CELEX: 51989PC0669
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 MEAT PRODUCTS

2. 4. 90                                     Official Journal of the European Communities                                No C 84/89
                Proposal for a Council Regulation (EEC) laying down the health rules for the production and placing
                                                     on the market of meat products
                                                            COM(89) 669 final
                                          (Submitted by the Commission on 12 February 1990)
                                                               (90/C 84/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                Whereas it should be stressed that excluding certain activities
                                                                        from the scope of this Regulation or the granting of
Having regard to the Treaty establishing the European                   derogations from the rules laid down in this Regulation is
Economic Community, and in particular Article 43                        without prejudice to the submission of all operations of
thereof,                                                                production and placing on the market of products of animal
                                                                        origin to the general health rules laid down by Council
Having regard to the proposal from the Commission,                      Regulation (EEC) No . . . of. . . (laying down general health
                                                                        rules applicable to the production and placing on the market
Having regard to the opinion of the European Parliament,                of products of animal origin and specific health rules
                                                                        applicable to certain products of animal origin) (4);
Having regard to the opinion of the Economic and Social
                                                                        Whereas the Commission should be entrusted with the task
Committee,
                                                                        of adopting certain measures for implementing this
                                                                        Regulation; whereas, to that end, procedures should be laid
Whereas meat products are included in the list of products in           down establishing close and effective cooperation between
Annex II to the Treaty; whereas the production of and the               the Commission and the Member States within the Standing
placing on the market of meat products constitute an                    Veterinary Committee,
important source of income for a part of the farming
population;
                                                                        HAS ADOPTED THIS REGULATION:
Whereas, in order to ensure the rational development of this
sector and to increase productivity, health rules governing
the production and placing on the market of meat products                                           Article 1
should be laid down at Community level;
                                                                        1.     This Regulation lays down the health rules for the
Whereas the Community must adopt the measures intended                  production in the Community of meat products and their
to progressively establish the internal market over a period            placing on the market for human consumption.
expiring on 31 December 1992;
                                                                        2.     This Regulation shall not apply to the preparation and
Whereas the laying down of health rules contributes to the              storage of meat products in retail shops or in premises
protection of public health and completion of the internal              adjacent to points of sale, where such preparation and
market;                                                                 storage are performed solely for the purpose of supplying the
                                                                        final consumer directly. Where necessary, the Commission,
Whereas, to achieve this purpose, it is necessary to extend the         in accordance with the procedure laid down in Article 19,
                                                                        shall adopt the rules necessary to ensure uniform application
principles laid down in Council Directive 77/99/EEC of 21
                                                                        of the activities referred to in this paragraph.
December         1976       on     health   problems      affecting
intra-Community trade in meat products (1), as last amended
by Directive 89/227/EEC (2); whereas this extension
requires certain technical amendments to the said                                                   Article 2
Directive;
                                                                        For the purposes of this Regulation:
Whereas it is possible that, due to certain particular                    1. meat products means products prepared from or with
circumstances, some establishments operating before prior                     meat which has undergone treatment so that the cut
to 1 January 1992 will not be able to comply with all of the                  surface shows that the product no longer has the
rules laid down in this Regulation; whereas the question of                   characteristics of meat;
whether limited or temporary derogations may be granted to
such establishments within the general framework laid down                2. treatment means the treatment of meat, whether or not
in Council Decision . . ./EEC of . . . (on the granting of                    combined with other foodstuffs, by heating, salting,
derogations from specific Community health rules on the                       curing or drying, or a combination of these
production and marketing of products of animal origin) (3)                    processes;
should be resolved;                                                       3. heating means use of dry or damp heat;
(') OJ No L 26, 31. 1. 1977, p. 85.                                       4. salting means use of salt;
(2) O J N o L 9 3 , 6 . 4. 1989, p. 25.
(3) O J N o L . . .                                                     (<) OJ No L . . .
 ---pagebreak---  No C 84/90                               Official Journal of the European Communities                                    2. 4. 90
   5. curing means distribution of curing salts throughout the                                 Article 3
       product;
                                                                     Meat products must meet the following conditions:
   6. drying means natural or artificial reduction of water          1. they must have been prepared and stored in an
       content;                                                          establishment approved and inspected in accordance
                                                                         with Article 5 and meeting the conditions laid down in
                                                                         this Regulation, in particular in Annex A, Chaper I and
   7. maturing means complete treatment of salted meat,                  Annex B, Chapter I;
       applied under climatic conditions which, in the course
       of a slow and gradual reduction of humidity, are              2. they must have been prepared in hygiene conditions
       capable of generating natural fermentation or                     meeting the requirements in Annex A, Chapter II and,
       enzymatic processes, involving changes over a period of           where appropriate, Annex B, Chapters II and III;
       time which give the product typical organoleptic
                                                                     3. they must have been prepared from meat, minced meat,
       characteristics and ensure its preservation and
                                                                         meat preparations or meat products the placing on the
       wholesomeness at normal ambient temperature;
                                                                         market of which has been authorized;
                                                                     4. they must have been submitted to checks to be carried out
   8. prepared meals means wrapped meat products which
                                                                         by such establishments, with periodic inspection by the
       are food preparations, whether cooked or pre-cooked,
                                                                         competent authority, in order to ensure that the meat
       not requiring preservatives for preservation;
                                                                         products comply with the requirements laid down in this
                                                                         Regulation;
   9. wrapping means the protection of meat products by the
                                                                     5. they must have undergone an inspection carried out by
      use of an initial wrapping or initial container in direct
                                                                         the competent authority, in accordance with Annex A,
      contact with the product concerned, as well as the
                                                                         Chapter III;
      initial wrapping or initial container itself;
                                                                     6. where wrapped or packaged, they must have been
 10. packaging means the placing of a wrapped or                        wrapped and packaged in accordance with Annex A,
      unwrapped meat product or products in a second                    Chapter IV;
      container, as well as the container itself;                   7. they must bear a health marking in accordance with
                                                                        Annex A, Chapter V;
 11. hermetically sealed container means airtight container         8. they must be stored and transported under satisfactory
      intended to protect the contents from micro-organisms             health conditions in accordance with Annex A,
      during and after heating;                                         Chapter VI.
 12. establishment means an approved processing plant or
                                                                                              Article 4
      an approved store;
                                                                    Meat products      must    meet   the following    additional
 13. competent authority means the health            authority      conditions:
      designated by the Member State.                               1. they must have been prepared by heating, the use of salt
                                                                        or drying, which processes may be combined with
 14. in addition, the definitions laid down in                          smoking or maturing, possibly under specific
                                                                        microclimatic conditions, and associated, in particular,
      — Council Regulation (EEC) No . . . of . . . (^ (on               with certain curing agents. They may also be associated
          health conditions for the production and the placing          with other foodstuffs and condiments;
          on the market of fresh meat)
                                                                    2. in the case of meat products which cannot be conserved
      — Council Regulation (EEC) No . . . of . . . (2) (on              at ambient temperatures, the producer must ensure, for
          health conditions for the production and the placing          inspection purposes, that the packaging bears a clear and
          on the market of fresh poultrymeat),                          legible indication of the temperature at which the
                                                                        products must be transported and stored, and the
      — Council Regulation (EEC) No . . . of . . . (3)                  minimum keeping date, insofar as this information is not
          (concerning game meat and rabbit meat),                       required by Community legislation concerning labelling
                                                                        of foodstuffs.
      — Council Regulation (EEC) No . . . of . . . (4) (on
          health conditions for the production and the placing
          on the market of minced meat and meat                                               Article S
          preparations)
                                                                    1.     Each Member State shall draw up a list of
      shall apply where necessary.                                  establishments approved by it. Each establishment shall have
                                                                    an approval number. It shall send this list to the other
(!) OJ No L .                                                       Member States and to the Commission.
(2) OJ No L .
(3) OJ No L .                                                       A Member State shall not approve an establishment unless it
(4) OJ No L .                                                       complies with this Regulation. A Member State shall
 ---pagebreak--- 2. 4. 90                                    Official Journal of the European Communities                                  No C 84/91
withdraw approval if the conditions for approval cease to be           trade with a view to the completion of the internal market) (1)
met.                                                                   shall apply, in particular with respect to the organization and
                                                                       the action to be taken following the checks carried out by the
If a check has been made in accordance with Article 6, the             Member State of destination and the safeguard measures to
Member State concerned shall take account of the                       be applied.
conclusions thereof. The other Member States and the
Commission shall be informed in the event of approval being
withdrawn.
2.        The inspection and supervision of approved                                               Article 9
establishments shall be carried out by the competent
authority.                                                             The Commission may, in accordance with the procedure laid
                                                                       down in Article 12, draw up recommendations containing
The competent authority must at all times have free access to          guidelines on good manufacturing practices applicable at the
all parts of establishments in order to ensure that this               different stages of production and placing on the market.
Regulation is being complied with.
Where such inspection and supervision shows that all the
requirements of this Regulation are not being complied with,
the competent authority shall take the necessary measures to                                      Article 10
rectify the situation.
                                                                       The Annexes shall be amended, in particular with a view to
                                                                       adapting them to take account of scientific and technological
                              Article 6                                progress, in accordance with the procedure laid down in
1.        Experts from the Commission may, in so far as is             Article 11.
necessary to ensure uniform application of this Regulation,
make on-the-spot checks. They may, in particular, verify
whether establishments are actually complying with this
Regulation. The Commission shall inform the Member                                                Article 11
States of the results of the investigation.
                                                                       1.     The Commission shall be assisted by the Standing
A Member State in whose territory a check is being carried             Veterinary Committee set up by Council Decision
out shall give all necessary assistance to the experts in              68/361/EEC ( 2 ), hereinafter         referred    to as 'the
carrying out their duties.                                             Committee'.
2.        The general privisions for implementing this Article
shall be determined in accordance with the procedure laid              2.     Where the procedure laid down in this Article is to be
down in Article 12. If necessary, and in accordance with the           followed, the Chairman shall refer the matter without delay
same procedure, a code shall be established containing the             on his own initiative or at the request of a Member State to
rules to be followed for the purpose of the checks provided            the Committee.
for in paragraph 1.
                                                                       3.     The representative of the Commission shall submit to
                                                                       the Committee a draft of the measures to be taken. The
                              Article 7
                                                                       Committee shall deliver its opinion on the draft within two
1.        In accordance with the procedure laid down in                days. The opinion shall be delivered by the majority laid
Article 11, derogations from the conditions for approval of            down in Article 148 (2) of the Treaty in the case of decisions
establishments referred to in Annex A, Chapter I and                   which the Council is required to adopt on a proposal from the
Annex B, Chapter I may be granted for establishments with              Commission. The votes of the representatives of the Member
limited production.                                                    States within the Committee shall be weighted in the manner
                                                                       set out in that Article 148. The Chairman shall not vote.
2.        In examining the derogations referred to in
paragraph 1, the Commission shall take into consideration
                                                                       The Commission shall adopt the proposed measures if they
the information and criteria laid down in Articles 2 and 3 of
                                                                       are in accordance with the opinion of the Committee.
Council Decision . . ./EEC (on the granting of temporary
and limited derogations from specific Community health
rules on the production and marketing of products of animal            If the proposed measures are not in accordance with the
origin).                                                               opinion of the Committee, or if no opinion is delivered, the
                                                                       Commission shall, without delay, submit to the Council a
3.        When granting the derogations referred to in                 proposal relating to the measures to be taken. The Council
paragraph 1, the Commission shall set the general and                  shall act by a qualified majority.
particular terms applicable to the implementation of each
derogation.
                                                                       If, on the expiry of a period of three months from the date of
                                                                       referral to the Council, the Council has not acted, the
                              Article 8                                proposed measures shall be adopted by the Commission.
The rules laid down in Council Regulation (EEC) No                     (») OJNoL
. . . / . . . (concerning veterinary checks in intra-Community         (2) OJ No L 225, 18. 10. 1968, p. 23.
 ---pagebreak--- No C 84/92                                   Official Journal of the European Communities                                             2. 4. 90
                           Article 12                                                                       Article 13
                                                                             1.     Directive 7 7 / 9 9 / E E C is hereby repealed with effect
Where the procedure laid down in this Article is to be
                                                                             from 1 January 1992.
followed, the following provisions shall apply.
                                                                             2.     However, the implementing provisions adopted under
The representative of the Commission shall submit to the                     Directive 77/99/EEC shall remain valid for the purposes of
Committee a draft of the measures to be taken. The                           this Regulation.
Committee shall deliver its opinion on the draft within a
time-limit which the Chairman may lay down according to
the urgency of the matter, if necessary by taking a vote.                                                  Article 14
                                                                             This Regulation shall enter into force on the thirtieth day
The opinion shall be recorded in the minutes; in addition,
                                                                             following its publication in the Official Journal of the
each Member State shall have the right to ask to have its
                                                                             European Communities.
position recorded in the minutes.
                                                                             It shall apply with effect from 1 January 1993.
The Commission shall take the utmost account of the
opinion delivered by the Committee. It shall inform the
Committee of the manner in which its opinion has been taken                  This Regulation shall be binding in its entirety and directly
into account.                                                                applicable in all Member States.
                                                                   ANNEX A
                                                                  CHAPTER I
                                  GENERAL CONDITIONS FOR APPROVAL OF ESTABLISHMENTS
             Without prejudice to the special conditions laid down in Annex B, establishments shall have at least:
              1. in rooms where meat products are handled and produced
                  (a) waterproof flooring which is easy to clean and disinfect, rotproof and laid in such a way as to facilitate
                       the draining of water; the water must be channelled towards drains fitted with gratings and traps to
                       prevent odours;
                  (b) smooth, durable, impermeable walls, with a light-coloured, washable coating up to a height of at least
                       two metres;
                  (c) doors in material that does not deteriorate and, if of wood, with a smooth and impermeable covering on
                       both sides;
                  (d) insulation materials which are rotproof and odourless;
                  (e) adequate ventilation and if necessary good extraction of steam and water vapour;
                  (f)  adequate lighting;
                  (g) a clean and easily cleaned ceiling or, failing that, a roof covering with an interior surface which fulfils
                       these conditions.
                  In rooms where meat products as well as meat, minced meat or meat preparations used for their preparation
                  are stored, the same conditions shall apply. However:
                  — in chilling and refrigeration rooms, a floor which is easy to clean and disinfect and laid in such a way as to
                      facilitate the draining of water, and smooth walls which are durable, impermeable and easy to clean and
                      disinfect,
                  — in freezing and deep-freezing rooms, waterproof and rotproof flooring which is easy to clean and
                      disinfect, and smooth walls which are impermeable and easy to clean.
              2. as near as possible to the work stations:
                  (a) a sufficient number of facilities for cleaning and disinfecting hands and for cleaning tools with hot water.
                       Taps must not be hand or arm operable. For washing hands, these facilities must have hot and cold
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                   running water or water premixed to a suitable temperature, cleaning and disinfecting products and hand
                   towels which can be used once only;
             (b) facilities for disinfecting tools, with water supplied at not less than 82° C; facilities for cleaning and
                   disinfecting tools are not required when such cleaning is effected by a machine situated in a room
                   separate from the work stations;                 ,
          3. appropriate arrangements for protection against pests such as insects and rodents;
          4. (a) instruments and working equipment such as cutting tables, detachable cutting surfaces, containers,
                   conveyer belts and saws, made of corrosion-resistant material, not liable to taint meat, minced meat,
                   meat products and meat preparations and easy to clean and disinfect. The use of wood is
                   forbidden;
             (b) corrosion-resistant fittings and equipment meeting hygiene requirements for:
                   — handling meat, minced meat, meat products and meat preparations,
                   — setting down meat, meat product or meat preparation containers in such a way that the meat, meat
                        products, meat preparations and containers do not come into contact with the floor or walls;
             (c) facilities for the hygienic handling and protection of meat, minced meat, meat products or meat
                   preparations during loading and unloading;
             (d) special watertight, corrosion-resistant containers, with lids and fasteners to prevent unauthorized
                   persons from removing things from them, in which to put cut meat, minced meat, meat products or meat
                   preparations not intended for human consumption, or a lockable room for such meat, minced meat,
                   meat products or meat preparations if the quantities are large enough to necessitate this or if they are not
                   removed or destroyed at the end of each working day.
                   Where such meat, minced meat, meat products or meat preparations are removed through conduits,
                   these should be so constructed and installed as to avoid any risk of contamination of fresh meat, minced
                   meat, meat products or meat preparations;
          5. a refrigeration plant to keep the internal temperature of the meat, minced meat, meat products or meat
             preparations at the levels required by the Regulations referred to in Article 2 (14) and this Regulation.
             This plant shall include a system for draining off condensed water without any possibility of contamination of
             the meat, minced meat, meat products or meat preparations;
          6. plant for the exclusive supply under pressure of a sufficient quantity of potable water within the meaning of
             Directive 80/778/EEC; however, as an exception, authorization can be given for the plant supplying
             non-potable water to be used for steam production, fire-fighting and the cooling of refrigeration equipment,
             providing that the pipes installed for this purpose preclude the use of this water for other purposes and present
             no risk of contamination of meat, minced meat, meat products or meat preparations. Non-potable water
             pipes shall be clearly distinguished from those used for potable water;
          7. plant providing an adequate supply of hot potable water within the meaning of Directive 80/778/EEC;
          8. a waste water disposal system which meets hygiene requirements;
          9. an adequately equipped lockable room for the exclusive use of the competent authority or, in the case of
             storage premises located apart from the establishment approved for the production of meat products, a
             properly equipped area for its use;
         10. facilities enabling the inspection operations provided for in this Regulation to be carried out efficiently at any
             time;
         11. an appropriate number of changing rooms with smooth, waterproof washable walls and floors, wash basins
             and flush lavatories which fulfil all conditions of hygiene. Lavatories must not open directly on the work
             rooms. The wash basins must have hot and cold running water or water premixed to a suitable temperature,
             materials for cleaning and disinfecting the hands and hygienic means of drying hands. The wash basin taps
             must not be hand or arm operable. There must be a sufficient number of such wash basins near the
             lavatories;
         12. a place and adequate facilities for cleaning and disinfecting means of transport. This place and these facilities
             are not, however, compulsory if provisions exist requiring that means of transport be cleaned and disinfected
             at officially authorized premises.
 ---pagebreak--- No C 84/94                                Official Journal of the European Communities                                        2. 4. 90
                                                             CHAPTER II
           HYGIENE OF STAFF, CLEANLINESS OF PREMISES, EQUIPMENT AND INSTRUMENTS                                           IN
                                                          ESTABLISHMENTS
            1. Absolute cleanliness shall be required of staff, premises and equipment:
               (a) staff shall in particular wear clean working clothes and headgear and, where necessary, a neck shield.
                    Staff engaged in working on or handling meat, minced meat, meat products or meat preparations shall
                    wash and disinfect their hands several times during the working day and each time work is resumed.
                    Persons who have been in contact with infected meat shall immediately wash their hands and arms
                    carefully with hot water and then disinfect them. Smoking is forbidden in work rooms and store
                    rooms;
               (b) no animal may enter the establishments. Rodents, insects and other vermin in the establishments shall be
                     systematically destroyed;
               (c) equipment and implements unsed for working on meat, minced meat, meat products and meat
                    preparations shall be kept clean and in a good state of repair. They shall be carefully cleaned and
                    disinfected several times during the working day, at the end of the day's work and before being re-used
                    when they have been soiled.
                    Continuous production machines shall at least be cleaned when work is finished or in the event of doubt
                    about their cleanliness.
            2. Work rooms and working instruments and equipment shall not be used for purposes other than work on
               meat, minced meat, meat products and meat preparations.
               However, they may be used for the preparation of other foodstuffs either simultaneously or at different times,
               provided that all appropriate measures are taken to prevent contamination of the products covered by this
               Regulation or adverse changes in them.
            3. Meat, minced meat, meat products, meat preparations, their ingredients and containers shall not:
               — come into direct contact with the ground,
               — be left or handled in conditions which might contaminate or damage them.
               Care shall be taken to ensure that there is no contact between raw materials and finished products.
            4. Potable water shall be used for all purposes.
            5. The spreading of sawdust or any other similar substance on the floor of the work rooms and storage rooms is
               prohibited.
            6. Detergents, disinfectants and similar substances shall be used in such a way that equipment, working
               instruments, meat, minced meat, meat products and meat preparations are not adversely affected. Their use
               shall be followed by thorough rinsing of such equipment and working instruments with potable water.
               Products for maintenance and cleaning shall be kept in a separate place.
            7. Persons likely to contaminate meat, minced meat, meat products and meat preparations shall be prohibited
               from working on them and handling them.
            8. Any person employed to work with or handle meat, minced meat, meat preparations or meat products shall
               produce a medical certificate attesting that there is no impediment to such employment. The medical
               certificate shall be renewed every year, unless some other staff medical check-up scheme offering equivalent
               guarantees is recognized in accordance with the procedure laid down in Article 11,
            9. By way of derogation from Chapter 14 (a), the use of wood is permitted in rooms in which meat products are
               smoked, cured, matured, pickled, stored or dispatched, when essential for technological reasons, provided
               there is no risk of the products being contaminated. Wooden pallets may be brought into the said rooms solely
               for transporting packaged meat products and for no other purpose.
           10. The temperature in rooms or parts of rooms where work on meat, minced meat, meat products and meat
               preparations is carried out shall ensure hygienic production; if necessary, such rooms or parts of rooms shall
               be provided with air-conditioning facilities.
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                When in use, rooms for cutting, skinning and curing shall be kept at a temperature not exceeding
                12 °C.
                This temperature may be departed from, with the agreement of the competent authority, if it considers it
                possible to do so for technical preparation reasons, particularly in the case of slicing rooms in order to take
                account of the temperature of meat products.
                                                                   CHAPTER III
                                                         SUPERVISION OF PRODUCTION
          1. Establishments shall be subject to supervision by the competent authority.
         2. Supervision by the competent authority shall include the following:
              — verification of the cleanliness of the rooms, plant and instruments and of staff hygiene, in accordance with
                   Chapter II,
              — health inspection of meat, minced meat, meat preparations and meat products intended for the
                   manufacture of meat products,
              — inspection of the effectiveness of the treatment of meat products,
              — inspection of hermetically sealed containers on the basis of guidelines to be fixed in accordance with the
                   procedure laid down in Article 12,
              — taking of any samples required for laboratory tests,
              — any other supervision measures considered necessary by the competent authority to ensure compliance
                   with this Regulation.
         3. The results of the various checks to be carried out by the producer must be kept for two years so that they can be
              shown on receipt of any request from the competent authority.
         4. The competent authority must in particular ensure that meat products are made from meat of which the
              placing on the market has been authorized.
                                                                  CHAPTER IV
                                            WRAPPING AND PACKAGING OF MEAT PRODUCTS
         1. Wrapping and packaging shall take place under satisfactory hygiene conditions in rooms provided for that
              purpose.
         2. Without prejudice to Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws
              of the Member States relating to materials and articles intended to come into contact with foodstuffs ('),
              wrapping and packaging shall comply with all the rules of hygiene and be strong enough to protect the meat
              products effectively.
         3. Wrappings may not be reused for meat products, with the exception of certain special types of containers such
              as earthenware and glass containers which may be re-used after effective cleaning and disinfecting.
         4. Manufacture of meat products and wrapping and packaging operations may take place in the same room
              subject to the following conditions:
              (a) the room shall be sufficiently large and so equipped that the hygiene of the operations is assured;
              (b) the packaging and wrapping shall be enclosed in a sealed protective cover immediately after manufacture;
                    this cover shall be protected from damage during transport to the establishment and stored under hygienic
                    conditions in a separate room intended for that purpose;
              (c) the rooms for storing the packaging material shall be free from dust and vermin and have no atmospheric
                    connection with rooms containing substances which might contaminate meat, minced meat, meat
                    preparations or meat products. Packaging shall not be placed directly on the floor;
         (') O J ~ N o L 4 0 ~ l l . 2. 1989. p. 38.
 ---pagebreak--- No C 84/96                               Official Journal of the European Communities                                          2. 4. 90
              (d) packaging shall be assembled under hygienic conditions before being brought into the room. A derogation
                    from this requirement may be granted in the case of the automatic assembly of packaging, provided there
                    is no risk of contamination of meat products;
              (e) packaging shall be brought to the room under hygienic conditions and used without delay. It may not be
                    handled by staff handling unwrapped meat, minced meat, meat preparations or meat products;
              (f)   immediately after packaging, the meat products shall be placed in the storage rooms provided for the
                    purpose;
           5. For inspection purposes the following information must be visibly and legibly displayed on the wrapping or on
              the label of meat products:
              — 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.
              — for packaging not intended for the final consumer, the date of preparation.
                                                             CHAPTER V
                                                     MARKING AND LABELLING
           1. Meat products shall carry a health mark. Marking must be carried out during or immediately after
              manufacture, in an easily visible place. The mark shall be legible, indelible and its characters easily
              distinguishable. The mark may be applied to the product or to the wrapping, if the meat product is individually
              wrapped, or to a label affixed to this wrapping in accordance with point 4(b). However, where a meat product
              is individually wrapped and packaged, it will suffice for the health mark to be applied to the packaging.
           2. Where meat products marked in accordance with point 1 are subsequently placed in a packaging, the mark
              shall also be applied to the packaging;
           3. By way of derogation from points 1 and 2, the health marking of meat products in palletized consignments
              intended for further processing or wrapping in an approved establishment is not necessary, provided
              that.
              — the said consignments containing the meat products bear the health mark in accordance with point 4 (a) on
                  the external surface,
              — the dispatch establishment maintains a separate record of the quantities, type and destination of meat
                  products dispatched in accordance with this point,
              — the recipient establishment maintains a separate record of the quantities", type and origin of meat products
                  received in accordance with this point,
              — the destination and intended use of meat products are clearly indicated on the external surface of the large
                  packaging except when this is transparent.
              However, where a consignment of wrapped products is contained within a transparent outer packaging, it
              shall not be necessary to health mark the outer packaging as long as the health mark on the wrapped products is
              clearly visible through the outer packaging.
           4. (a) The health mark shall give the following particulars within an oval surround:
                    (i) either:
                        — above: the initial letter or letters of the consigning country in capitals,                     i.e.
                            B/D/DK/EL/ESP/F/IRL/I/L/NL/P/UK, followed by the approval number of                           the
                            establishment,
                        — below: one of the following sets of initials: CEE — EEC — EEG — EOK — EWG — E 0 F ;
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                 (ii) or:
                     — above, the name of the consigning country in capitals,
                     — in the centre, the veterinary approval number of the establishment,
                      — below, one of the following sets of initials: CEE, EEC, EEG, EOK, EWG, E 0 F ;
            (b) the health mark may be applied to the product, wrapping or packaging by an ink stamp or by branding, or
                 it may be printed on or applied to a label. If it is applied to the packaging, the mark must be destroyed
                 when the package is opened. Non-destruction of this mark may be tolerated only when the packaging is
                 destroyed by being opened. In the case of hermetically sealed containers, the mark must be indelibly
                 marked either on the lid or on the can;
            (c) the health mark may also consist of an irremovable plate of resistant material complying with all the
                 hygiene requirements and bearing the information specified in (a).
                                                         CHAPTER VI
                                                STORAGE AND TRANSPORT
         1. Meat products shall be stored in the rooms provided for in Annex B, Chapter I (1) (a), or in a cold store
            approved in accordance with Regulation (EEC) No . . . laying down health rules for the production and
            marketing of fresh meat and repealing Directive 64/433/EEC.
            However, meat products which can be kept at ambient temperature may be stored in stores approved by the
            competent authority; these stores must be of a solid construction, easy to clean and disinfect.
         2. Meat products for which certain storage temperatures are indicated in accordance with Article 4 (3) shall be
            maintained at those temperatures.
         3. Meat products shall be transported in such a way that they are protected from anything which may
            contaminate them or be detrimental to them. For this purpose account shall be taken of the length of the
            journey, the means of transport employed and the weather conditions.
         4. Meat products, if the product so requires, shall be transported in vehicles equipped to ensure that they can be
            transported at the required temperatures and in particular that the temperatures indicated in accordance with
            Article 4(2) are not exceeded.
                                                            ANNEXB
                                                          CHAPTER I
         SPECIAL     CONDITIONS       FOR    APPROVAL        OF ESTABLISHMENTS              MANUFACTURING           MEAT
                                                          PRODUCTS
         1. Beyond the general requirements laid down in Annex A, Chapter I, establishments manufacturing and
            wrapping meat products shall have at least:
            (a) suitable rooms large enough for the separate storage:
                  (i) of fresh meat, minced meat and meat preparations, under refrigeration, and
                 (ii) of meat products at ambient temperature or, where appropriate, under refrigeration;
            (b) one or more suitable rooms sufficiently large for manufacture and wrapping;
 ---pagebreak--- No C 84/98                               Official Journal of the European Communities                                           2. 4. 90
              (c) a lockable room for the storage of certain ingredients such as additives;
              (d) a room for packaging, unless the conditions laid down for packaging in Annex A, Chapter IV (4) are
                   fulfilled, and for dispatch;
              (e) a room for the storage of wrapping and packaging materials;
              (f)  a room for cleaning movable equipment such as hooks and containers, and a room or a cupboard for the
                   storage of cleaning and maintenance tools and products.
           2. Depending on the type of product involved, the establishment shall have:
              (a) a room or — if there is no danger of contamination — an area where packaging is removed;
              (b) a room or — if there is no danger of contamination — an area for thawing of meat, minced meat or meat
                   preparations;
              (c) a cutting room;
              (d) a room for filling containers prior to heat treatment;
              (e) a room:
                   — for cooking (equipment for heat treatment shall be fitted with a recording thermometer or
                        telethermometer),
                   — for retorting (the retorts shall be fitted with a recording thermometer or telethermometer, and a
                        direct-reading control thermometer; retorts shall also be equipped with a manometer);
              (f)  a room for rendering down fats;
              (g) a room or special equipment for smoking;
              (h) a room for drying and maturing;
              (i)  a room for desalting, soaking or otherwise treating natural guts;
              (j)  a room for the prior cleaning of foodstuffs which are necessary for the production of meat products;
              (k) a curing room, if necessary with air-conditioning facilities enabling the temperature stipulated in
                   Annex A, Chapter II (10) to be maintained;
              (1)  a room, if necessary, for the prior cleaning of meat products intended to be sliced or cut and
                   wrapped;
              (m) a room, if necessary with air-conditioning facilities, for slicing or cutting and for wrapping meat products
                   intended for sale in a pre-packed form;
              (n) a device for conveying empty cans hygienically to the work room;
              (o) an apparatus enabling containers to be thoroughly cleaned immediately before filling;
              (p) an apparatus for washing containers in potable water which is hot enough to remove grease after they have
                   been hermetically sealed and before retorting;
              (q) a suitable room or area for cooling and dyring containers after heat treatment;
              (r)  facilities for the incubation of samples taken from meat products packed in hermetically sealed
                   containers;
              (s) adequate facilities for checking whether containers are hermetically sealed and undamaged.
              However, provided that the equipment used can have no deleterious effect on the meat, minced meat, meat
              preparations or meat products, the same room may be used for the operations to be carried out in the separate
              rooms referred to in (e) and (f).
              The operations carried out in the rooms referred to in (c), (d), (e), (g) and (m) may be carried out in the room
              referred to in point (1) (b) provided that the installations constitute a single cycle of a continuous production
              line without interruption of work and guarantee that the other requirements of this Regulation are complied
              with and that there is no risk of contamination of the meat, minced meat, meat preparations or meat
              products.
 ---pagebreak--- 2. 4 . 90                                  Official Journal of the European Communities                                          No C 84/99
                                                               CHAPTER II
                   SPECIFIC REQUIREMENTS CONCERNING HERMETICALLY SEALED CONTAINERS
          In addition to the general provisions, establishments which manufacture meat products in hermetically sealed
          containers shall fulfil the following requirements:
          1. the competent authority shall ensure, for meat products in hermetically sealed containers, that:
              (a) the operator or proprietor of the establishment or his representative checks, by sampling, that:
                    — a process is applied to meat products intended for storing at ambient temperature, resulting in an Fc
                        value equal to or exceeding 3,00 or, in Member States in which this value is not customarily employed,
                        a check on the treatment is carried out by means of a seven-day incubation test at 37 °C or a ten-day
                        test at 35 °C,
                    — a proper heat treatment procedure is applied, determined on the basis of representative criteria such as
                        heating time, temperature, movement during heating, filling, etc.,
                    — empty containers meet production standards,
                    — checks on the daily output are carried out at intervals determined in advance, to ensure the efficacy of
                        the sealing,
                    — the necessary checks are carried out using in particular control markers to ensure that the containers
                        have in fact undergone adequate heat treatment,
                    — the necessary checks are carried out to ensure that the cooling water contains a residual level of
                       chlorine after use. Member States may, however, grant a derogation from this requirement if the water
                        fulfils the requirements of Directive 80/778/EEC,
                    — incubation tests are carried out on meat products in a hermetically sealed container which have
                       undergone heat treatment in accordance with the first indent;
              (b) products in hermetically sealed containers are removed from the heating equipment at a sufficiently high
                   "temperature to ensure rapid evaporation of humidity and are not touched by hand until completely
                    dry;
              (c) cans in which gas appears to be present undergo a further examination;
              (d) the thermometers of heating equipment are checked against calibrated thermometers.
          2. Containers shall be:
              — rejected if damaged or badly made,
              — thoroughly cleaned immediately before filling, by means of the cleaning apparatus referred to in Chapter I
                  (2) (o); the use of static water is not authorized,
              — if necessary, drained for a sufficiently long time after cleaning and before filling,
              — if necessary, washed in potable water, sufficiently hot to remove grease if appropriate, after they have been
                  hermetically sealed and before retorting, by means of the apparatus referred to in Chapter I (2) (p),
              — cooled, after heating, in water meeting the requirements in the sixth indent of point 1 (a),
              — handled in such a way before and after heat treatment that any type of damage or contamination is
                  avoided.
          3. The competent authorities may authorize the addition of certain substances to the water used in retorts in order
              to prevent corrosion of cans and to soften and disinfect the water. A list of these substances will be drawn up in
              accordance with the procedure laid down in Article 12.
          4. Member States may allow the use of recirculated water for cooling heat-processed containers. Such water must
              be filtered and have either been treated with chlorine or undergone some other treatment approved in
              accordance with the procedure laid down in Article 11. The purpose of such treatment is to make the
              recirculated water comply with the standards laid down in Annex I (E) to Directive 80/778/EEC so that it
              cannot contaminate the products and does not constitute a hazard to human health.
              The recirculated water shall circulate in closed circuit so that it cannot be used for other purposes.
          5. Where there is no risk of contamination, the water used for cooling containers and water from retorts may be
              used at the end of a working period for cleaning floors.
 ---pagebreak--- ^ o C ^ l O O                                  C^tt^cial j o u r n a l o t the E u r o p e a n Commun^nes                                      ^^.^0
                                                                        Ct^A^T^^ttt
              Beyond the general requirements of Annex A, Chapters and depending on the type of production
              concerned
              f   ^    If the productionof prepared meals does not take place i n t h e room laiddown for that purpose in
                       Chapter! ^f^c^, the establishment shallpossess a separate room for r e p r o d u c t i o n of prepared
                       meals,
                  d^    the production of prepared meals shall take place under conditions of temperature controls
              2   ^    the operator or proprietor of the establishment or his representative shall conductaregular check on the
                       general hygieneofcondinonsofproductioninhisestablishment,in particular bymicrobiological controls
                       in accordance with the fourth subparagraph
                       Thesecontrolsshallcoverutensils,fittings andmachmeryatallstagesofproduction and,accordingto the
                       type of production concerned, products
                       r^e shall be maposition,upon requestto inform the competent authority ortheCommission^svetermary
                       experts ofthe nature,frequency and results ofthe controls conducted to thisend,together with the name
                       of the investigating laboratory if need be
                       The nature of these controls, and their frequency, as well as the sampling methods and the methods for
                       bacteriological examination will be stipulated marecommendation to be established by the Commission
                       maccordance with the procedure laid down in Article t 2 ,
                  d^    the competent authority shall regularly analyse the results of the controls provided for m ^ t t m a y , o n
                        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 u p m a r e p o r t , t h e conclusions and recommendations of
                        which shall benotified to theoperator,whoshallseetotherectificationofshortcommgs noted withaview
                        to improving hygienes
              ^   in addition, prepared meals which have been cooked shall
                  — be wrapped immediately before or after cooking,
                  — after cooking and wrapping operations, be cooled rapidly in an insulated chamber which is satisfactory
                      from the hygiene point of view
                  —      becooledtoaninternaltemperatureof^f^^Cwithinapenodofnotmorethantwohoursaftertheendof
                      cooking,
                  — where appropriate, be frozen or quick frozen immediately after they have been cooled
              Proposal for a Council Decision on the conditions for granting temporary and limited derogations
              from specific C o m m u n i t y health rules on the production and marketing of products of animal
                                                                            origin
                                                                   COM(&9J 6 7 0 / z W
                                           (Submitted    by the Commission             on 12 February     1990)
                                                                       (90/C 84/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                             Having regard to the opinion of the E u r o p e a n Parliament,
Having regard to the Treaty establishing the European                                Having regard to the opinion of the E c o n o m i c and Social
Economic C o m m u n i t y , and in particular Article 4 3                           Committee,
thereof,
                                                                                     Whereas products of animal origin are included in the list of
Having regard to the proposal from the Commission,                                   products in Annex II to the T r e a t y ; whereas the marketing of