CELEX: 51987PC0658
Language: en
Date: 1987-12-16
Title: Proposal for a COUNCIL DIRECTIVE on health problems affecting the production, placing on the market of the Community and importation from third countries of minced meat and meat in pieces of less than one hundred grams (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 658
Vol. 1987/0309
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(87 ) 658 final
                                                   Brussels , 16 December 1987
                                   Proposai for a
                                 COUNCIL DIRECTIVE
     on health problems affecting the production , placing on the market
        of the Community and importation from third countries of minced
             meat and meat in pieces of less than one hundred grams
                          ( submitted by the Commission )
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 C0M(87 ) 658 final
 ---pagebreak---                                   EXPLANATORY MEMORANDUM
According to the existing Directives regulating intra-Community trade and
 importations from Third Countries of fresh meat ( Directive 64 / 433 / EEC and
Directive TP / MSP / EEC ) limitations exist in relation to trade of minced meat
and meat in pieces of less than 100 grams .
In order to harmonize the health rules governing the trade of such products ,
the present draft is proposed , taking into account the following points :
1 . The proposed rules should apply initially only to the intra-Community trade
     and be extended step by step to the national market , in order to get , by
     1 January 1992 , a complete harmonization between the two sectors , enabling
     a completely free circulation .
2 . Some exceptions are laid down for minced and meat in pieces of less than
     100 grams not submitted for commercial transactions or prepared on the spot
     for sale to the final consumer .
3 . The same health rules requested for the intra-Community trade should also
     apply to importation of this type of meat from Third Countries .
14 . The administrative framework of the existing Directives 6i4 / il33 / EEC and
     72 / 642 / EEC is used for the approval of the establishments , for the control
     of and for the importation from Third Countries of minced meat and meat in
     pieces of less than 100 grams .
5 . The Annex lays down the hygiene rules to be followed and the rules for the
     health control of minced meat and meat in pieces of less than 100 grams .
 ---pagebreak---                                    Proposai for a
                                COUNCIL DIRECTIVE
      on health problems affecting the production , placing on the market of
        the Community and importation from third countries of minced meat
                and meat in pieces of less than one hundred grams
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas in order to ensure the smooth functioning of the common market and in
particular of the common organizations of the market in the meat sector the
marketing of minced meat and meat in pieces of less than one hundred grams
should no longer be impeded by disparities between the Member States as
regards health requirements in this field ; whereas this will make possible
greater harmonization of production and fair competition while ensuring that
consumers are offered high quality products ;
Whereas in the framework of the internal market it is necessary , in order to
ensure free movement within the Community , prevent distortions of competition
and guarantee consumers uniform health protection , gradually to extend the
rules on production and placing on the market to the whole of Community output ;
Whereas provision should be made for Community arrangements applicable to
imports from third countries ;
 ---pagebreak---                                            - 3 -
 Whereas health provisions relating to the preparation , packaging , storage and
 transport of minced meat and meat in pieces of less than one hundred grams
 should be laid down ; whereas the health requirements which such meat must
 fulfil should also be laid down ;
Whereas Council Directive 64 / 433 / EEC of 26 June 1964 on health problems
 affecting intra-Community trade in fresh meat3- , as last amended by
                         2
 Directive 86 / 587 / EEC , harmonized the health rules relating to
 intra-Community trade in fresh meat ;
Whereas Council Directive 77 / 99 / EEC on health problems affecting
                                           3
 intra-Community trade in meat products , as last amended by Regulation ( EEC )
            4
No 3768 / 85 , harmonized the health rules relating to intra-Community trade
in meat products ;
Whereas the directives in force must be taken as a basis for laying down the
rules relating to meat intended for use as a raw material and to the approval
of establishments ; whereas , moreover , certain provisions of
Directive 64 / 433 / EEC on intra-Community trade may be applied to trade in
minced meat and meat in pieces of less than one hundred grams ;
Whereas Council Directive 72 / 462 / EEC of 12 December 1972 on health and
veterinary inspection problems upon importation of bovine animals and swine
and fresh meat from third countries ^, as last amended by
Directive 87 /64/EEC^, harmonized the health rules relating to imports of
meat from third countries ; whereas Directive 72 / 462 / EEC must be taken as a
basis for laying down the rules relating to meat intended for use as a raw
material and to the approval of establishments ; whereas , moreover , certain
provisions of that Directive may be applied to imports of minced meat and meat
in pieces of less than one hundred grams ;
1  OJ No 121 , 29.07.1964 , p. 2012 /64
2  OJ No L 339 , 02.12.1986 , p. 26
3  OJ No L 26 , 31.01.1977 , p. 85
4  OJ No L 362 , 31.12.1985 , p. 8
5  OJ No L 302 , 31.12.1972 , p. 28
6
   OJ N0 L   34 , 05.02.1987 , p. 52
 ---pagebreak---                                            4
Whereas minced meat and meat in pieces of less than one hundred grams which is
not the subject of commercial transactions or which is prepared on the spot
for the consumer must be excluded from the scope of the Directive ;
Whereas the Commission should be entrusted with the task of adopting certain
measures for implementing this Directive ; whereas , to that end , procedures
should be laid down introducing close and effective cooperation between the
Commission and the Member States within the Standing Veterinary Committee ,
HAS ADOPTED THIS DIRECTIVE :
                                       Article 1
1 . This Directive lays down requirements concerning health problems affecting
    the production , placing on the market and importation from third countries
    of minced meat and meat in pieces of less than one hundred grams .
2 . This Directive does not apply :
    a ) to minced meat and meat in pieces of less than one hundrd grams prepared
        on the spot for the consumer ;
    b ) in so far as the rules relating to intra-Community trade are concerned ,
        to minced meat and meat in pieces of less than one hundred grams
        - contained in travellers' personal luggage , provided that it is not
          subsequently used for commercial purposes ,
        - sent as small packages to private persons , provided that the
          consignments are not of a commercial nature ,
        - carried , for consumption by the crew and passengers , on board means of
          transport operating commercially between Member States .
 ---pagebreak---                                         - 5 -
                                    Artide 2
For the purposes of this Directive :
1 . the definitions in Article 2 of Directive 64 / 433 / EEC and Article 2 of
    Directive 72 / 462 / EEC shall apply ;
2.
    a ) " Minced meat" means fresh meat obtained from skeletal muscles which has
        been divided mechanically into small fragments and to which seasonings
        may have been added ;
    b ) "meat in pieces of less than one hundred grams " means fresh meat
        obtained from skeletal muscles which has been divided manually or
        mechanically into pieces of less than one hundred grams and to which
        seasonings may have been added ;
    c ) " official service " means the veterinary service or any other service of
        an equivalent level appointed by the Member State concerned to monitor
        the implementation of this Directive .
 ---pagebreak---                                                 6
CHAPTER I
                       RULES RELATING TO INTRA-COMMUNITY TRADE
                                          Article 3
Each Member State shall ensure that meat as defined in Article 2(2 ) is only
dispatched from its territory to the territory of another Member State if it
meets the following conditions :
1 . It must have been prepared from fresh meat :
    a ) complying with Directive 64 / 433 / EEC and coming from the Member State in
        which preparation took place or any other Member State ,
    b ) complying with Directive 72 / 462 / EEC and coming from a third country
        either directly or via another Member State .
2 . It must have been prepared :
    a ) either in a cutting plant approved and supervised in accordance with
        Article 8 of Directive 64 / 433 / EEC ;
    b ) or in an establishment approved and supervised in accordance with
        Article 6 of Directive 77 / 99 / EEC .
3 . In addition to paragraph 2 and for the purposes of this Directive , it must
    have been prepared in an establishment :
    a ) meeting the conditions laid down in Chapter I of the Annex ;
    b ) contained on a list drawn up in accordance with Article 4 .
4 . It must have been prepared , packaged and stored in accordance with Chapters
    II and III of the Annex .
 ---pagebreak---                                                 7
 5 . It must have been inspected in accordance with Chapters IV and V of the
     Annex .
6 . It must be marked in accordance with Chapter VI of the Annex .
 7 . It must be transported in accordance with Chapter VII of the Annex .
8 . During transport to the country of destination it must be accompanied by a
     health certificate corresponding to the specimen in Chapter VIII of the Annex .
                                           Artide 4
1 . Each Member State shall indicate specifically by the words "Approved -
     Directive ...." the establishments which meet the conditions laid down in
     this Directive and which are on the lists of establishments referred to in
     Article 8 of Directive 64 / 433 / EEC and Article 6 of Directive 77 / 99 / EEC . It
     shall notify this information to the Commission and to the other Member
     States .
2 . A Member State shall not make the specific indication referred to in
     paragraph 1 unless it is sure that the establishment satisfies the
     conditions laid down in this Directive .       The Member State shall withdraw
     the specific indication if the conditions cease to be fulfilled .
3 . The Member State shall take account of the results of any checks performed
     in accordance with Article 9 of Directive 64 / 433 / EEC .   The other Member
     States and the Commission shall be informed of the withdrawal of the
     specific indication provided for in paragraph 1 .
                                           Article 5
1 . Without prejudice to Article 8(2 ) of Directive 64 / 433 / EEC and Article 6(2 )
     of Directive 77 / 99 / EEC , the inspection and supervision of establishments
     for the purposes of this Directive shall be performed by the official
     service .
 ---pagebreak---                                               8
2 . The staff of the official service may be assisted by staff specially
    trained for the purpose . The staff of the official service must have free
    access at all times to all parts of the establishments involved in the
    preparation of the meat defined in Article 2(2 ) in order to check
    compliance with this Directive .
                                          Article 6
1 . Article 8(3 ) of Directive 64 / 433 / EEC shall apply in the event of disputes
    concerning compliance in an establishment with the conditions laid down in
    this Directive .
2 . Article 9 of Directive 64 / 433 / EEC shall apply to the on-the - spot inspection
    necessary for the uniform application of this Directive .
3 . Articles 10 and 11 of Directive 64 / 433 / EEC shall apply to trade in the meat
    defined in Article 2(2 ) of this Directive .
                                          Article 7
Directive 64 / 433 / EEC is hereby amended as follows :
1 . In Article 5 , point ( b ) is replaced by "( b ) mechanically separated meat ",
2 . In Article 5 , point ( 1 ) is deleted ,
3 . In Article 6(1 ), point ( iii ) is replaced by "( iii ) fresh meat referred to
    in Article 5(b ) and ( i ) to ( k )".
 ---pagebreak---                                         - 9 -
                                      Article 8
Trade in the meat defined in Article 2(2 ) shall be subject to the animal
health rules governing trade in fresh meat .
CHAPTER II
                    EXTENSION OF COMMUNITY RULES TO THE WHOLE OF
                                 NATIONAL PRODUCTION
                                      Article 9
From 1 January 1990 Member States shall ensure that meat defined in
Article 2(2 ) intended for marketing solely on their national market is :
1 . prepared , packaged and stored in accordance with Chapters II and III of the
    Annex ,
2 . inspected in accordance with Chapters IV and V of the Annex ,
3 . transported in accordance with Chapter VII of the Annex .
                                     Article 10
From 1 January 1992 and without prejudice to the horizontal Community rules
adopted with a view to the establishment of the internal market , the meat
defined in Article 2(2 ) must be placed on the market in accordance with
Chapter I.
 ---pagebreak---                                             10
CHAPTER III
                              IMPORTS FROH THIRD COUNTRIES
                                        Article 11
1 . Member States shall not authorize          import     from a third country of
    the meat defined in Article 2(2 ) unless it meets the health and animal
    health conditions adopted by the Commission in accordance with the
    procedure laid down in Article 15 .
2 . When the decisions referred to in paragraph 1 are adopted , account shall be
    taken of the guarantees furnished by the third country , particularly as
    regards the origin of the meat intended for the preparation of the meat
    defined in Article 2(2 ), and in each individual case account shall be taken
    of compliance with this Annex .
                                        Artide 12
1 . Article 5 of Directive 72 / 462 / EEC shall apply to the on- the - spot
    inspections necessary for the implementation of this Directive .
2 . Articles 23 to 28 of Directive 72 / 462 / EEC shall apply to
    imports of the meat defined in Article 2(2 ).
                                        Article 13
Directive 72 / 462 / EEC is hereby amended as follows :
1 . In Article 20 , point ( i ) is replaced by the following :
    "( i ) mechanically separated meat ";
 ---pagebreak---                                           - 11 -
 2 . In Article 20 , point ( j ) is replaced by the following :
”     (j ) minced meat , fresh meat comminuted in a similar manner and fresh meat
           in pieces of less than one hundred grams , other than that authorized
           in accordance with Article 12 of Directive      /    / EEC A>n heaLth problems
           affecting the production , placing on the market and importation from
           third countries of minced meat and meat in pieces of less than one
           hundred grams/.
       *0J No L
CHAPTER IV
                                    GENERAL PROVISIONS
                                        Article 14
The Annex to this Directive shall be amended by the Commission , in accordance
with the procedure laid down in Article 15 , in order in particular to bring it
into line with technological progress .
                                        Article 15
1 . Where the procedure laid down in this Article is to be followed , the matter
     shall be referred forthwith to the Standing Veterinary Committee set up by
     the Council Decision of 15 October 1968 ( hereinafter called ’the
     Committee' ) by its Chairman on his initiative or at the request of a Member
     State .
2 . Within the Committee , Member State’s votes shall be weighted as provided
     for in Article 148 ( 2 ) of the Treaty . The Chairman shall not vote .
3 . The Commission representative shall submit a draft of the measures to be
     adopted .  The Committee shall deliver its opinion on such measures within
     two days .  Opinions shall be delivered by a majority of 54 votes .
 ---pagebreak---                                        - 12 -
4 . Where the measures are in accordance with the opinion of the Committee the
    Commission shall adopt and implement them immediately . Where they are not
    in accordance with the opinion of the Committee , or if no opinion is
    delivered , the Commission shall without delay propose to the Council the
    measures to be adopted .  The Council shall adopt the measures by a
    qualified majority .
    If , within three months from the date on which a matter is referred to it ,
    the Council has not adopted any measures , the Commission shall adopt the
    proposed measures and implement them immediately .
                                     Article 16
Without prejudice to the Community rules in force on the additives which may
be used in foodstuffs , the use of additives with the meat defined in
Article 2(2 ) and the details of such use shall remain subject to national law
until the entry into force of Community provisions on the subject .
                                     Article 17
Until the entry into force of any Community provisions , this Directive shall
not affect Member States’ provisions concerning treatment of the meat defined
in Article 2(2 ) with ionizing or ultraviolet radiation .
                                     Article 18
Member States shall bring into force the laws , regulations and administrative
provisions necessary to compy with this Directive not later than
1 January 1989 .   They shall forthwith inform the Commission thereof .
                                     Article 19
This Directive is addressed to the Member States .
Done at Brussels ,                                                For the Council
 ---pagebreak---                                              13
                                                                       ΑΝΝΕΧ
CHAPTER I
                SPECIAL CONDITIONS FOR THE APPROVAL OF ESTABLISHMENTS
                        PRODUCING THE MEAT DEFINED IN ARTICLE 2(2 )
1 . Irrespective of the conditions laid down in , respectively , Chapter II of
    Annex I to Directive 64 / 433 / EEC and Chapter I of Annex A of
    Directive 77 / 99 / EEC , establishments producing the meat defined in
    Article 2(2 ) must have at least :
    a ) a room for cutting , mincing and wrapping , equipped with a recording
        thermometer or recording telethermometer .      The temperature of this room
        must not be more than + 12°C .     However , if the minced meat is not
        obtained by means of a mechanical process which is continuous and closed
        until wrapping , the temperature of the room must not be more than 7®C ;
    b ) a room for packaging , unless the condition laid down in point 62 of
        Chapter XI of Annex I to Directive 64 / 433 / EEC are fulfilled ;
    c ) a room for storing seasonings ;
    d ) refrigeration equipment enabling the temperatures laid down in this
        Directive to be adhered to .
2 . The rules laid down in Chapter IV of Annex I to Directive 64 / 433 / EEC shall
    apply as regards the hygiene of the staff , premises and equipment in the
    establishments .
 ---pagebreak---                                           14
CHAPTER II
           CONDITIONS FOR THE PRODUCTION OF MEAT IN PIECES OF LESS THAN
                                  ONE HUNDRED GRAMS
3 . Before cutting , meat in pieces of less than one hundred grams is examined
    to detect any contamination .  All contaminated parts are removed and
    condemned before the meat is cut up .
4 . Meat in pieces of less than one hundred grams may not be obtained from
    waste or trimmings .
5 . All operations carried out from the time when the meat enters the room
    referred to in Chapter I , point 1 a ) to the time when the finished product
    undergoes the chilling or freezing process must be performed within one
    hour .
6 . Immediately after production meat in pieces of less than one hundred grams
    must be stored at a temperature of not more than 43°C in the case of
    chilled meat and not more than - 18°C in the case of frozen meat .
7 . Immediately after production meat in pieces of less than one hundred grams
    must be hygienically wrapped and packaged .
 ---pagebreak---                                           15
CHAPTER III
                    CONDITIONS FOR THE PRODUCTION OF MINCED MEAT
8.   Before cutting , the minced meat is examined to detect any contamination .
     All contaminted parts are removed and condemned before the meat is minced .
9.   Minced meat may not be obtained from waste or trimmings .
10 . All operations carried out from the time when the meat enters the room
     referred to in Chapter I , point 1 a ) to the time when the finished product
     undergoes the freezing process must be performed within one hour . During
     mincing the meat must be kept at an internal temperature of not more than
     + 4°C .
11 . Immediately after production the minced meat must be stored at a
     temperature of not more than-18°C . However , by decision of the official
     service , the minced meat may be stored at a higher temperature .
12 . Immediately after production the minced meat must be hygienically wrapped
     and packaged .
 ---pagebreak---                                          16
CHAPTER IV
                INSPECTION OF MINCED MEAT AND MEAT IN PIECES OF LESS
                               THAN ONE HUNDRED GRAMS
12 . Establishments which produce meat defined in Article 2(2 ) are subject to
     supervision by the official service .
14 . Supervision by the official service includes the following tasks :
     - supervision of the entry of fresh meat
     - supervision of the exit of the meat defined in Article 2(2 )
     - supervision of the hygiene of the premises , facilities and instruments
     - taking of any necessary samples and in particular those required for the
       microbiological tests referred to in Chapter V.
CHAPTER V
                        MICROBIOLOGICAL TESTS ON MINCED MEAT
15 . The production of minced meat must be monitored by means of daily
     microbiological tests in the production establishment .
16 . The sample taken for analysis must comprise five units weighing one
     hundred grams each . Where minced meat is being produced in portions
     intended for the final consumer the sample must be taken from wrapped
     products .  The samples must be representative of daily production .
17 . Samples must be examined every day for aerobic mesophile bacteria and
     every week for salmonella , staphylococci , Escherichia coli and
     sulphite-reducing anaerobes .
18 . The analysis methods are adopted in accordance with the procedure laid
     down in Article 15 .
 ---pagebreak---                                              17
19 . The guidelines for interpreting the results of the microbiological tests
     are as follows :
: Aerobic          : Escherichia      : Sulphite-   : Staphylococci  : Salmonella :
: mesophile        : coli             : reducing
: bacteria                            : anaerobes
: 5 -10 5/g        :       100 / g    :     30 / g  :     100 / g    : absence / 25g :
20 . The results of the microbiological tests are made available to the
     official service .
CHAPTER VI
                                          MARKING
21 . Meat defined in Article 2(2 ) produced in the cutting plants referred to in
     Article 3(2 ) ( a ) must be marked on the packaging with the health mark of
     the establishment as defined in Chapter X of Annex I to
     Directive 64 / 433 / EEC .
     Meat defined in Article 2(2 ) produced in the establishments referred to in
     Article 3(2 ) ( b ) must be marked on the packaging with the health mark of
     the establishment as defined in Chapter VIII of Annex A to
     Directive 77 / 99 / EEC .
22 . The following must also be given on the packaging :
     - the species from which the meat was obtained ,
     - the date of préparation ,
     - the list of seasonings .
 ---pagebreak---                                             18
23 . Without prejudice to points 21 and 22 , where the meat defined in
     Article 2(2 ) is wrapped in commercial portions intended for direct sale to
     the consumer a printed reproduction of the stamp provided for in point 21
     must appear on the wrapping or on a label applied to the wrapping . The
     stamp must include the establishment 's approval number . The dimensions
     laid down in Directives 64 / 433 / EEC and 77 / 99 / EEC do not apply to the
     marking referred to in this point .
CHAPTER VII
                                         TRANSPORT
24 . The meat defined in Article 2(2 ) must be dispatched in such a way that
     during transport it is protected from anything liable to contaminate it or
     to affect it unfavourably , havng regard to the duration and conditions of
     transport and to the means of transport employed .         In particular , vehicles
     used to transport the meat defined in Article 2(2 ) must be equipped in
     such a way as to ensure that the temperatures laid down in this Directive
     are not exceeded .
 ---pagebreak---                                             19 -
CHAPTER VIII
                                          MODEL
                                  HEALTH CERTIFICATE
for : minced meat
      meat in pieces of less than one hundred grains^- intended for a Member
      State of the EEC
Export ing country .
Official service .
Ref .
                                    ( optional )
I.    Identification of meat
      Meat of .
                                    ( animal species )
      Nature of packaging .
      Number of cuts or packages
      Date of production .
      Net weight .
II .  Origin of meat
      Address(es ) and approval number(s ) of the production establishment(s )
III . Destination of meat
      The meat will be sent from
                                                       ( place of dispatch )
                               to
                                            ( country and place of destination )
                                            .  3
      by the following means of transport        .
     Delete as appropriate
     Optional
     In the case of rail trucks and lorries , state the registration number , in
     the case of aircraft , the flight number and in the case of boats , the name
     and where necessary the number of the container .
 ---pagebreak---                                        20
   Name and address of consignor
   Name and address of consignee
IV Health attestation
   The undersigned hereby certifies that the meat described above was
   obtained under the conditions governing production and control laid down
   in Directive . on health problems affecting the production ,
   placing on the market and importation from third countries of minced meat
   and meat in pieces of less than one hundred grams .
   Done at                                 on
                            ( Signature of the official service )