CELEX: 51985PC0678
Language: en
Date: 1985-12-05
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/99/EEC ON HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN MEAT PRODUCTS

3 1 . 12. 85                                     Official Journal of the European Communities                                   No C 349/43
               Proposal for a Council Directive amending Directive 7 2 / 4 6 4 / E E C o n taxes other than turnover tax
               which affect the consumption of manufactured tabacco: sixth extension of the second stage of
                                                                  harmonization
                                                               COM    (85) 683 final
                                  (Submitted     by the Commission    to the Council on 12 December             1985)
                                                                  (85/C 349/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                      Whereas the special criteria applicable during the third stage
                                                                              are dealt with in a proposal for a Directive presented by the
Having regard to the Treaty establishing the E u r o p e a n                  Commission ( 4 ); whereas the Council has n o t yet acted on
Economic Community, and in particular Articles 99 and 100                     that proposal;
thereof,
                                                                              Whereas, in these circumstances, an additional extension of
                                                                              the second stage is necessary; whereas n o specific time limit
Having regard to the proposal from the Commission,                            should be placed on this extension,
 Having regard to the opinion of the European Parliament,
                                                                              HAS ADOPTED THIS DIRECTIVE:
 Having regard to the opinion of the Economic and Social
 Committee,                                                                                                   Article 1
                                                                              Article 10 (a) (1) of Directive 7 2 / 4 6 4 / E E C     is hereby
 Whereas, under Council Directive 7 2 / 4 6 4 / E E C ( ' ) , as last
                                                                              replaced by the following text:
 amended by Directive 8 4 / 2 1 7 / E E C ( 2 ), the transition from
 one stage of harmonization to the next is to be decided on by                     ' 1 . The second stage of harmonization of the structures
 ihe Council on a proposal from the Commission;                                    of the excise duty on manufactured tobacco shall run
                                                                                    from 1 July 1 9 7 8 . '
 Whereas the second stage of harmonization, introduced by
 Council Directive 7 7 / 8 0 5 / E E C ( 3 ), expires on 31 December
 1985;                                                                                                        Article 2
 (•) OJ No I. 303, 31. 12. 1972, p. 1.                                        This Directive is addressed to the M e m b e r States.
 (2) OJ No I 104, 17. 4. 1984, p. 18.
 (3) OJ No L 338, 20. 12. 1977, p. 22.                                        (") OJ No C 264, 11. 10. 1980, p. 6.
               Proposal for a Council Directive amending Directive 7 7 / 9 9 / E E C on health problems affecting
                                                     intra-Community trade in meat products
                                                                COM(85)     678 final
                                   (Submitted    by the Commission     to the Council on 12 December            1985)
                                                                  (85/C 349/09)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                     Whereas, as a result of the adoption by the Council of
                                                                              Directive 8 3 / 9 0 / E E C of 7 February 1983 amending
 Having regard to the Treaty establishing the E u r o p e a n                 Directive 6 4 / 4 3 3 / E E C on health p r o b l e m s affecting
 Economic Community, and in particular Article 4 3                            intra-Community trade in fresh meat (')i Council Directive
 thereof,                                                                     7 7 / 9 9 / E E C ( 2 ), as last amended by Directive 8 1 / 4 7 6 /
                                                                              EEC (*), should be amended in order to h a r m o n i z e the rules
 Having regard to the proposal from the Commission,                           applicable to meat and meat products;
 Having regard to the opinion of the European Parliament,
                                                                              (') OJ No L 5 9 , 5. 3. 1983, p. 10.
 Having regard to the opinion of the Economic and Social                      (2) OJ No L 26, 3 1 . 1. 1977, p. 85.
 Committee,                                                                   (5) O J N o L 186, 8. 7. 1981, p. 20.
 ---pagebreak--- No C 349/44                               Official Journal of the European Communities                                  31. 12. 85
Whereas Directive 77/99/EEC should also be amended to                Whereas provisions relating to animal health problems have
take account of scientific and technical developments;               been laid down in Council Directive 80/215/EEC of
                                                                     22 January 1980 on animal health problems affecting
                                                                     intra-Community trade in meat products ( a ), as last amended
Whereas health protection rules should be laid down
                                                                     by Directive 85/321/EEC (3),
governing certain meat products which do not yet come
within the scope of Directive 77/99/EEC;
Whereas meat products which are not the subject of                   HAS ADOPTED THIS DIRECTIVE:
commercial transactions should be excluded from the scope
of the Directive;
                                                                                                 Article 1
Whereas certain meat products may be prepared with or
                                                                     Directive 77/99/EEC is hereby amended as follows:
from mechanically recovered meat; whereas health
 protection rules should therefore be laid down governing the
 manufacture of such products thereby enabling them to be               1. Article 1 is replaced by the following:
 moved freely within the Community;
                                                                           'Article 1
 Whereas products which do not undergo complete treatment
 should be kept at specific temperatures; whereas, for control             1. This Directive lays down health requirements for
 purposes, the manufacturer should indicate the necessary                  meat products intended for intra-Community trade.
 particulars on the final packaging;
                                                                           2. This Directive shall not apply to meat products:
                                                                           (a) forming part of travellers' personal luggage, on
 Whereas meat products may, following their manufacture,
                                                                                condition that they are not subsequently used for
 be kept in stores operating independently of the production
                                                                                commercial purposes;
 plant; whereas it is essential to lay down the special
 conditions governing the approval of such stores;                         (b) sent as small packages to private persons, in so far
                                                                                 as no commercial operation is involved;
 Whereas meat products may be packaged in the production                   (c) intended for consumption by the crew and
 room; whereas packaging must be carried out in such a way                      passengers an board means of transport operating
 as to avoid any risk of contamination of the products in                       commercially between Member States.'
 question;
                                                                        2. Article 2 is replaced by the following:
 Whereas certain meat products may be consigned in bulk in
 order to undergo further processing; whereas the                          'Article 2
 requirements as to the marking of these consignments may be
 simplified;                                                               For the purpose of this Directive, the following
                                                                           definitions shall apply:
Whereas meat products intended for direct sale to the
consumer must be labelled in accordance with Council                         1. meat products: products prepared wholly or partly
 Directive 79/112/EEC of 18 December 1978 on the                                 from meat which has undergone treatment to
approximation of the laws of the Member States relating to                      ensure a certain degree of preservation and
the labelling, presentation and advertising of foodstuffs for                   products prepared from meat with the addition of
sale to the ultimate consumer (');                                              other foodstuffs, additives or condiments.
                                                                                 However, meat which has only undergone chilling
 Whereas the procedures governing the inspection and                            or freezing shall not be regarded as a meat
 approval of and withdrawal of approval from                                     product.
 establishments, and the procedure to be followed in event of.
 a dispute between Member States must be amended in order                       The following are not considered to be meat
 to harmonize them with the rules laid down in other                             products for the purpose of this Directive:
 Directives in the veterinary field;
                                                                                 (a) meat extracts, meat consomme and stock,
                                                                                      meat sauces and similar products not
 Whereas the rules relating to inspections must take account                          containing fragments of meat;
 of the requirements of the internal market;
                                                                                 (b) whole, broken or crushed bones, meat
                                                                                      peptone, animal gelatin, meat powder, pork
 Whereas Annex A lays down the temperatures to be observed                            rind powder, blood plasma, dried blood,
 during cutting and wrapping of meat products; whereas the                            dried blood plasma, cellular proteins, bone
 reference to a procedure for establishing those temperatures                         extracts and similar products;
 may be deleted;
                                                                      (2) OJ No L47, 21. 2. 1980, p. 4.
 (') OJ No L 33, 8. 2. 1979, p. 1.                                    (3) OJ No L 168, 28. 6. 1985, p. 39.
 ---pagebreak--- 31. 12. 85                               Official Journal of the European Communities                                No C 349/45
         (c) fats melted down from animal tissues;                             bones of the head, the extremities of the limbs
                                                                               below the carpal and torsal joints and, in the case
         (d) stomachs, bladders and intestines cleaned and                     of swine, the coccydeal vertebrae;
                bleached, salted or dried;
                                                                         16. hermetically sealed container: wrapping which is
      2. meat: meat as defined in:                                             designed and used to protect the contents from
         — Article 1 of Directive 64/433/EEC,                                  micro-organisms during and after heating.'
          — Article 1 of Directive 71/118/EEC,
                                                                     3. Article 3 (1) is replaced by the following:
         — Article 1 of Directive 72/461/EEC,
                                                                         '1. Each Member State shall ensure that only meat
          — Article 2 of Directive 72/462/EEC;
                                                                         products complying with the following general
                                                                         conditions are sent from its 'crritory to the territory of
      3. Fresh meat: fresh meat as defined in:                           another Member State:
          — Article 1 of Directive 64/433/EEC,
                                                                           K1)  they must have been prepared in an establishment
          — Article 1 of Directive 71/118/EEC,                                  approved and inspected in accordance with
          — Article 1 of Directive 72/461/EEC,                                  Article 6;
          — Article 2 of Directive 72/462/EEC;                             (2) they must have been prepared, stored and
                                                                                transported in accordance with Annex A;
      4. treatment: the treatment of fresh meat, whether or
          not combined with other foodstuffs, by heating,                  (3) they must have been prepared from:
          salting or drying, or combination of these                            (a) fresh meat as defined in Article 2 (3). This
          processes;                                                                fresh meat may originate:
      5. complete treatment: treatment the effects of which                           (i) in accordance with Directive 64/
          are sufficient to guarantee the subsequent                                      433/EEC and 71/118/EEC, in the
          wholesomeness of the product at normal ambient                                  Member State in which the preparation is
          temperature;                                                                    carried out or in any other Member
                                                                                          State,
      6. incomplete treatment: treatment which does not                              (ii) in accordance with Article 5a of Directive
          meet the requirements laid down for complete                                    72/461/EEC, in the Member State in
          treatment in Annex A, Chapter V (36);                                           which the preparation is carried out,
      7. heating: use of dry or damp heat;                                          (iii) in      accordance     with      Directive
                                                                                          72/462/EEC, in a third country, being
      8. salting use of cooking salt (NaCl);                                              imported either directly or by way of
                                                                                          another Member State,
      9. drying: natural or artificial reduction of the water                       (iv) in accordance with Article 15 of Directive
          content;                                                                        71/118/EEC, in a third country, in so far
                                                                                          as:
     10. exporting country: the Member State from which
                                                                                          — products obtained from this meat
          merit products are sent to another Member
                                                                                              fulfil the requirements of this
          State;
                                                                                              Directive,
     11. country of destination: the Member State to which                                — the health marking laid down in
          meat products are sent from another Member                                          Annex A, Chapter VII, is not carried
          State;                                                                              out on these products,
                                                                                          — intra-Community trade in these
     12. consignment: quantity of a meat product covered                                      products remains subject to the
          by the same heath certificate;                                                      national provisions of each Member
                                                                                              State;
     13. wrapping: the protection of meat products by the
          use of an initial wrapping or initial container in                    (b) a meat product, provided that it meets the
          direct contact with the product concerned as well                         requirements of this Directive;
          as the initial wrapper or initial container itself;                   (c) mechanically recovered meat obtained in
                                                                                    accordance with the requirements laid down in
     14. packaging: the placing of one or more wrapped                              Directive;
          meat products in a second container, as well as the
         container itself;                                                (4) — they must have been prepared by heating,
                                                                                    salting or drying, which process may be
     15. mechanically recovered meat: comminuted meat                               combined with smoking or maturing, possibly
         obtained by mechanical means from flesh-bearing                            under specific microclimatic conditions, and
         bones remaining after boning, apart from the                               associated, in particular, with certain curing
 ---pagebreak--- No C 349/46                               Official Journal of the European Communities                                   31. 12. 85
               agents within the meaning of Article 12. They              State shall withdraw approval if the conditions for
               may also be associated with other foodstuffs               approval cease to be fulfilled.
               and condiments,
          — or they must have been prepared from meat                     If a check has been made in accordance with Aricle 7 the
               with the addition of other foodstuffs,                     Member State concerned shall take account of the
               additives or condiments.                                   conclusions resulting therefrom. The other Member
                                                                          States and the Commission shall be informed of the
      (5) they must have been prepared from fresh meat                    withdrawal of approval.
          handled in accordance with Annex A, Chapter
           HI;
                                                                          2. Inspection       and    supervision     of    approved
      (6) they must, in accordance with Annex A, Chapter                  establishments shall be carried out on the responsibility
           IV, have undergone an inspection carried out by                of the competent authority, which may be assisted in
           the competent authority; such inspections may be               purely material tasks by staff specially trained for the
           carried out, in purely routine tasks and in                    purpose. The competent authority must at all times
           accordance with rules to be defined where                      have free access to all parts of establishments in order to
           necessary under the procedure provided for in                  ensure that this Directive is being complied with.
           Article 17, with the help of assistants specially
           trained for the purpose;
                                                                          Detailed rules geoverning the abovementioned
      (7) they must meet the standards laid down in Annex                 assistance shall be adopted in accordance with the
           A, Chapter V;                                                  procedure laid down in Article 17.
      (8) they must have been wrapped and packaged in
           accordance with Annex A, Chapter VI, where                     3. Where a Member State considers, in particular after
           wrapping and packaging are necessary;                          carrying out a check or inspection as provided for in
                                                                          Article 11 (1), and (2), that the provisions governing
      (9) they must bear a health marking in accordance                   approval are not being, or have ceased to be, observed
           with Annex A, Chapter VII;                                     in an establishment in another Member State, it shall
                                                                          inform the competent central authority of that State
    (10) they must, in accordance with Annex A, Chapter
                                                                          accordingly. That authority shall take all necessary
            VIII, be accompanied by a health certificate
                                                                          measures and notify the competent central authority of
           during transport to the country of destination;
                                                                          the first Member State of the decisions taken and the
    (11) they must be stored and transported to the                       reasons for such decisions.
            country of destination under satisfactory health
            conditions in accordance with Annex A, Chapter                If the first Member State fears that such measures have
            IX.'                                                          not been taken or are inadequate, the two Member
                                                                          States shall together seek ways and means of remedying
 4. Article 4 is replaced by the following:                               the situation; if appropriate, this may involve a visit to
                                                                          the establishment.
     'Article 4
     1. Meat products which have undergone complete                       The Member States concerned shall inform the
    treatment in accordance with Annex A, Chapter V (36),                 Commission of disputes and of the solutions
    may be stored and transported at normal ambient                       reached.
    temperatures.
     2. For inspection purposes, the producer must ensure                  If the Member States cannot reach agreement, one of
    that the final packaging of meat products which have                  them shall put the matter within a reasonable period
     not undergone a complete treatment bears a clear and                  before the Commission, which shall instruct one or
    legible indication of the temperature at which the                     more veterinary experts to give an opinion.
    products must be transported and stored, and the
    period during which preservation may thus be
                                                                           In the light of that opinion or of the opinion expressed
     assured.'
                                                                           in accordance with Article 7, Member States may be
                                                                          authorized, under the procedure laid down in Article
 5. Article 6 is replaced by the following:                                18, to prohibit provisionally the introduction into their
                                                                          territory of meat products coming from that
     'Article 6                                                           establishment.
     1. Each Member State shall draw up a list of the
    establishments approved by it, each establishment                      Such authorization may be withdrawn in the light of a
     having a veterinary approval number. The Member                       further opinion delivered by one or more veterinary
    States shall send this list to the other Member States and            experts under the procedure laid down in Article 18.
    to the Commission.
     A Member State shall not approve an establishment                     The veterinary experts must be nationals of a Member
     unless it complies with this Directive. The Member                    State other than one of those involved in the dispute.
 ---pagebreak--- 31. 12. 85                                 Official Journal of the European Communities                              No C 349/47
     General rules for the application of this paragraph shall             comply with this Directive, the competent authority in
     be adopted in accordance with the procedure laid down                 the country of destination may give the consignor, the
     in Article 17.'                                                       consignee or their representative the choice between the
                                                                           re-consignment of the meat products, their use for other
 6. Article 7 is replaced by the following:                                purposes, provided that health considerations permit
                                                                           this, or their destruction. In any event, precautionary
                                                                           measures shall be taken to prevent improper use of such
     'Article 7                                                            meat products.
     Commission veterinary experts shall carry out regular                 Decisions of the competent authority, and the grounds
     inspections of the approved establishments to ensure                  for taking them, must be communicated to the
     that the latter in fact apply this Directive, and in                  consignor or his representative. Should such person so
     particular Annex A, Chapters I and II.                                request, they must be communicated forthwith in
                                                                           writing, together with an indication of the channels of
     They shall establish a report on the results of the                   appeal provided for under current legislation, their
     inspections carried out.                                              forms and the time limits within which they are
                                                                           open.
     The Member State on whose territory an inspection is
     carried out shall give the experts all the necessary help in          If such decisions are based on the diagnosis of a
     performing their task.                                                contagious or infectious disease, or a deterioration
                                                                           dangerous to human health, they shall be
     General rules for the application of this Article shall be
                                                                           communicated forthwith to the competent central
     drawn up in accordance with the procedure laid down
                                                                           authority of the producing Member State and to the
     in Article 17.
                                                                           Commission.
     A code containing rules to be applied during the
                                                                           Following this communication, appropriate measures
     inspections provided for in this Article shall be drawn
                                                                           may be taken in accordance with the procedure laid
     up in accordance with the same procedure.'
                                                                           down in Article 17, in particular for the purpose of
                                                                           coordinating the measures taken in other Member
 7. In Article 9, paragraph 2 is deleted, as is the number T               States with regard to the meat products involved.'
     preceding paragraph 1.
                                                                      10. Article 13 is replaced by the following
 8. In the first paragraph of Article 10, 'Article 18' is
     replaced by 'Article 17\                                               'Article 13
 9. Article 11 is replaced by the following:                               Amendments to the Annexes, in particular to adapt
                                                                           them to advances in technology, shall be made in
                                                                           accordance with the procedure laid down in Article
      'Article 11
                                                                            17.'
      1. Without prejudice to Articles 6 and 7, a country of
     destination may check that all consignments of meat              11. Article 16 is deleted.
     products as defined in Article 2 are accompanied by the
     prescribed health certificate.                                   12. Articles 17, 18, 19, 20, 22 and 23 become Articles 16,
                                                                            17, 18, 19, 20 and 21 respectively.
     2. If irregularities are seriously suspected, the country
     of destination may carry out non-discriminatory
                                                                      13. The Annexes are replaced by the Annexes to this
     inspections to check that the requirements of this
                                                                           Directive.
     Directive have been met.
     3. As a general rule, checks and inspections shall be
     carried out at the place of destination of the goods; they
                                                                                                Article 2
     may be carried out at another suitable place, provided
     that the place chosen interferes as little as possible with
     the movement of the goods.                                       The Member States shall bring into force the laws,
                                                                      regulations and administrative provisions necessary to
     The checks and inspections referred to in paragraphs 1           comply with this Directive not later than 1 January 1987.
     and 2 may not be such as to cause a delay in the                 They shall forthwith inform the Commission thereof.
     movement of the goods and their placing on the market
     which might adversely affect the quality of the meat
     products.
                                                                                                Article 3
     4. If, during an inspection carried out on the basis of
     paragraph 2, it is found that the meat products do not           This Directive is addressed to the Member States.
 ---pagebreak--- No C 349/48                               Official Journal of the European Communities                                          31. 12. 85
                                                                ANNEX A
                            GENERAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS
          Establishments must have at least:
            1. In rooms where fresh meat and meat products are handled, worked on or stored:
               (a)  waterproof flooring which is easy to clean and disinfect, rotproof and laid in such a way as to facilitate
                    the draining of water; the water must be channelled towards drains fitted with gratings and with traps to
                    prevent odours. However, these establishments must have:
                    — in the case of refrigeration rooms, waterproof flooring which is easy to clean and disinfect, rotproof
                         and laid in such a way as to facilitate the draining of water or fitted with a device with which water
                        may easily be removed,
                    — in the case of rooms for storage below - 12 °C, waterproof and rotproof flooring;
               (b)  smooth, durable, impermeable walls, with a light coloured, washable coating up to a height of at least
                    two metres; in chilling or refrigeration rooms and in stores the walls must be coated at least to storage
                    height. Wall to floor junctions must be rounded or similarly finished except in the rooms for storage
                    below - 12 °C;
               (c)  doors in hard-wearing, non-corrodible material and, if of wood, with a smooth and impermeable
                    covering on both sides;
               (d)  insulation materials which are rotproof and odourless;
               (e)  adequate ventilation and if necessary good extraction of steam;
               (f)  adequate natural or artificial lighting which does not distort colours;
               (g) ceilings which are easily cleaned, constructed and finished in such a way as to prevent the accumulation
                    of impurities, the formation of mould, the peeling of paintwork and the condensation of water
                    vapour.
            2. (a)  As near as possible to the work stations, a sufficient number of facilities for cleaning and disinfecting
                    hands and for cleaning tools with hot water. Taps must not be hand operable. For washing hands, these
                    facilities must have hot and cold running water or water premixed to a suitable temperature, cleaning
                    and disinfecting products and hand towels which can be used once only;
               (b)  facilities for disinfecting tools, with water supplied at not less than 82 °C.
            3. Appropriate arrangements for protection against pests such as insects, rodents, etc.
            4. (a)  Instruments and working equipment such as cutting tables, tables with detachable cutting surfaces,
                    containers, conveyor belts and saws, made of corrosion-resistant material, not liable to taint meat and
                    meat products and easy to clean and disinfect. The use of wood is forbidden except in rooms where the
                    only fresh meat and meat products stored are hygienically packaged fresh meat and meat products;
               (b) corrosion-resistant fittings and equipment meeting hygiene requirements for:
                    — meat and meat-products handling,
                    — storing meat and meat-product containers, in such a way that neither the meat or the meat products
                        nor the containers come into direct contact with the floor or walls;
               (c)  facilities for the hygienic handling and protection of meat and meat products during loading and
                    unloading;
               (d) special watertight non-corrodible containers, with lids and fasteners to prevent unauthorized persons
                    from removing things from them, for keeping meat and meat products not intended for human
                    consumption, or a lockable room for such meat and meat products if the quantities are large enough to
                    necessitate this or if they are not removed or destroyed at the end of each working day; where such meat
 ---pagebreak--- 31. 12. 85                               Official Journal of the European Communities                                           No C 349/49
                    or meat products are removed through conduits, these should be so constructed and installed as to avoid
                     any risk of contamination of fresh meat or meat products.
            5. Refrigeration equipment to keep the internal temperature of the meat and the meat products at the levels
               required by this Directive. This equipment must include a drainage system linked to the waste water pipes
               which presents no risk of contamination of the meat or the meat products.
            6. A pressurized supply of potable water within the meaning of Directive 80/778/EEC only; however, a
               non-potable water supply is authorized in exceptional cases for steam production, fire fighting and the
               cooling of refrigeration equipment, provided that the pipes installed for this purpose preclude the use of this
               water for other purposes and present no risk of contamination of meat or meat products. Non-pot.ible water
               pipes must be easily distinguished from those used for potable water.
            7. An adequate supply of hot potable water within the meaning of Directive 80/778/EEC.
            8. A waste water disposal system which meets hygiene requirements.
            9. An adequately equipped lockable room for the exclusive use of the competent authority or, in the case of
               storage premises located apart from the establishment approved for the preparation of meat products referred
               to in point 47 of Chapter IX, suitable facilities.
           10. Facilities enabling the veterinary inspections provided for in this Directive to be carried out efficiently at any
           11. An adequate number of changing rooms with smooth, waterproof, washable walls and floors, wash basins,
               showers and flush lavatories. The latter must no open directly into the work rooms. The wash basins must
               have hot and cold running water or water premixed to a suitable temperature, materials for cleaning and
               disinfecting the hands and hand towels which can be used once only; the wash basin taps must not be
               hand-operable. There must be a sufficient number of such wash basins near the lavatories.
           12. A place and adequate facilities for cleaning and disinfecting means of transport. This place and these facilities
               are not compulsory if provisions exist requiring that means of transport be cleaned and disinfected at
               officially authorized facilities.
                                                              CHAPTER 1
                         Special conditions for the approval of establishments manufacturing meat products
           IV  Beyond the general requirements, establishments producing meat products must have at least:
               (a) suitable rooms large enough for the separate storage:
                      (i) under refrigeration:
                          — of fresh meat within the meaning of Article 2 (3),
                          — of meat other than that referred to in Article 2(3);
                     (ii) at ambient temperature or, where appropriate, under refrigeration:
                          — of meat products fulfilling the requirements of the Directive,
                          — of other products prepared wholly or partly from meat;
               (b) suitable rooms sufficiently large for the preparation of meat products;
               (c)   a lockable room for the storage of certain ingredients such as condiments and additives;
               (d) a room for packing, unless the conditions laid down in paragraph 41 of Chapter VI are fulfilled;
               (e)   a room for final packaging and for dispatch;
 ---pagebreak--- No C 349/50                                 Official Journal of the European Communities                                         31. 12. 85
               (f)    a room for the storage of wrapping and packaging materials;
               (g)    a room for the storage of cleaning and maintenance tools and products and for cleaning of movable
                      equipment such as books, containers, etc.
           14. Depending on the type of product involved the establishment must have:
               (a)     a room for the removal of packaging;
               (b)     a room for thawing of fresh meat;
               (c)     J cutting room;
                ;d> a room for filling containers prior to heat treatment;
               (e)     a room:
                       — for cooking, equipment for heat treatment must be fitted with a recording thermometer or
                           telethermometer,
                       — for retorting; the retorts must be fitted with a recording thermometer or telethermometer, and a
                           direct-rtading control thermometer; retorts must also be equipped with a manometer;
                if)    a room for rendering down of fats;
                (gj    a room for facilities for smoking;
                (h)    a room for drying and maturing;
                (i)    a room for desalting, soaking or otherwise treating natural guts;
                (l)    a curing room, if necessary with air-conditioning facilities enabling a temperature not exceeding +
                        10 °C to be maintained;
                (k)    a room, if necessary with air-condiiionmg facilities, for slicing or tutting and for the wrapping of meat
                       products intended for sale in pre-packed form;
                (1)    a device for conveying empty cans hygiemcally to the work room;
                (m) an apparatus enabling cans to be thoroughly cleaned immediately before filling;
                (n) an apparatus for washing cans in potable water after they are hermetically sealed and before
                       retorting;
                (o)    a room or place for the loading and drying of containers after heat treatment;
                 (p)   facilities for the incubation of samples of meat products in hermetically sealed containers;
                (qj    adequate, facilities to check whether containers are hermetically sealed and undamaged
                 However, provided that the equipment used can have no deleterious effect on the fresh meat and meat
                products, the same room may be used for the operations to be carried out in the separate rooms referred to in
                 (e), (f). (gj, and(h).
                 The work undertaken in the rooms referred to in (c!. (d) and !k> may be carried out in the room referred to in
                 paragraph \1 (b) of this Chapter provided there is no risk of contamination of the fresh meat or meat
                 products.
                                                                CHAPTER II
                                     Hygiene of the staff, premises and equipment in the establishments
           15. Absolute cleanliness shall be required of staff, premises and equipment.
                (a)    Staff must in particular wear clean wi .king clothes and headgear and, where necessary, a neck shield.
                       Staff engaged in working on or handling meat or meat products must wash and disinfect their hands
                       several times during the working day and each time work is resumed. Persons who have been in contact
                       with infected meat must immediately afterwards carefully wash their hands and arms with hot water and
                       then disinfect them. Smoking is forbidden in work rooms and store rooms.
 ---pagebreak--- 31. 12. 85                                 Official journal of the European Communities                                      No C 349/SI
                (b) No animal may enter the establishments. Rodent*, insects and other vermin must be systematically
                       destroyed.
                ;c)    Equipment and implements used for working on meat and meat products shall be kept clean and in a
                       good state of repair. They shall be carefully cleaned and disinfected several times during the working
                       day. at the end of the day's work and before being re-used when they have been soiled.
                       Continuous production machines should at least be cleaned when work has been finished or in cases
                       where contamination is suspected.
           16. Premises, instruments and working equipment must not be used lor purposes other than working on fresh
                meat and meat products.
                1 lowever. thev may be used (or the preparation of other foodstuffs either simultaneously or at different times
                following authorization by the competent authority, provided that all appropriate measures are taken to
                prevent contamination or adverse changes in the products covered by this Directive.
           17. Fresh meat and meat products, their ingredients and containers shall not:
                 — come into direct contact with the ground,
                — be deposited or handled under conditions which might contaminate them.
                t are must be taken to ensure that there is no contact between raw materials and finished products.
           1 H. Potable water must be used tor all purposes; however, non-potable water may be used in exceptional cases for
                steam production provided that the pipes installed :or this purpose preclude the use of this water for other
                purposes and present no danger of contamination of fresh meal. In addition, non-potable water may be used
                in exceptional cases tor cooling refrigeration equipment Non-po:abie water pipes must he clearly
                distinguished from pipes used for potable water
           1 4.    I he spreading of sawdust or am other similar substance on the floor ot the workrooms and storage rooms is
                prohibited
           -H    I >t•tcrgents, dismtc-ct.mis and similar substances must he used in such a wav that instruments, working
                equipment, fresh meat and meat products are not adversely affected. Their use must be followed by thorough
                rinsing of such instruments and working equipment with potable water.
                Products for maintenance and cleaning must be kept in rooms provided for this purpose.
           21    Any person who is a possible source of contamination, in particular through pathogenic agents, shall be
                prohibited from working with or handling fresh meat or meat products.
           22. Any person employed to work with or handle fresh meat or meat products shall be required to show by a
                medical certificate that there is no impediment to such employment. The medical certificate shall be renewed
                every year, unless another staff medical check-up scheme offering equivalent guarantees is recogni/ed in
                accordance yvith the procedure laid down in Article !*".
                                Special hygiene conditions for establishments manufacturing meat products
           2*    In derogation from point 4 a ot this Annex, the use of wood is permitted in storage rooms where its
                application is necessary tor technological reasons, in particular for the maturing of certain meat products,
                provided there is no risk ot the latter being contaminated
           24.   T he temperatures in rooms where work on fresh meat and meat products is undertaken must ensure hygienic
                production; if necessary, these rooms must be provided with air-conditioning facilities.
                Rooms for curing must be kept at a temperature not exceeding 10 °C. Rooms for slicing, cutting and for the
                wrapping of meat products intended for sale in prepacked form must, in so far as the produefs have not been
                submitted to a complete treatment, be kept at a temperature not exceeding 12 °C.
           25. In establishments producing meat products in cans or similar containers,
                (a) the latter must be:
                       — thoroughly cleaned immediately before filling, by means of the cleaning apparatus referred to in
                           paragraph 14 (m).
                       — if necessary, washed in potable water, after they are hermetically sealed and before retorting by-
                          means of the apparatus referred to in paragraph 14 !n),
                       — handled in such a way before and after heat treatment that any type of damage or contamination is
                           avoided.
 ---pagebreak--- No C 349/52                                   Official Journal of the European Communities                                                 31. 12. 85
                 (b) Member States may allow the addition of certain products to the water used in the autoclaves in order to
                        prevent corrosion of cans and to soften and disinfect the water. A list of these products will be drawn up
                        in accordance with the procedure laid down in Article 17.
                  c) Member States may allow the use of recirculated water for the cooling and washing of heat-processed
                        containers. Such water must be filtered and either have been treated with chlorine or else undergone
                        another treatment approved in accordance with the procedure laid down in Article 17. Such treatment is
                        designed to make the recirculated water comply with the microbiological standards laid down in Annex I
                         E: to Directive 80/778 EEC so that it cannot contaminate the products and does not constitute a
                        hazard to human health. The recirculated water must circulate in closed circuit so that if cannot be used
                        tor other purposes.
                   d     Vt'here there is no risk of contamination. Member States may allow that the water used tor cooling and
                         washing containers he used at the end ol a working period for cleaning floors.
                                                                   CHAPTER III
                                Requirements for fresh meat to be used for the manufacture of meat products
           lb.    Fresh meat which comes from i slaughterhouse, cutting establishment, cold store or other processing
                  establishment in the same country as the establishment concerned must be transported to it under satisfactory
                  hygiene conditions in accordance with the provisions of the Council Directives referred to in Article 2 (2)
                 except those on sealing.
           2"\    Meat which does not comply with the conditions of Article 1 i ^j may be held in approved establishments only
                  it stored in separate places; it must be used in other places or at other times than meat which does comply with
                  those conditions. The competent authority must at all times have free access to storerooms and to all work
                  rooms in order to verify strict observance of these provisions.
           2H. AS soon as it arrives at the establishment and until it is used, fresh meat intended for processing must be stored
                  in accordance with the provisions of the Directives referred to in Article 2 .2; and ;.i;.
           29. Meat from animals other than those indicated in the Directives referred to in Article 2(3) which is used as an
                  ingredient in the meat products must be transported, handled and stored in accordance with the provisions of
                  this Directive.
                                                                   CHAPTER IV
                                                             Supervision of production
            M). Establishments in which meat products are manufactured must be subject to supervision by a competent
                  authority, which must be given due notice before the work on meat products intended for n tra-Community
                  trade is undertaken.
            "> I    Supervision bv the competent authority must include the following:
                  — inspection of the entry and exit register for fresh meat and meat products,
                  — sanitary inspection of fresh meat intended for the manufacture of meat products for intra-Community
                       trade and, in the case referred to in point 3 (b) of Article 3 (1), of meat products or, in the case referred to in
                       point 3 ic! and (d) o.r Article 3 (I). of mechanically recovered meat,
                  — inspection of meat products on dispatch form the establishment,
                  — filling in and issuing the health certificate provided for in paragraph 46,
                  — verification of the cleanliness of the prenv.s. , facilities and instruments and of staff hygiene as provided
                       for in C.'hapui' II,
                  — taking of any samples required for laboratory tests,
                  — any other supervision measures considered necessary Iv. the competent authority to ensure compliance
                       with this Directive.
           The results of such supervision must be recorded in a register.
 ---pagebreak---                                 Official Journal of the European Communities                                        No C 349/53
32. In the case of the manufacture of meat products heated in hermetically sealed containers the competent
    authority must ensure that:
    — the producer samples the daily output, at intervals determined in advance, to ensure the efficacy of the
        sealing,
    — the producer carries out the necessary checks, using in particular control markers to check that the
        containers have in fact undergone suitable heat treatment,
    — products in hermetically sealed containers are removed from the heating equipment at a sufficiently high
         temperature to ensure rapid evaporation of humidity and are not touched by hand until completely
    — the producer carries out incubation tests on meat products which have undergone a complete treatment by
    — the producer places a mark on the containers allowing the identification of the meat products produced at
         the same time and under the same conditions,
    — the producer, in the case of a heat treatment in a hermetically sealed container for which the Fc value
         exceeds or equals 3,0, proceeds in accordance with a sound heat treatment process defined by important
         criteria such as heating time, temperature, movement during heating operations, filling, etc., a record of
         which shall be kept; this process must be set up by qualified staff with the requisite knowledge who have
         facilities available which make it possible to determine which requirements the product must fulfil in
         order to attain an Fc value which exceeds or equals 3,0,
    — thermometers of heating equipment are checked against standard thermometers.
33. The results of the various checks carried out by the producer must be kept for presentation on request to the
    competent authority.
                                                   CHAPTER V
                                      Check on the effectiveness of treatments
34. The competent authority must check the effectiveness of the treatment of meat products, if necessary by
     taking samples, to ensure that:
    — the products have undergone treatment as defined in Article 2 (4),
     — the treatment may be considered as complete within the meaning of Article 2 (5) or incomplete in
         accordance with Article 2 (6).
35. A product has been treated within the meaning of Article 2 (4) when either the a w value is less than 0,97 or the
     cut surface shows that the product no longer has the characteristics of fresh meat.
36. A product has undergone complete treatment:
    (a) if it has undergone heat treatment in a hermetically sealed container, when the Fc value exceeds or equals
           3,0 or, in Member States in which this value is not customarily applied, when a check on the treatment
           has been carried out by means of a seven-day incubation test at 37 °C or a 10-day test at 35 °C;
    (b) if it has undergone a treatment other than that referred to in (a), when:
             (i) the a w value does not exceed 0,95 and the pH does not exceed 5,2; or
            (ii) the aw value does not exceed 0,91; or
           (iii) the pH is less than 4,5.
    If the conditions referred to in (a) and (b) are not fulfilled in the treatment, the product shall be regarded as
    having undergone incomplete treatment.
    However, products which have been subjected to natural fermentation and to maturing for a long period are
    to be regarded as having undergone complete treatment. The Commission will determine in accordance with
    the procedure laid down in Article 17 the limits for the aw and pH values with which these products must
    comply.              *
 ---pagebreak--- No C 349/54                            Official Journal of the European Communities                                       31. 12. 85
          37. The competent authority must check that a product has been combined with other foodstuffs, additives or
              condiments by submitting it to an appropriate inspection and assess whether the production criteria laid
              down by the producer have been met.
                                                           CHAPTER VI
                                            Wrapping and packaging of meat products
          38. Wrapping and packaging must take place under satisfactory hygiene conditions in rooms intended for this
              purpose.
          39. Wrapping and packaging must comply with all rules of hygiene, including the following:
              — it must not be such as to alter the organoleptic characteristics of the meat products,
              — it must not be capable of transmitting to the meat products substances harmful to human health,
              — .it must be strong enough to protect the meat products adequately.
          40. Wrapping may not be re-used for meat products, with the exception of certain special types of earthenware
              which may be re-used after cleaning and disinfecting.
          41. Preparation of meat products and wrapping and packaging operations may take place in the same room
              subject to the following conditions:
              (a)  the room must be sufficiently large and so laid out that the hygiene of the operatations is assured;
              (b)  the material for packaging and wrapping must be enclosed in a sealed protective covering immediately
                   after manufacture; it must be protected from damage during transport to the establishment and stored
                   under hygienic conditions in a separate room of the establishment;
              (c)  the room for storing the packaging material must be dust and vermin-free and no air may enter from
                   other rooms containing substances which might contaminate fresh meat or meat products; packaging
                   must not be stored on the floor;
              (d) packaging must be got ready under hygienic conditions before being brought into the work room;
              (e)  packaging must be brought into the work room hygienically and used without delay; it must not be
                   touched by staff handling fresh meat and meat products;
              (f)  immediately after packaging, the meat products must be placed in the storage room.
                                                           CHAPTER VII
                                                          Health marking
          42. Meat products must carry a health mark. The health mark must be carried out under the responsibility of the
              competent authority, during or immediately after manufacture, in an easily visible place. The mark must be
              legible, indelible and its characters easily distinguishable. The mark may be applied to the product or
              when individually wrapped to the wrapping or on a lable fixed to this wrapping in accordance with para-
              graph 45 (b).
              However, where a meat product is individually wrapped and packaged, it shall suffice for the health mark to
              be put on the packaging.
          43. Where meat products marked in accordance with paragraph 42 are placed in a further wrapping or
              packaging, the mark must also be put on that further wrapping or packaging.
          44. In derogation from paragraphs 42 and 4 3 , the health marking of meat products in large packagings intended
              for further processing in an approved establishment is not necessary, provided that:
              — the large packaging containing the meat products bears on the external surface the health mark in
                  accordance with paragraph 45 (a),                                                "
 ---pagebreak--- 3 i . 12. 85                                  Official Journal of the European Communities                                       No C 349/55
                 — the establishment of dispatch maintains a special record of the amount, type and destination of
                     consignments dispatched in accordance with this paragraph,
                 — the recipient establishment maintains a special record of the amount, type and origin of consignments
                     received in accordance with this paragraph,
                 — the health marking of the large packaging is destroyed under the supervision of the competent authority
                     when the large packaging is opened,
                 — there is clearly indicated on the external suface of the large packaging the destination and intended use of
                     the consignment.
             45. (a) The health mark must give the following particulars within an oval surround:
                       — above:
                           the initial letter or letters of the exporting country in capitals, i.e., B - D - DK - F - GR - IRL -
                           I - L - NL - UK, followed by the approval number of the establishment,
                       — below:
                           one of the following sets of initials: CEE - EEG - EWG - EEC - E 0 F or EOK.
                 (b) The health mark may be applied to the product, wrapping or packaging by inking or branding, or it may
                       be printed on or applied to a label. The mark must be destroyed when the package is opened.
                       Non-destruction of this mark may be tolerated only when the package is destroyed on being
                       opened.
                 (c)   The health mark may also consist of an irremovable disc of resistant material complying fully with
                       hygiene requirements and bearing the information specified in paragraph (a) of this point.
                                                                    CHAPTER VIII
                                                                   Health certificate
             46. The original copy of the health certificate which must accompany meat products during their transportation
                 to the country of destination must be issued by the competent authority at the time of dispatch.
                 It must correspond in form and content to the model in Annex B. It must be made out at least in the
                 language(s) of the country of destination and must contain the particulars specified. It must consist of a single
                 sheet of paper.
                                                                     CHAPTER IX
                                                                 Storage and transport
             47. Meat products intended for intra-Communiry trade must be stored in the premises referred to in Chapter I,
                 paragraph 13 (a) or in a store approved in accordance with Directive 64/433/EEC.
                 Meat products in hermetically sealed containers which can be kept at ambient temperatures may be stored in
                 stores situated outside an establishment approved for the production of meat products, where these stores are
                 approved by the competent authorities.
             48. Meat products for which certain storage temperatures are indicated in accordance with Article 4 must be
                 maintained at those temperatures.
             49. Meat products must be transported in such a way that they are protected during transportation from anything
                 which may be detrimental to them or contaminate them, taking into account the length of the journey, the
                 means of transport and the weather conditions.
             50. Meat products must be transported in vehicles equipped to enable them to be transported when necessary
                 under refrigeration, the temperatures indicated in accordance with Article 4 not being exceeded.
 ---pagebreak--- No C 349/56                              Official Journal of the European Communities                                       31. 12. 85
                                                              ANNEXB
           HEALTH CERTIFICATE FOR MEAT PRODUCTS (') INTENDED FOR A MEMBER STATE OF THE
                                                                  EEC
                                                                                       No(2):
           E xporting country:
           Ministry:
           Department concerned:
           Reference (2):
             I. Identification of meat products
                 Products manufactured with meat from:
                                                                                     (Animal species)
                                     J
                 Nature of products ( ):
                 Nature of packaging:
                 Number of individual items or of packages:
                Storage and transport temperature {"):
                 Storage life (4):
                 Net weight:
            II. Origin of meat products
                 Address(es) and veterinary approval number(s) of approved processing establishment(s):
                 Address(es) and veterinary approval number(s) of approved store(s):
           III. Destination of meat products
                 The meat products are to be sent from:
                                                              (Plpce of dispatch)
                 to:
                                                            (Country of destination)
                 by the following means of transport ( s ):
                 Name and address of consignor:
                 Name and address of consignee:
           ('} Within the meaning of Article 2 of Directive 77/99/EEC.
          (2)   Optional.
           (3) Mention any ionizing radiation for medical reasons.
          (")  Where an indication is given in accordance with Article 4 of Directive 77/99/EEC.
          (5)  Indicate the number or registration number (railway wagons and lorries), the flight number (aircraft) or the
               name (ship).
 ---pagebreak--- 31. 12. 85                                  Official journal of the European Communities                                   No C 349/57
             IV. Health attestation
                  I, the undersigned, certify that:
                  (a) the meat products described above were manufactured from fresh meat or meat products under
                        conditions that comply with the requirements of Directive 77/99/EEC (');
                  (b) the said meat products, their wrappings or packaging, bear a mark proving that they have all come from
                        approved establishments (');
                  (c) the transport vehicles and equipment and the way in which the consignment was loaded comply with the
                        hygiene requirements laid down in Directive 77/99/EEC;
                  (d) the fresh pigmeat used in the manufacture of the meat products has/has not been (') subjected to a
                         trichinae detection test.
                  Done at                                                on
                                                                                                     (Signature)
                                                                                                (Name in capital letters)
                 Delete as appropriate.
              Proposal for a Council Regulation (EEC) concerning the implementation of the special programme to
                                                      combat hunger in the world
                                                          COM(85) 699 final
                               (Submitted by the Commission to the Council on \C December 1985)
                                                            (85/C 349/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                             Article 2
Having regard to the Treaty establishing the European                   Aid shall be granted to the developing countries, and
Economic Commumcy, and in particular Article 235                        especially the least developed of them. The purpose of the aid
thereof,                                                                shall be to support or stimulate the recipient countries' own
                                                                        efforts. It shall help towards improving the living conditions
Having regard to the proposal from the Commission,                      of the most needy sections of the population of the countries
                                                                        concerned.
Having regard to the opinion of the European Parliament,
Whereas accordingly on 11 July 1983 the Council adopted
Regulation (EEC) No 1993/83 (•), concerning the                                                      Article 3
implementation of a special programme to combat hunger in
the world over a two-year period (1983 to 1984);                        1. Community aid shall take the form both of support
                                                                        measures for recipient countries which have undertaken to
Whereas it is necessary to continue the programme and to                increase their level of self-reliance in food and of support
this end appropriations have been entered in the budget of the          measures designed to protect their natural resources and
European Communities;                                                   improve the way in which these resources are utilized.
Whereas the Treaty does not provide specific powers for this
purpose,                                                                2. Community aid to increase the level of self-reliance in
                                                                        food shall be aimed at supporting consistent measures
                                                                        undertaken in the rural sector by the recipient countries at the
                                                                        stages relating to the production, marketing, storage and
HAS ADOPTED THIS REGULATION:
                                                                        transport of agricultural products.
                             Article 1
                                                                        3. Measures to protect natural resources shall be
The Community shall, on an experimental basis, implement                implemented in the following fields particularly: more
special measures to combat hunger in the world.                         efficient use of fuel wood, reafforestation and the combating
                                                                        of desertification, better use of water resources at village level
(]) OJNoL 196,20. 7. 1983, p. 6.                                        and efficient management of domestic and wild livestock.