CELEX: 51991PC0381
Language: en
Date: 1991-09-04
Title: Amendment to the proposal for a COUNCIL REGULATION ( EEC ) laying down health rules for the protection and placing on the market of fresh poultry meat

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      C0M(91)381  final
                                      Brussels, 4 September 1991
                  Amendment to the proposal for a
                      COUNCIL REGULATION (EEC)
                   laying down health rules for the
               protection and placing on the market of
                          fresh poultry meat
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC-Treaty)
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                            Explanatory Memorandum
On 12 February 1990 the Commission submitted to the Council a proposal for a
Council Regulation laying down health rules for the production and placing on
the market of fresh poultry meat^1*.
As a result of the opinion delivered by the European Parliament at its meeting
of 12.06.1991, the Commission has decided, in accordance with Article 149 (3)
of the Treaty, to amend its original proposal.
(1) 0J No. C 84, 2.04.1990, p.71
 ---pagebreak---                                        - 3 -
          Amendment to the   proposal for a Council Regulation (EEC)
                         laying down health rules for the
                     protection and placing on the market of
                                fresh poultry meat
On 12 February 1990 the Commission submitted the above proposal to the
Council.   Following the opinion of the European Parliament delivered at its
sitting of 12 June 1991, the original proposal is amended as follows:
1. The fifth recital is replaced by the following:
   "Whereas the official veterinarians are responsible for ensuring that the
   provisions of this Regulation are applied in a slaughterhouse."
2. After the 5th recital insert the following new recital:
   "Whereas independent checks by the Commission are nevertheless necessary."
3. Insert the following new recital after the 11th recital:
   "Whereas the ante mortem and post mortem inspection system laid down in
   Chapters V, VII and V I M must be amended on the basis of the results of the
   pilot study funded by the EC and various Member States;    whereas uniform
   provisions for implementing the ante mortem inspection, including the
   residue tests, must be laid down before the new procedures take effect;"
4. Article 2(7) is replaced by the following:
   7. "'assistant' means a trained person officially designated ..." (rest
      unchanged).
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5. Article 9 is replaced by the following:
   "Veterinary experts from the Commission shall be required to make on-the-
   spot checks in order to monitor the application of this Regulation.     They
   shall verify whether establishments are actually complying with this
   Regulation.    The Commission shall  inform the Member States of the results
   of the investigation."
6. At Article 12 the first part is amended as follows:
   "The rules laid down in Council Directive No. 89/662/EEC of 11 December
   1989 2 concerning veterinary checks in intra-Community trade with a view
   to the completion of the internal market    ...." (rest unchanged).
7. Article 3(A)(b) is replaced by the following:
   "Come from an animal   inspected ante mortem by an official veterinarian, or
   by assistants acting under supervision of an official veterinarian, in
   accordance with Article 4, according to Chapter V or V bis of Annex    I and
   be considered, following such inspection, suitable for slaughter for trade
   in fresh poultry meat."
8. At Article 3(A)(d) the following sentence is added:
   "or have been inspected in accordance with Chapter VII bis of Annex    I".
9. Article 11 is replaced by the following:
   "1)   The competent control authority of the Member State can authorize
         specified slaughterhouses, to perform the health inspection referred
         to in Chapter V bis and Chapter VII bis of Annex   I.  This
         authorisation can be granted in relation to poultry arising from
         flocks taking part in a programme of good husbandry practices approved
         by the competent authority.   Slaughter animals that have been
         previously used as breeding animals or for production of eggs must
         undergo the health inspection referred to in Chapters V and VII of
         Annex I.
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   2) Partially eviscerated poultry must:
       a)    undergo the health inspection referred to in Chapters V bis and VII
             bis of Annex I
       b)    by derogation to Chapter VI, points 35 and 36 of Annex I have the
             intestines removed immediately.
   3) Non-eviscerated poultry must:
       a)    undergo the health inspection referred to in Chapter V bis and VII
             bis of Annex I
       b)    by way of derogation to Chapter VI, points 35 and 36 of Annex I, be
             stored in the non-eviscerated form at a temperature not exceeding +
             4'C for a maximum of 10 days
       c)    before this date, be eviscerated in the slaughterhouse where the
             slaughtering has been performed or in another approved cutting
             plant, fulfilling the requirements of Chapter II, point 14(b)(iii)
             of Annex I
       d)    by way of derogation to point a ) , where the birds undergo a health
             inspection according to Chapter VII of Annex I during the
             evisceration referred to in point C, they can undergo the ante
             mortem health inspection referred to in Chapter V of Annex I
       e)    the non-eviscerated poultry cannot bear the health mark referred to
             in Chapter XI of Annex I before the evisceration referred to in
             point c has been performed."
10. At Chapter II, point 14(b) the following point is added:
    " ( H i ) if evisceration is carried out there, a room where non-eviscerated
    poultry, referred to in Article 11(3), is eviscerated."
11. At Chapter V, point 25 of Annex I, the following sentence is added:
    "Poultry farms are subject to health checks, in particular taking into
    account the results of the examinations for residues and the information
    communicated according to the second sentence of Article 7(1)".
12. After Chapter V, the following Chapter V bis is inserted:
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                              "Chapter V bis,
                 Alternative ante mortem health inspection
                                at the farm
31 bis
a) Poultry intended to undergo the post mortem health inspection referred
   to in Chapter VII bis must undergo an ante mortem inspection performed
   by an official veterinarian in the farm of production in the last 5 days
   of fattening.
b) This inspection shall comport:
 i)   a clinical inspection of the birds present on the premises
 ii) a consultation of a production report established by the responsible
      for the flock, including at least the following data:
    - day of arrival of the birds
    - source of the birds
    - number of birds
    - expected performance of the particular breed
    - daily mortality
    - suppliers of feedingstuffs
    - kind and supplier of feed additives
    - consumption of feedingstuffs
    - examination and diagnostics of the treating veterinarian with,
       eventually, the results of laboratory examinations
    -   kind of medicament, date of administration and withdrawal time of
        drugs eventually given to the flock
    -   date and kind of vaccines eventually given
    -   weight gain
    -   previous results of health inspections performed on poultry
        originating from the same farm
    -   number of birds sent to the slaughterhouse
    -   day intended for slaughter
 Mi)    Screening for residues and zoonotic agents in accordance with
        Communitary rules
 ---pagebreak---                                        - 7-
   c) The poultry must be accompanied to the slaughterhouse by the health
      attestation referred to in Annex IV and a copy of the production report
      referred to in point b) (ii).
   d) The clinical inspection of the flock can be waived if the herd has
      already been visited in the last 15 days by an official veterinarian,
       inspecting another flock from the same herd, sent to the
      slaughterhouse."
13. After Chapter VII of Annex 1, the following Chapter VII bis is inserted:
                                 "Chapter VII bis
                            Alternative post mortem
                                health inspection
   47 bis
   a) Poultry that have undergone with satisfactory health result, the ante
      mortem health inspection referred to in Chapter V bis can undergo the
      post mortem health inspection referred to in this Chapter.
   b) The official veterinarian must examine:
    i)     the identity of the flock.   The health attestation referred to in
           Annex IV and the copy of the production report referred to in point
           31 bis (c), and the compliance with animal health rules,
    ii)    at the beginning of the slaughtering of one production unit the
           first 60 birds in the first 10 minutes to assess the health status
           of the birds,
    iii)   all birds culled following the individual  inspection,
    iv)    the hygiene of slaughtering operations,
   c) all birds undergo an individual inspection, performed by trained staff
      that, in addition, can be only in charge of quality evaluation and
      trimming,
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d) without prejudice to Article 7(1), the results of the health inspection
   are communicated to the competent veterinary authority responsible for
   supervision of the flock from which the animals originated and to the
   flock's owner or his representative, who is obliged to keep such
   communications and to present them to the official veterinarian engaged
   in ante mortem inspection at the next shift of production."
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(91) 381 final
                                                       DOCUMENTS
EN                                                                               03
                                 Catalogue number : CB-CO-91-408-EN-C
                                                              ISBN 92-77-75870-8
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