CELEX: 51989PC0671
Language: en
Date: 1990-02-01
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN THE HEALTH RULES FOR THE PRODUCTION AND PLACING ON THE MARKET OF MINCED MEAT, MEAT PREPARATIONS AND COMMINUTED MEAT FOR INDUSTRIAL USE

No C 84/120                                Official Journal of the European Communities                                          2. 4. 90
              3. Where necessary, standards other than those set out in points 1 and 2 may be set in respect of milk-based
                 products in accordance with the procedure laid down in Article 15.
                 Microbiological standards applicable, under conditions managed and controlled by the manufacturer, to the
                 use-by date and, where appropriate, detailed rules of application may be laid down in accordnce with the same
                 procedure.
                                                                CHAPTER V
                                               CONDITIONS GOVERNING LABELLING
              1. For inspection purposes, the words 'raw milk' must appear clearly in the labelling of raw milk intended for
                 direct human consumption.
              2. For inspection purposes, the words 'made with raw milk' must appear clearly in the labelling of milk-based
                 products manufactured from raw milk whose manufacturing process does not include heat treatment.
              3. For inspection purposes, the labelling of milk-based products must, where appropriate, specify the type of heat
                 treatment applied at the end of the manufacturing process.
                 The type of heat treatment concerned may be pasteurization, UHT treatment or sterilization within the
                 meaning of Regulation (EEC) No . . . / . . . (heat-treated drinking milk).
              Proposal for a Council Regulation (EEC) laying down the health rules for the production and placing
                 on the market of minced meat, meat preparations and comminuted meat for industrial use
                                                            COM(89) 671 final
                                      (Submitted by the Commission on 16 February 1990)
                                                               (90/C 84/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  Whereas the Community must adopt the measures intended
                                                                          to progressively establish the internal market over a period
Having regard to the Treaty establishing the European                     expiring on 31 December 1992;
Economic Community, and in particular Article 43
thereof,                                                                  Whereas the laying down of such rules improves the
                                                                          protection of public health and consequently facilitates the
Having regard to the proposal from the Commission,
                                                                          completion of the internal market;
Having regard to the opinion of the European Parliament,
                                                                          Whereas, to achieve this purpose, it is necessary to extend the
Having regard to the opinion of the Economic and Social                   principal health rules laid down in Council Directive
Committee,                                                                88/657/EEC of 16 December 1988 laying down the
                                                                          requirements for the production of, and trade in, minced
Whereas minced meat, meat preparations and cominuted                      meat, meat in pieces of less than 100 grams and meat
meat for industrial use are included in the list of products in           preparations and amending Directives 64/433/EEC,
Annex II to the Treaty; whereas the production of and trade               71/118/EEC and 72/462/EEC (») to all production and
in minced meat, meat preparations and comminuted meat for                 placing on the market of minced meat and meat preparations
industrial use constitute an important source of income for               in the Community;
part of the farming population;
                                                                          Whereas it is possible that, due to certain particular
Whereas in order to ensure the rational development of the                circumstances, some establishments operating prior to 1
industry producing such meat and to increase productivity,                January 1992 will not be able to comply with all the rules laid
public health rules for the production and placing an the                 down in this regulation; whereas the question of whether
market of such meat must be laid down at Community
level;                                                                    (') O J N o L 3 8 2 , 3 1 . 12. 1988, p. 3.
 ---pagebreak--- 2. 4. 90                                  Official Journal of the European Communities                                No C 84/121
limited and temporary derogations may be granted to such             meat products) where the transformation into meat products
establishments within the general framework laid down in             is performed in the establishment of production.
Council Decision . . . / . . ./EEC on the granting of
temporary and limited derogations from specific Community            4.     If necessary, the Commission shall adopt appropriate
health rules on the production and marketing of products of          rules for a uniform application of paragraphs 2 and 3, in
animal origin (*) should be resolved;                                accordance with the procedure referred to in Article 9.
Whereas it should be stressed that the granting of derogations
from the health rules laid down in this Regulation is without
prejudice to the submission of all operations of production                                       Article 2
and placing on the market of minced meat, meat
preparations and comminuted meat for industrial use to the           For the purpose of this Regulation:
general health rules laid down by Council Regulation (EEC)
No . . . laying down general health rules applicable to the          1. minced meat means preparations obtained by mincing
production and placing on the market of products of animal               into fragments or passing through a spiral-screw mincer
origin and specific health rules applicable to certain products          fresh meat as defined in Regulation (EEC)
of animal origin (2);                                                    No . . . / . . . (7) laying down the health rules for
                                                                         production and placing on the market of fresh meat.
Whereas Council Directive 79/112/EEC of 18 December
1978 on the approximation of the laws of the Member States           2. meat preparations means preparations made wholly or
relating to the labelling, preservation and advertising of               partly from fresh meat as defined in
foodstuffs (3) as last amended by Council Directive
89/395/EEC ( 4 ), and Council Directive 89/396/EEC of 14                 (a) Regulation (EEC) No . . . / . . . (laying down the
June 1989 on indications or marks identifying the lot to                       health rules for production and placing on the
which a foodstuff belongs (5) are applicable;                                  market of fresh meat)
                                                                         (b) Regulation (EEC) No . . . / . . . (8) (laying down the
Whereas the Commission should be entrusted with the task                        health rules for production and placing on the
of adopting certain measures for implementing this                             market of fresh poultrymeat)
Regulation; whereas, to that end, procedures should be laid
down establishing close and effective cooperation between                or from minced meat.
the Commission and the Member States within the Standing
Veterinary Committee,                                                    Meat preparations         are   preparations   which have
                                                                         undergone
                                                                         — either a treatment other than those referred to in
                                                                              Regulation (EEC) No . . . / . . . (laying down health
HAS ADOPTED THIS REGULATION:                                                  rules for the production and placing on the market of
                                                                              meat products);
                                                                         — or been prepared by addition of foodstuffs, seasoning
                           Article 1                                          or additives;
1.     This Regulation lays down health rules for the                    — or undergone a combination of the above.
production and placing on the market in the Community of
                                                                         The preparation must be such that the cellular structure
minced meat, meat preparations and comminuted meat for
                                                                         of the meat is unaffected and the finished product
industrial use.
                                                                         contains no fragments of bone.
2.     This Regulation shall not apply to minced meat and                Minced meat and fresh meat which have undergone only
meat preparations obtained in retail shops or in premises                cold treatment shall not be regarded as meat
adjacent to sale points, prepared on the spot at the request of          preparations.
the purchaser or to such meat obtained in establishments
selling directly to the consumer where transport and                 3. Seasoning means salt intended for human consumption,
packaging are not involved.                                              mustard, spices and spice extracts, aromatic herbs and
                                                                         extracts thereof.
3.     This Regulation shall not apply to comminuted meat
for industrial use produced in establishments approved               4. Foodstuffs means any product of animal or vegetable
according to Regulation (EEC) No . . . / . . . (6) (on health            origin considered fit for human consumption.
conditions for the production and placing on the market of
I1) O J N o L . . .                                                  5. Products for direct consumption means minced meat or
;2) OJ No L . . .                                                        meat preparations intended to be consumed directly
[3) OJ No L 33, 8. 2. 1979, p. 1.                                         without undergoing any further treatment.
 4
   ) OJ No L 186, 30. 6. 1989, p. 17.
 5
   ) OJ No L 186, 30. 6. 1989, p. 21.                                (7) OJ No L . . .
'«) OJ No L . . .                                                    (8) OJ No L . . .
 ---pagebreak--- N o C 84/122                                 Official Journal of the European Communities                                         2. 4. 90
6. comminuted meat for industrial use means minced meat                     (d) have been inspected in accordance with Chapters V
     or mechanically recovered meat intended to undergo one                      and VI of Annex I;
     of the treatments referred to in Regulation (EEC)
     No . . . / . . . (laying down the health rules for                     (e) have been marked in accordance with Chapter VII
     production and placing on the market of meat                                of Annex I;
     products).
                                                                            (f)  have been transported                in accordance   with
                                                                                 Chapter VIII of Annex I;
 7. Establishment means a processing plant for production
     of minced meat and/or meat preparations and/or                         (g) comply with the microbiological standards referred
     comminuted meat for industrial use.                                         to in Annex II, in case of products for direct
                                                                                 consumption or as ingredient for meat
     The definitions given in Articles 2 of                                      preparations.
     — Regulation (EEC) No . . . / . . . (laying down the               B.  Meat preparations must
         health rules for production and placing on the market
                                                                            (a) have been prepared from fresh meat
         of fresh meat)
                                                                                   (i) either in compliance with point A;
     — Regulation (EEC) No . . . / . . . (laying down the                         (ii) or in compliance with Regulation (EEC)
         health rules for production and placing on the market                         No . . . / . . . (laying down the health rules for
         of fresh poultrymeat)                                                         production and placing on the market of fresh
                                                                                       meat);
     — Regulation (EEC) No . . . / . . . (laying down the
                                                                                (iii) or in compliance with Directive 72/462/EEC
         health rules for production and placing on the market
                                                                                       and coming from a third country either directly
         of meat products)
                                                                                       or via another Member State. In the case of
                                                                                       fresh pigmeat it must have been examined for
     shall apply where necessary.                                                      trichinae in accordance with Article 2 of
                                                                                       Directive 7 7 / 9 6 / E E C ;
                                                                                (iv) or in compliance with Regulation (EEC)
                                                                                       No . . . / . . . (laying down the health rules of
                                Article 3                                              production and placing on the market of fresh
                                                                                       poultrymeat). In this case the mincing of
Minced meat, meat preparations and comminuted meat for                                 poultrymeat shall be performed in the
industrial use must meet the following conditions:                                     establishment of production of meat
                                                                                       preparations.
A. Minced meat must                                                         (b) have been prepared in an establishment approved
                                                                                according to Article 5 for this purpose;
     (a) have been prepared from fresh meat
                                                                           (c) have been prepared, packaged and stored in
            (i) either in compliance with Regulation (EEC)
                                                                                accordance with Chapter II of Annex I;
                No . . . / . . . (laying down the health rules for
                production and placing on the market of fresh               (d) have been inspected in accordance with Chapters V
                meat)                                                           and VI of Annex I;
           (ii) or     in        compliance     with     Directive
                                                                            (e) have been marked in accordance with Chapter VII
                72/462/EEC (J) and coming from a third
                                                                                of Annex I;
                country either directly or via another Member
                State. In the case of fresh pigmeat it must have           (f)  have been transported                in  accordance  with
                been examined for trichinae in accordance with                  Chapter VIII of Annex I;
                Article 2 of Directive 77/96/EEC (2).
                                                                           (g) comply with the microbiological standards referred
     (b) have been prepared in                                                  to in Annex II in case of products for direct
                                                                                consumption. However, derogations can be
            (i) either a cutting plant approved according to                    established according to the procedure referred to in
                 Regulation (EEC) No . . . / . . . (laying down                 Article 9 for some products not obtained from
                the health rules for production and placing on                  minced meat or for some products obtained from
                 the market of fresh meat)                                      poultrymeat.
           (ii) or an establishment approved according to
                Article 5 for this purpose;                             C. Comminuted meat for industrial use must
     (c) have been prepared, packaged and stored in                        (a) have come from fresh meat:
           accordance with Chapter HI of Annex I;                                  (i) either in compliance with Regulation (EEC)
                                                                                       No . . . / . . . (laying down the health rules for
(') OJ No L 302, 31. 12. 1972, p. 28.                                                  production and placing on the market of fresh
(2) OJ No L 26, 31. 1. 1977, p. 67.                                                    meat);
 ---pagebreak--- 2. 4. 90                                        Official Journal of the European Communities                                  No C 84/123
             (ii) or in compliance with Directive 72/462/EEC                          In this case they must be obtained from the meat
                  and coming from a third country either directly                     referred to in subparagraph (a) (i),
                  or via another Member State;
                                                                                 (ii) or quick frozen and wrapped for the final consumer,
            (iii) or in compliance with Regulation (EEC)                              in this case they must conform with the Council
                  No . . . / . . . (laying down the health rules for                  Directive 89/108/EEC (');
                  production and placing on the market of fresh
                  poultrymeat);
                                                                           2.      The additives used must be in conformity with
                                                                           Community rules.
     (b) have been prepared, as appropriate, in,
              (i) either a cutting plant approved according to
                  Regulation (EEC) No . . . / . . . (laying down
                  the health rules for production and placing on
                                                                                                         Article 5
                  the market of fresh meat);
             (ii) or a cutting plant approved according to
                                                                           1.      Each Member State shall draw up a list of the
                  Regulation (EEC) No . . . / . . . (laying down
                                                                           establishments manufacturing
                  the health rules for production and placing on
                  the market of fresh poultrymeat);
                                                                           — minced meat,
           (iii) or an establishment approved according to
                  Regulation (EEC) No . . . / . . . (laying down           — meat preparations,
                  the health rules for production and placing on
                  the market of meat products);                            — comminuted meat for industrial use approved by it.
           (iv) or an establishment approved according to
                  Article 5 for this purpose;                              This list shall be forwarded to the other Member States and
                                                                           the Commission, stating whether these establishments are
     (c) have been prepared, packaged and stored in                        connected to establishments approved according to the
           accordance with Chapter IV of Annex I;                          Regulations referred to in (a), (b) or (c) or are independent
                                                                           establishments.
     (d) have been inspected in accordance with Chapters V
           and VI of Annex I;
                                                                           Each establishment shall receive an approval number, which
     (e) have been marked in accordance with Chapter VII                   in the first case shall be that of the establishment that has been
           of Annex J;                                                     approved, indicating that it has been approved for the
                                                                           production of minced meat, meat preparations and
     (f)   have been transported             in   accordance    with       comminuted meat for industrial use.
           Chapter VIII of Annex I;
                                                                           Establishments thus approved shall be entered in a separate
                                                                           column either on the list of establishments referred to in
                                  Article 4                                (a) Regulation (EEC) No . . . / . . . (laying down the health
                                                                                rules for production and placing on the market of fresh
1.      In addition to the general conditions laid down in                      meat) or
Article 3, minced meat and, insofar as they contain such
meat, meat preparations must                                               (b) Regulation (EEC) No . . . / . . . (laying down the health
                                                                                 rules for production and placing on the market of fresh
(a)    (i) either be obtained from chilled fresh meat, within a                 poultrymeat) or
           maximum of six days after the slaughter of the
           animal of origin, compliance with this requirement              (c) Regulation (EEC) No . . . / . . . (laying down the health
           being guaranteed by a method of identification to be                 rules for production and placing on the market of meat
           specified by the competent authority;                                products)
     (ii) or be obtained from frozen or quick frozen boneless              (d) or, in case of independent establishments, on a separate
           meat.                                                                list drawn up according to the same criteria.
(b) undergo cold treatment referred in subparagraph (c)
      within a maximum of one hour after cutting into                      2.      A Member State shall not include an establishment on
      portions and wrapping except where processes                         the list referred to in paragraph 1 unless it is sure that the
      requiring the lowering of internal temperature of the                establishment satisfies the conditions laid down in this
      meat during preparation are used;                                    Regulation.
(c) be placed on the market,                                               Member States shall withdraw the approval if the conditions
       (i) either chilled and wrapped for the final consumer               cease to be met.
           and cooled at an internal temperature below + 2° C
           in a period of not more than one hour.                          (M OJ No L 40, 11. 2. 1989, p. 43.
 ---pagebreak--- N o C 84/124                              Official Journal of the European Communities                                     2. 4. 90
If a check has been made in accordance with Article 6, the                                       Article 9
Member State concerned shall take account of the
conclusions thereof. The other Member States and the                 1.     The Commission shall be assisted by the Standing
Commission shall be informed in the event of approval being          Veterinary Committee, set up by the Council Decision
withdrawn.                                                           68/361/EEC (2), hereinafter           referred  to as 'the
                                                                     Committee'.
3.     The inspection and supervision of establishments shall
be carried out under the responsibility of the competent             2.     Where the procedure laid down in this Article is to be
authority which may be assisted in purely practical tasks by         followed, the following provisions shall apply.
staff specially trained for the purpose. The competent
authority must at all times have free access to all parts of the     The representative of the Commission shall submit to the
establishments in order to ensure that this Regulation is being      Committee a draft of the measures to be taken. The
complied with.                                                       Committee shall deliver its opinion on the draft within a time
                                                                     limit which the Chairman may lay down according to the
The detailed rules governing this assistance shall be                urgency of the matter. The opinion shall be delivered by the
determined in accordance with the procedure laid down in             majority laid down in Article 148 (2) of the Treaty in the case
Article 10.                                                          of decisions which the Council is required to adopt on a
                                                                     proposal from the Commission. The votes of the
4.     The production of the health mark and sealing material        representatives of the Member States within the Committee
referred to in Chapter VII of Annex I must be authorized by          shall be weighted in the manner set out in that Article. The
the authorities of the Member State which supervise their            Chairman shall not vote.
use.
                                                                     The Commission shall adopt the measures envisaged if they
                                                                     are in accordance with the opinion of the Committee.
                           Article 6
                                                                     If the measures envisaged are not in accordance with the
1.     Veterinary experts from the Commission may, in so far         opinion of the Committee, or if no opinion is delivered, the
as is necessary to ensure uniform application of this                Commission shall, without delay, submit to the Council a
Regulation, make on-the-spot checks; they may verify                 proposal relating to the measures to be taken. The Council
whether establishments are actually complying with this              shall act by a qualified majority.
Regulation. The Commission shall inform the Member
States of the results of the investigation.                          If, on the expiry of a period of three months from the date of
                                                                     referral to the Council, the Council has not acted, the
A Member State in whose territory a check is being carried           proposed measures shall be adopted by the Commission.
out shall give all the necessary assistance to the experts in
carrying out their duties.
                                                                                                Article 10
2.     If necessary, the general provisions for implementing
this Article shall be determined in accordance with the              Where the procedure laid down in this Article is to be
procedure laid down in Article 20. In accordance with the            followed, the following provisions shall apply.
same procedure, a code containing the rules to be followed
for the purpose of the checks provided for in paragraph 1            The representative of the Commission shall submit to the
may be established.                                                  Committee a draft of the measures to be taken. The
                                                                     Committee shall deliver its opinion on the draft within a
                                                                     time-limit which the Chairman may lay down according to
                           Article 7                                 the urgency of the matter, if necessary by taking a vote.
The rules laid down in Council Regulation (EEC) No . . . (*)         The opinion shall be recorded in the minutes; in addition,
(concerning veterinary checks on intra-Community trade in            each Member State shall have the right to ask to have its
view of completing the internal market), shall apply in              position recorded in the minutes.
particular with respect to the organization of and the action
to be taken following the checks carried out by the country of       The Commission shall take the utmost account of the
destination and the safeguard measures to be applied in              opinion delivered by the Committee. It shall inform the
relation to health problems affecting production and                 Committee of the manner in which its opinion has been taken
distribution of fresh meat in the territory of the                   into account.
Community.
                                                                                                Article 11
                           Article 8
                                                                     1.     In accordance with the procedure referred to in
The Annexes in particular, to adapt them to advances in              Article 9, derogations from the rules referred to in the
science and technology, shall be amended by the Commission           Annexes may be granted in favour of establishments which
in accordance with the procedure referred to in Article 9.           have small production.
(>) O J N o L . . .                                                  (2) OJ No L 255, 18. 10. 1968, p. 23.
 ---pagebreak--- 2. 4. 90                                       Official Journal of the European Communities                                        No C 84/125
2.    When examining the derogations referred to in                                                           Article 13
paragraph 1, the Commission shall take into account the
information and the criteria referred to in Articles 2 and 3 of                1.     Directive 8 8 / 6 5 7 / E E C is hereby repealed with effect
Council Decision . . . / . . ./EEC (on the granting of                         from 1 January 1993.
temporary and limited derogations from specific Community
                                                                               2.     However, the implementing provisions adopted under
health rules on the production and marketing of products of
                                                                               Directive 88/ 657/ EEC shall remain valid for the purposes of
animal origin).
                                                                               this Regulation.
3.     When granting the derogations referred to in
paragraph 1, the Commission shall establish in accordance
with the procedure referred to in Article 9, the general and                                                  Article 14
particular conditions applicable to the enforcement of each
                                                                               This Regulation shall enter into force on the thirtieth day
derogation.
                                                                               following its publication in the Official Journal of the
                            Article 12                                         European Communities.
The Commission may, in accordance with the procedure                           It shall apply with effect from 1 January 1993.
referred to in Article 10, draw up recommendations
containing guidelines concerning good manufacturing
practices applicable to different stages of production and                     This Regulation shall be binding in its entirety and directly
placing on the market.                                                         applicable in all Member States.
                                                                       ANNEX I
                                                                     CHAPTER I
              SPECIAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS PRODUCING MINCED MEAT,
                                 MEAT PREPARATIONS, COMMINUTED MEAT FOR INDUSTRIAL USE
                   Over and above the general conditions laid down in, respectively Annex I, points 1 to 12 and points 14,15
                   and 16 of Regulation (EEC) No . . . / . . . (laying down the health rules for production and placing on the
                   market of fresh meat and repealing Directive 64/433/EEC) and Chapter I of Annex A to Regulation (EEC)
                   No . . . / . . . [laying down the health rules for the production and placing on the market of meat products and
                   repealing Directive 77/99/EEC] and points 1 to 12 and points 14, 15 and 16 of Regulation (EEC)
                   No . . . / . . . [laying down the health rules for production and placing on the market of fresh poultrymeat and
                   repealing Directive 71/118/EEC], production plants or independent production units shall have at
                   least:
                   (a) a room separate from the cutting room for mincing, wrapping and for the addition of other foodstuffs,
                        equipped with a recording thermometer or recording telethermometer.
                        However, the competent authority may authorize the mincing of meat in the cutting room provided that
                        the mincing is carried out in a separate area and does not involve the addition of seasonings and other
                        foodstuffs;
                   (b) a room for packaging, unless the conditions laid down in point 62 of Chapter XI of Annex I to
                        Regulation (EEC) No . . . / . . . [laying down the health rules for production and placing on the market
                        of fresh meat and repealing Directive 64/433/EEC] are fulfilled;
                   (c) a room for storing seasonings and other cleaned foodstuffs ready for use;
                   (d) refrigeration equipment enabling the temperatures laid down in this Regulation to be adhered to.
                   Establishments producing meat preparations shall also comply with the relevant requirements of Chapter I of
                   Annex B to Regulation (EEC) No . . . / . . . [laying down the health rules for the production and placing on
                   the market of meat products and repealing Directive 77/99/EEC].
                   The rules laid down in Chapter IV of Annex I to Regulation (EEC) No . . . / . . . [laying down the health rules
                   for production and placing on the market of fresh meat and repealing Directive 64/433/EEC] shall apply as
                   regards the hygiene of the staff, premises and equipment in the establishments.
                   Staff engaged in the manual preparation of minced meat shall also wear masks covering their noses and
                   mouths and surgical-type gloves.
 ---pagebreak--- ^oC^Bt^                                COt^c^i^onrn^otr^cLuro^^nCornrnnnin^                                                    ^^ ^0
         ^ Meat shall be examined before cutting All soiled orsuspect parts shall be removed and condemned before the
           meat is cut up
         ^ Comminuted meat for industrial use shall not be obtained from contaminated meat tn particular,
           mechanically recovered meat shall be obtained from flesh bearing bones apart from the bones of the head,
           extremities of the limbs below the carpal and tarsal joints and, in case of swme, the coccydeal
           vertebrae
         ^ ^ h e r e the operations carried out fromthe time when the meat enters the room referred t o m C h a p t e r t ,
           p o m t t m M o ^ h e time when the finished product undergoes the chilling or fieeBmg process,the internal
           temperature of the meat shall be no higher t h a n ^ ^ ^ C f o r fresh meat a n d ^ ^ C f o r fresh poultrymeat and
           the temperature of the production premises shall be no higher than ^ t ^ C
         ^ Immediately after production,comminuted meat shall be hygiemcally wrapped andpickaged and stored ata
           temperature of not more than ^ ^ ^ C m the case of chilled meat and not more than                f^^Cmthecaseof
           frozen meat
                                                          cnAtnm^na
                                    co^ntTto^^o^^onucrto^o^Mt^c^nM^AT
         7 Meat shall be examined before mincing All soiled and suspect parts shall be removed and condemned before
           the meat is minced
         ^ Minced meat shall not be obtained from scrap cuttings or scrap trimmings,
           tn particular, it shall not be prepared from meat from the following parts of bovine animals, pigs, sheep or
           goats fragments of muscles from the head, boned shin meat, the point at which the stacking of the animal
           took place, m^ect^on areas, diaphragm and the central part of the belly muscles and bone scrapings ttshalt
           not contain any bone fragments
         ^ ^ h e r e the operations carried out from the time when the meat enters the room referred to in Chapter t,
           pomtt mm^^he time when the finished product undergoes the chilling or freeing process are performed
           withmamaximum period of one hour,the internal temperatuieof the meat shatl be no higher than ^B^^C
           and the temperature of the production premises shall be no higher than ^ f ^ e . The competent authority
           mayauthon^ealonger time limit in individual cases where the addition of seasonings or foodstuffs justifies
           this on technical grounds, provided hygiene rules are not affected by that derogation
           ^ h e r e the duration of these operations is over one hour or over the period authorised by the competent
           authority in accordance with the preceding subparagraph, the fresh meat may not be used until the internal
           temperature of the meat has been reduced t o a m a x i m u m of ^ ^ ^ C
           Immediately after production the minced meat shall be hygiemcally wrapped and packaged and stored at the
           temperatures prescribed in Article ^ m n ^
                                                          cnA^r^^tv
                    ^^CtAL^^Ut^^M^^T^^O^Tn^^OOUCnO^O^M^AT^^
        fO Over and above the general requirements of Chapter t, and depending on the type of production
           concerned
           ^      the production of meat preparations shall take place under conditions of temperature control
                  tmmediately after production,meat preparations must be forthwith cooled toatemperature below
                   ^ ^ C , i f they contain minced meat,they shall be cooled to the temperatures provided for in Articled
           ^      meat preparations intended for direct sale to the final consumer shall be wrapped in indivisible
                  commercial portions,
           ^      refree^mg of meat preparations shall be prohibited
 ---pagebreak--- 2. 4. 90                              Official Journal of the E u r o p e a n Communities                                  No C 84/127
                                                           CHAPTER V
                                                           INSPECTION
         11. Establishments which produce the minced meat or meat preparations or comminuted meat for industrial use
             shall be subject to inspection by the official service. The official service shall be present when work is
             undertaken. .
         12. Inspection by the official service shall include the following tasks:
             — inspecting the entries of fresh meat,
             — inspecting the outgoing products,
             — hygiene inspection of the premises, facilities and instruments,
             — taking of any necessary samples and in particular those required for the microbiological tests referred to in
                 Chapter VI.
                                                           CHAPTER VI
                                                  MICROBIOLOGICAL TESTS
         13. The production of minced meat, comminuted meat for industrial use and meat perparations shall be
             monitored by means of daily microbiological tests in the production establishment or in an approved
             laboratory.
             To that end, the operator or proprietor of the establishment or his representative shall conduct a regular
             check on the general hygiene of conditions of production in his establishment, in particular by
             microbiological controls.
             These controls shall cover utensils, fittings and machinery at all stages of production and, according to the
             type of production concerned, products.
             He shall be in a position, upon request from the official service, to inform the competent authority or the
             Commission's veterinary experts of the nature, frequency and results of the controls conducted to this end,
             together with the name of the investigating laboratory if need be.
             The competent authority shall regularly analyze the results of the monitoring provided for in the first
             subparagraph. It may, on the basis of this analysis, conduct further microbiological examinations at all stages
             of production or on the products.
             The results of these analyses shall be written up in a report, the conclusions and recommendations of which
             shall be notified to the operator, who shall see to the rectification of shortcomings noted with a view to
             improving hygiene.
         14. The sample taken for analysis shall comprise five units weighing 100 grams each. Where minced meat is being
             produced in portions intended for the final consumer, the sample shall be taken from wrapped products. The
             samples shall be representative of daily production.
         15. According to the type of production concerned, samples shall be examined every day for aerobic mesophile
             bacteria and salmonella and every week for staphylococci, Escherichia coli and sulphite-reducing
             anaerobes.
             However,
             — for comminuted meat for industrial use, the competent authority, taking into account the intended
                 utilization of the product, may require only the examination for aerobic mesophile bacteria,
             — where the standards for salmonella have been adhered to over a three-month period, the competent
                 authority may authorize weekly examinations,
             — in the case of products to be placed on the market frozen or deep-frozen, the competent authority may
                 waive the test for staphylococci.
         16. In spot checks carried out by production plants or independent production units, production of the minced
             meat and meat preparations shall, depending on the type of meat used, comply with the standards laid down
             in Annex II.
 ---pagebreak--- N o C 84/128                             Official Journal of the European Communities                                          2. 4. 90
           17. The results of the microbiological tests shall be at the official veterinarian's disposal.
               The establishment shall inform the official veterinarian when the standards laid down in Annex II are
               reached. The official veterinarian shall take the appropriate measures.
               If, after the expiry of 15 days starting from the time of sampling, the output from production plants or
               independent production units does not meet the standards prescribed, products from such establishments
               shall be excluded from human consumption.
                                                            CHAPTER VII
                                                    MARKING AND LABELLING
           18. — Minced meat shall be marked on the packaging with the health mark of the establishment as defined in
                    Chapter X of Annex I to Regulation (EEC) No . . . / . . . (laying down the health rules for production and
                    placing on the market of fresh meat and repealing Directive 64/433/EEC).
               — Meat preparations shall be marked on the packaging with the health mark of the establishment as defined
                    in Chapter V of Annex A to Regulation (EEC) No . . . / . . . (laying down the health rules for the
                    production and placing on the market of meat products and repealing Directive 77/99/EEC).
               — Comminuted meat for industrial use shall be marked on the packaging with the health mark of the
                    establishment oi production.
           19. Without prejudice to Directive 79/112/EEC, for inspection purposes that the following information is
               visibly and legibly displayed on the packaging of minced meat, meat preparations and comminuted meat for
               industrial preparation,
               — where it is not clear from the sales description or from the list of ingredients in accordance with Directive
                    79/112/EEC, the species from which the meat was obtained, and, in the case of a mixture, the percentage
                    of each species,
               — for packaging not intended for the final consumer, the date of preparation.
           20. Without prejudice to points 18 and 19, for minced meat or meat preparations wrapped in commercial
               portions intended for direct sale to the consumer, a printed reproduction of the information referred to in
               point 19 and of the mark provided for in paragraph 18 shall appear on the wrapping or on a label applied to
               the wrapping. The mark shall include the establishment's approval number. The dimensions laid down in
               Regulation (EEC) No . . . / . . . (laying down the health rules for production and placing on the market of
               fresh meat and repealing Directive 64/433/EEC) and Regulation (EEC) No . . . / . . . (laying down the
               health rules for production and placing on the market of fresh poultrymeat and repealing Directive
               71/118/EEC) and Regulation (EEC) No . . . / . . . (laying down the health rules for the production and
               placing on the market of meat products and repealing Directive 77/99/EEC), shall not apply to the marking
               referred to in this paragraph, provided that the required information is legible.
                                                           CHAPTER VIII
                                                            TRANSPORT
           21. The minced meat, meat preparations and comminuted meat for industrial use must be dispatched in such a
               way that during tansport it is protected from anything liable to contaminate it or to affect it unfavourably,
               having regard to the duration and conditions of transport and to the means of transport employed. In
               particular, vehicles used to transport minced meat, meat preparations and comminuted meat for industrial
               use, shall be equipped in such a way as to ensure that the temperatures laid down in this Regulation ar not
               exceeded and for long-distance trade they must be equipped with a recording thermometer to ensure that the
               latter requirement is fulfilled.
 ---pagebreak--- 2. 4. 90                                  Official Journal of the European Communities                                              No C 84/129
                                                                 ANNEX II
                                                  MICROBIOLOGICAL STANDARDS
         1. Microbiological standards
            Establishments must ensure that, in accordance with Chapter VI of Annex I and with the methods of
            interpretation set out below, minced meat intended to be marketed without further processing or as an
            ingredient in meat preparations, comply with the following standards:
                                                                                      M(>)                          m(2)
            Aerobic mesophile bacteria                                             5 x 10 6 /g                   5 x 10 5 /g
            n( 3 ) = 5            cH = 2
            Escherichia coli                                                       5 x 10 2 /g                     50/g
            n = 5                 c = 2
            Sulphite-reducing anaerobes                                               10 2 /g                      10/g
            n = 5                 c = 1
            Staphylococci                                                          5 x 10 2 /g                     50/g
            n = 5                 c = 1
            Salmonella
            n = 5                 c = 0                                                         absence in 25 g
            (') M = acceptability threshold, above which results are no longer considered satisfactory where M equals 1 0 m where the
                        count is made in a solid medium and M equals 30 m where the count is made in a liquid medium.
            (2) m = threshold below which all results are considered satisfactory.
             3
            ( ) Number of units making up the sample.
            (4) Number of units in the sample giving values between m and M.
            A. Three categories of contamination for aerobic mesophile bacteria, Escherichia coli, sulphite-reducing
                  anaerobes and staphylococci, viz.:
                  — up to and including the criterion m,
                 — between the criterion m and the threshold M,
                 — above the threshold M.
                  1. The quality of the consignment shall be considered:
                      (a) satisfactory, where all the values observed are equal to or less than 3 m where a solid medium has
                           been used or 10 m where a liquid medium has been used;
                     (b) acceptable, where all the values observed are between:
                            (i) 3 m and 10 m ( = M) in a solid medium;
                           (ii) 10 m and 30 M ( = M) in a liquid medium
                           and where c/n is equal to or less than 2/5 where n = 5 a n d c = 2 or any other figures of equivalent
                           or greater reliability to be recognized according to the procedure referred to in Article 9.
                 2. The quality of the consignment shall be considered unsatisfactory:
                     — in all cases where values in excess of M are observed,
                     — when c/n is > 2 / 5 .
                     However, where this latter threshold has been exceeded for aerobic micro-organisms at + 30 °C while
                     all the other criteria have been fulfilled, this exceeding of the threshold must be the subject of a further
                     interpretation, in particular in the case of raw products.
 ---pagebreak--- N o C 84/130                                   Official Journal of the European Communities                                            2. 4. 90
                            In any event, the product must be considered toxic or tainted when contamination reaches the microbic
                            limit value S, which for general purposes is set at 103 m.
                            In the case of Staphylococcus aureus, the value of S must be allowed to exceed 5 x 10 4 .
                            Tolerances related to analytical techniques shall not apply to the values M and S.
                 B. Two categories for salmonella, with no category tolerance permitted:
                     — 'Absence in': the result is considered satisfactory,
                     — 'Presence in': the result is considered unsatifactory.
              2. The microbiological methods for examination will be established according to the procedure referred to in
                 Article 9.
              Proposal for a Council Regulation (EEC) adopting health rules for the production and placing on the
                                                     market of heat-treated drinking milk
                                                              COM(89)      672   final
                                            (Submitted   by the Commission       on 23 March           1990)
                                                                 (90/C 84/12)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                     and animal health problems affecting i n t r a - C o m m u n i t y
                                                                             trade in heat-treated milk (l), as last amended by Directive
Having regard to the Treaty establishing the European                        8 9 / 1 6 5 / E E C ( 2 ); whereas this extension requires certain
Economic C o m m u n i t y , and in particular Article 43                    technical amendments to the said Directive;
thereof,
Having regard to the proposal of the Commission,                             Whereas it is possible that, due to certain circumstances,
                                                                             some establishments operating prior to 1 J a n u a r y 1992 will
                                                                             not be able to comply with all the rules laid d o w n in
Having regard to the opinion of the European Parliament,
                                                                             this Regulation; whereas the question of whether limited
                                                                             or temporary derogations may be granted to such
Having regard to the opinion of the Economic and Social                      establishments within the general framework laid d o w n in
Committee,                                                                   Council Decision . . . / . . . / E E C of . . . on the conditions
                                                                             for granting temporary and limited derogations from specific
Whereas heat-treated drinking milk is included in the list of                C o m m u n i t y health rules for certain products of animal
products in Annex II to the Treaty; whereas the production                   origin (3) should be resolved;
of and trade in r a w milk used for the preparation of
heat-treated drinking milk constitute an important source of
income for the farming population;                                           Whereas it should be stressed that the granting of derogations
                                                                             from the health rules laid d o w n in this Regulation is without
Whereas in order to ensure rational development of this                      prejudice to the submission of all operations of production
sector and to increase productivity, public health rules                     and placing on the market of heat-treated milk to the general
governing the production and placing on the market of this                   health rules laid d o w n in Council Regulation (EEC) N o . . .
product should be adopted at C o m m u n i t y level;                        of . . . laying d o w n general health rules for the production
                                                                             and placing on the market of products of animal origin and
                                                                             specific health rules for certain p r o d u c t s of animal
Whereas the C o m m u n i t y must adopt the measures intended               origin ( 4 );
to progressively establish the internal market over a period
expiring on 31 December 1 9 9 2 ;
                                                                             Whereas Council Directive 7 9 / 1 1 2 / E E C of 18 December
Whereas the laying d o w n of health rules promotes the                      1978 on the approximation of the laws of the M e m b e r States
protection of public health and completion of the internal
market;
                                                                             H    OJ   No L 226, 24. 8. 1985, p. 13.
                                                                             (2)  OJ   N o L 6 1 , 4. 3. 1989, p. 57.
Whereas it is necessary to extend the principles laid d o w n in             (3)  OJ   No L . . .
Council Directive 8 5 / 3 9 7 / E E C of 5 August 1985 on health             («)  OJ   No L . . .