceability shall be ensured at the level of the individual animal or batch of animals.

4. Additional requirement for the post-mortem examination of solipeds.

(a) Fresh meat from solipeds reared in countries not free of glanders in accordance with Article 2.5.8.2 of the
Terrestrial Animal Health Code of the World Organisation for Animal Health shall not be placed on the market,
unless such meat is derived from solipeds examined for glanders in accordance with point D of Chapter IX of
Section IV of Annex I to Regulation (EC) No 854/2004.

(b) Fresh meat from solipeds in which glanders has been diagnosed shall be declared unfit for human consumption as

provided for in point D of Chapter IX of Section IV of Annex I to Regulation (EC) No 854/2004.

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Appendix to Annex VIb

For the purposes of this Annex, “controlled housing conditions and integrated production systems” means that the food
business operator needs to comply with the criteria set out below:

(a) all feed has been obtained from a facility which produces feed in accordance with the requirements provided for in
Articles 4 and 5 of Regulation (EC) No 183/2005 of the European Parliament and of the Council (1); when roughage
or crops are provided to the animals as feed, it shall be treated appropriately, and where possible, dried and/or
pelleted;

(b) an all-in/all-out system is applied as far as possible. Where animals are introduced into the herd, they shall be kept in

isolation as long as required by the veterinary services to prevent introduction of diseases;

(c) none of the animals has access to outdoor facilities unless the food business operator can show by a risk analysis to
the satisfaction of the competent authority that the time period, facilities and circumstances of outdoor access do not
pose a danger for introduction of disease in the herd;

(d) detailed information is available concerning the animals from birth to slaughter and their management conditions as

laid down in Section III of Annex II to Regulation (EC) No 853/2004;

(e)

if bedding is provided for the animals, the presence or introduction of disease is avoided by appropriate treatment of
the bedding material;

(f) holding staff comply with the general hygiene provisions as laid down in Annex I to Regulation (EC) No 852/2004;

(g) procedures are in place that control access to the premises where animals are kept;

(h) the holding does not provide facilities for tourists or for camping unless the food business operator can show by a
risk analysis to the satisfaction of the competent authority that the facilities are sufficiently separated from the animal
rearing units that direct and indirect contact between humans and animals is not possible;

(i) animals do not have access to garbage dumps or household garbage;

(j) a pest management and control plan is in place;

(k) silage feeding is not used unless the food business operator can show by a risk analysis to the satisfaction of the

competent authority that the feed can not transmit any hazards to the animals;

(l) effluent and sediment from sewage treatment plants are not released in areas accessible to the animals or be used for
fertilising pastures used to grow crops, which are used to feed animals, unless treated appropriately and to the
satisfaction of the competent authority.

(1) OJ L 35, 8.2.2005, p. 1.’