CELEX: 51974PC0073
Language: en
Date: 1974-02-08
Title: PROPOSAL FOR A COUNCIL DIRECTIVE amending the Council Directive of 15 February 1971 on health problems affecting trade in fresh poultrymeat (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (74) 73
Vol. 1974/0014
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 ---pagebreak--- COMMISSION OF THE EUB.OPEAN CQMMUNITIE3
                                                          COM(74)73 final
                                                          8 February 1974
                                 PROPOSAL FOR A
                               COUNCIL  DIRECTIVE
              amending the Council Directive of 15 February 1971
             i health problems affecting trade in fresh poultrymeat
                 ( submitted to the Council by the Commission)
    COM(74) 73 final
 ---pagebreak---                             EXPLAITATCKY MEMORANDUM
On 15 February 1971 "the Council adopted a Directive on health problems affec­
ting trade in flfesh poult ryme at . It became applicable to intra-CcEDtmity trade
in February 1973 i it is to be applied to the internal trade of Member States
not later than February 1976 *
The present proposal seeks to make both amendments and additions to that Di­
rective .  It adds to it in particular as regards the health conditions to be
observed where poultrymeat is cut up and when meat-cutting premises are appro­
ved.   The amendments concern an extension to the period during which application
of certain provisions of the Directive may be postponed , in particular as re­
gards evisceration operations .      The amendments are proposed in response to
observations made by certain Member States concerning the suitability of pro­
viding for an extension to that period.
Other amendments concern the procedure to be followed in amending the Annexes to
the Directive and the system for supervising its application by the Member
States.   In the first case the Standing Veterinary Committee procedure is pro­
posed , and in the second case control by veterinary experts in the Member Sta^-
tes and from the Commission .
This proposal is based on Articles 43 and 100 of the            since it amends the
Directive which itself is based on those Articles .      It must be submitted for
the Opinions of the European Parliament and the Economic and Social Committee ,
 ---pagebreak---                          Proposal for a Council . Directive
                      spending the Council Directive of 15 Februari 1971
                    on health problems affecting trade in fresh poult ryne at
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,            :
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 43 and 100 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 the implementation of the common organization of the market in poul-
trymeat will not have the desired effect so long as trade is hindered by
differences between the health requirements of Member States concerning poul-
trymeat ; whereas the Council Directive of 15 February 1971 ^ on health'
problems affecting trade in fresh poult ryme at has not removed all these diffe­
rences since it contains no provisions relating to cutting-up premises ; whereas
hygiene and supervision standards applicable to cutting-up premises should
be made unifona j                                           1
Whereas , as in the case of slaughterhouses , the Member States should retain
the power to approve cutting-up premises and to ensure compliance with the
conditions on which such approval depends |
Whereas , in view of the situation existing in certain Member States as regards
the rules governing production of certain types of poultrymeat , it has been
found necessary to extend the period during which those rules , in particular
those relating to evisceration , may be maintained . in force ;
                                                                        # » •/ » • •
 .(!)■. 0# J. L 55 of the 8th March 1971 , p. 23
 ---pagebreak--- Whereas it would be useful to provide for a rapid and efficient procedure
whereby the technical amendments which become necessary following advancement
in scientific knowledge may be made to the Council Directive in question ;
Whereas Community control arrangements should be introduced to ensure that
the standards laid down in this Directive are applied uniformly in all the
Member States ; whereas it should be provided that the procedure of such
control should be determined by a Coma-unity procedure within the Stending
Veterinary Committee*
HAS ADOPTED THIS DIRECTIVE :
                                     Article 1
The Council Directive of 15 February 1971 on health problems affecting trade
iii f-jfssh poultrymeat is amended as provided in the following Articles.
                                     Artide 2
1# Artic'e 3 ( l ) ( a) of the Council Directive of 15 February 1971 011 health
       problems affecting trade in fresh poultrymeat is replaced by the following
    "( a) it has been obtained from a slaughterhouse or from cutting-up premises
            approved and supervised in accordance with Article 5(l )"*
2t The following is added to paragraph 1 ( e ) of the same Article :
    "where necessary a decision may be . taken by the procedure laid down in
      Article 12 a to amend the provisions of that Chapter to take account , in
      particular , of various forms of packing used in the trade , provided such
       forms comply with the rules of hygiene ."
3 . In paragraph 1 ( f ) of the same Article , the words " cutting-up premises "
    are inserted after the word " slaughterhouses ".
 ---pagebreak--- In Article 4 :
- paragraph 1 , -the words " and cutting-up promises " are added after the word
   " slaughterhouses "   and "Ila" is added after "II " ;
- paragraph 3 « " Ha" is added after " II " at the first indent .
                                        Article 4
1, Article 5 ( l ) and ( 2 ) is replaced by the following text :
     "1 . The competent central authority of the Member State on whose territory
          the slaughterhouse or cutting-up premises are situated shall ensure that
          the approval provided for in Article 3 ( l ) (a) is granted only where
          the provisions of Chapters I , la , II and Ila of Annex I are complied
          with and provided the slaughterhouse or cutting-up premises in question are
          able to satisfy other conditions of that Annex ; it shall also ensure
          that compliance with those provisions is checked by an official veteri­
          narian and that approval is withdrawn if one or more of them is no longer
          complied with,
      2 . All approved slaughterhouses and cutting-up premises shall be registered
          cn a list and shall , each be given- a veterinary approval number.     Each
          Member State shall communi ca'o e the list of approved slaughterhouses and
          cutting-up premises and their veterinary approve ! members to the
          other Member States and the Commission and notify them of any iiith-
          drawal of approval *"
                               f                          1                  V •
2 » In Article 5 \3 )        (4 ) "the words " or cutting-up premises " are inserted after
     the word " slaughterhouse " ee,ch time it occurs .
 ---pagebreak---                                         Article 5
The following article is added after Article 12 :                      ;
"Ar+icle 12a
                                                   i             ' '
1 . Where the procedure laid down in this Article is to be used , matters shall
     •without delay he referred by the Chairman , either on his own initiative or
     the request of a Member State , to the Standing Veterinary Committee (here­
      inafter called "the Committee ") set up by the Council Decision of 15 Octo­
     ber 1958 .
2 , Within the Committee , the votes of Member States shall be weighted as pro­
     vided in Article 148 ( 2 ) of the Treaty.       The Chairman shall not vote .
3 » The representative of the Commission shall submit a draft of the measures
     to be adopted.     The Committee shall deliver its Opinion on such measures
    'with two days .    Opinions shall be delivered by a majority of 41 votes.
4. The Commission shall adopt the measures and shall apply them immediately
     where they are in accordance with the Opinion of the Committee.         Where
     they are not in accordance with the Opinion of the Committee or' if no .
      Opinion is delivered , the Commission shall xfithout delay propose to the
     Council the measures to be adopted.       The Council shall adopt the measures
     by a qualified majority.
      If , within three montire from the date on which the proposal was submitted to
      it , the Council has not adopted any measures , the Commission shall adopt
     the proposed measures and apply them immediately".
                                        Article 6
Article 13 is replaced by the follovring text :
•The provision of Article 12 and Article 12 a shall apply for eighteen months
  from the date on which a matter was first referred to the Committee , either
  under Article 12 ( l ) or Article 12 a ( l ) , or tinder any corresponding rules ,"
 ---pagebreak---                                           - 5 -
                                    .   Article 7
The following new Articles 15 and 16 are added , after Article 14 , in Title IV
"Arti cle 15
The official veterinarians of the Member States and of the Commission shall
make on-the-spot checks to ensure that the provisions of this Directive , and
in particular those of Chapters I , la, II and Ila of Annex I are actually
applied.                                           '            i  .   ,
The Commission , acting on proposals from the Member States , shall appoint the
experts in the Member States who shall be responsible for these checks.
These checks shall be made on behalf of the Community which shall bear the
expenditure relating thereto .
The procedures of these checks shall be determined by the procedure laid down
in Article 12 ( a).
Article 16                        •                  - ••
Amendments or additions may be made to the provisions of Annexes I , II , III­
                                                          /
and IV by the procedure laid down in Article 12a." .
                                      . Article 8
The former Articles 15 , 16 ancj. 18 are re-numbered 17 , 18 and 19 respectively.
                                         Article 9
The following is added to the new Article 18(d) (formerly Article 16) :
"However, for not more than nine years following this notification
- poultry meat need not be eviscerated wholly in accordance with this Direc­
  tive ; " '    "                                             !
- geese raised for production of foie gras need not be slaughtered and evisce­
  rated wholly in accordance with this Directive."
                                                                         •••/• • •
 ---pagebreak---                                      Article 10
In Chapter I of Annex I , paragraph l(u) is amended to read as follows :
"An adequate supply , under pressure , of drinking water only ; however , non-
drinking water may be used in exceptional cases for steein production and
fire-fighting purposes , provided that the pipes installed for this purpose
do not allow this water to be used for other purposes ; in addition , the
use of non-drinking water may "be allowed, in exceptional cases for cooling
refrigeration equipment .    The pipes for non-drinking water must be clearly
distinguished from those for drinking     water and must not pass through rooms
in which there is meat ."
                                     Artide 11
The following Chapter is added after Chapter I of Annex I ;
                                     "Chapter la
                                                               >
                           Hygiene Rcquirements for cutting-up premises
1 . Cutting-up premises must consist of annexes to approved slaughterhouses . '
     However , exceptions from this rule may be allowed by the Member States
     where there are transport facilities making it possible to comply strictly
     with the hygiene and temperature requirements of this Directive .
2 . The cutting-up premises shall use exclusively fresh poultrymeat obtained
   • from an approved slaughterhouse supervised in accordance with Article 5(l)
     of this Directive .
     Meat not meeting the requirements of Article 3 may be brought into cutting-
     up premises only if it is stored there in special containers ; it must be
     cut up in other places or at other times thata, meat complying with those
     conditions .  The official veterinarian must at all times have free access
     to the cold storage depots and to all places of work to ensure that the
     above provisions are strictly respected .
 ---pagebreak---   Where the cut ting-up premises use cut meat other than poultrymeat , such
  meat must meet the relevant Community standards .
  Cutting-up premises must have :
  ( a) a sufficiently large refrigerating room for storage of meat |
  (b ) a room for cutting up and. boning , and for packaging operations cove­
         red by paragraph 35 j
  ( c ) a room for packaging operations covered by paragraph 34 and for dis­
         patching neat ;                                                        ;
  ( d ) an adequately equipped , lockable room for the exclusive use of the
         veterinary service ;
  ( e ) changing rooms , wash bassins , showers and flush lavatories ; the
         latter shall not open directly onto the workrooms ; the wash basins
         must have hot and cold running water , materials for cleansing and di­
         sinfecting the hands , and disposable hand towels ; the wash basins
     ■ ' must be near the lavatories ;
  ( f ) special air and water-tight npn-corrodible containers which can not
         be forced open , for collecting meat or meat waste obtained from cut­
         ting operations and not intended for human consumption , or special
         lockable premises for such meat and meat waste if the quantities
         thereof make this necessary or if they are not removed or destroyed
         at the , end of each working day ;
. ( g) in the rooms mentioned in ( a) and (b) :
         - waterproof' flooring which is easy to clean    and disinfect , rot-
           proof , and so constructed that water can drain away easily ; this
            water must flow, without coming into contact with air , into drains
            which shall be fitted with U-pipes and grills ;
         - smooth walls with light-coloured washable coating or paint up to
            a height of at least two metres , with rounded angles and corners ;
 ---pagebreak---  (h ) refrigeration equipment making it possible , in the rooms mentioned in
       ( a) and (b ), to keep' meat permanently at an internal temperature of
       not more than + 4°C ;                                                   ,
 ( i ) a thermometer or a tele-recording thermometer in the cutting room ;
 ( j ) facilities enabling the veterinary inspections provided for in this
       Directive to be carried out efficiently at any time ;
,(k) adequate ventilation in rooms whore work is carried out on meat }
 (l ) adequate natural or artificial lighting which does not distort colours ,
       in the rooms where work is carried out on meat }
 (m ) ah adequate supply , under pressure , of drinking water only ; however ,
       non-drinking water may be used in exceptional cases for steam produc­
       tion or fire-fighting purposes , provided that the pipes installed for
       this purpose do not allow this water to be used for other purposes .
       In addition , the use of non-drinking water may be allowed in exceptional
       cases for cooling refrigeration equipment ►    Pipes for non-drinking water
       must be clearly distinguished from those for drinking water and must
       not pass through work rooms and store rooms ;
 (n ) an adequate supply of hot drinking water under pressure ;
 ( o ) a waste-water disposal system which meets hygiene requirements ;
 (p ) in the work rooms , adequate equipment for cleansing and disinfecting
       hands and tools ; such equipment must be as near as possible to the
       work stations .   Taps must not be hand operable .  These facilities must
   . ; have hot and cold running water , cleaning and disinfecting products
       and disposable hand towels j for cleansing instruments the temperature
       of the water must be not less than 82°C ;
 ---pagebreak---                                       " "- '9
    ( q) equipment , meeting hygiene requirements , for handling meat and meat
          containers in such a manner that neither the meat nor the containers
          come into direct contact with th6 floor i
    ( r) proper equipment for protection against pests such as insects f rodents ,
          ©t c • • « s
    ( s ) instruments and working equipment such as cutting tables , movable
          cutting trays , containers , conveyer belts and saws , which are of non-
          corrodible material , will not damage the meat and are easy to clean
          and disinfect . The use of wood shall be prohibited."
                                        Article 12
The following Chapter is inserted after Chapter II of Annex I :
                                       "Chapter II a
                       Hygiene requirements for staff , premises and
                        equipnent in poult rymeat cutting premises
1 . Absolute cleanliness shall be required of staff , premises and equipment :
    ( a) staff must in particular wear clean working clothes and headgear which
          are of a light colour and easily washable. Staff who work on or handle
          meat shall wash and disinfect their hands several times during each
          working day and each time they resume work . Persons who have been in
          contact with sick animals or with infected meats must immediately after­
          wards carefully wash their hands and arms in hot water and then disin­
          fect them. Smoking shall be forbidden in work rooms and store rooms ;
    (b) no animal may enter the cutting rooms other than draught animals used
          in the course of . the activities of the establishment.' Rodents ,■» insects
          and other vermin must be systematically destroyed : ■
 ---pagebreak---                                        -- 10 -
                                             «I»
    ( c) equipment and instruments used for working on meat must "be kept clean
         and in a good state of repair.    They must be, carefully cleaned and
         disinfect several times during each working day , at the end of the
         day*s work and before being used again if they have been contaminated.
2 . Premises , instruments and working equipment must be used only for work on
    meat .   Meat-cutting equipment must be used solely for that purpose .
3 . Meat and containers thereof must not come into direct contact with the
    ground.                                                ' , '  '
4 . The use of detergents , disinfectants and pesticides must not affect the
    fitness of the meat for consumption.
5. Fresh meat for cutting must , upon being brought onto the premises , be taken
    into the cutting rooms and , until used , remain in the room mentioned at
    paragraph 4(a) of Chapter . Ia ; that room must be so equipped that the in­
    ternal temperature of carcasses and parts thereof does -not exceed + 4°C .
6 . It shall be prohibited to spread sawdust or any similar substance on the
    floor of the rooms mentioned in paragraph 4(a), (b) and ( c) of Chapter Ia.
7 . The meat must be brought into the rooms mentioned at paragraph 4(t ) of
    Chapter la as and when required and must stay in those rooms for the
    shortest possible time . While the meat is being cut , boned , and packed ,
    its internal temperature must be maintained at a level not exceeding +4°C .
    The temperature of the room must not exceed + 10°C .
8 . The meat shall be cut in such a way as to avoid all contamination.       All
    bone ' splinters and blood clots shall be removed.    Meat obtained from
    cutting 'but not intended for human consumption shall be gathered in the
    containers mentioned at paragraph 4(f) of Chapter Ia. .
                                                                           • •/ • •
 ---pagebreak---                                                • 11 . -
 9. Persons who may contaminate meat shall be prohibited from, working on or
     handling it , in particular if :
     ( a) suffering from or suspected of suffering from typhoid fever , paraty-
           phus A or B , infections enteritis ( salmonellosis ), dysentery , infec­
           tions hepatitis , scarlet fever or carriers of these diseases ;
     (b ) suffering from or suspected of suffering from contagious tuberculosis ;
     ( c ) suffering from or suspected of suffering from a contagious skin disease
     ( d) exercising at the same time an activity which might cause microbes to
           be transmitted to meat ;
     ( e ) wearing a bandage on the hand , other than a waterproof dressing protec­
           ting a non-infcctcd finger wound.
10 . A medical certificate shall be required from every person working on poul-
     trjmeat .     It shall attest that there is no impediment to such employment ;
     the certificate must be renewed annually and whenever the official vete­
     rinarian requests ; it shall always be available to the latter."
                                            Article 13
 The following Chapter is added after Chapter VI of Annex I :
              ! ' * * * « * *
                                            "Chapter Via          ,     - r,  .•
                              " ... . Health inspection of cut meat          ''
 1 . Cutting rooms shall be subject to supervision by an official veterinarian ,
 2 . Supervision by the official veterinarian shall consist of :             .
     ( a) checking records of fresh meat having entered and cut-meat having
           left the premises j
      (b) health inspection of fresh - meat having entered the cutting room ;
 ---pagebreak---                                           - V' w
                                          ;  ' ■' j
     (c) inspecting the cleanliness of the premises , installations and tools ,
          and staff hygiene ;
     ( d) the taking of any necessary samples for laboratory examinations designed
          to detect , for example , the presence of noxicus gems , additives or any
          other unauthorized chemical substances .   The results of such examinations
          shall be recorded in a register :
    ( e ) any other checks which he considers will contribute to enforcing the
          provisions of the Directive ."
                                        Article 14
                            , • •   /
The beginning of the second sub-paragraph of paragraph 35 of Chapter X of
Annex I is amended to read as follows :
"At least 2/3 rds of the surface of such packagings must be transparent ; the
packagings must be colourless and etc
                                        Article 15
The specimen certificate in Annex IV is altered as follows ;
( a) the following words are added at point II : "Address(es ) antj. veterinary
       approval number(s ) of the approved cutting-up premises ••«•••«" ;
(b) at section IV , the present part { c ) becomes ( d) and a new part ( c ) is
                                                                            (4
       added as follows : "this meat was cut at approved cutting premises       ."
                                        Article 16
The Member States shall not later than                    bring into force the laws ,
regulations and administrative provision necessary to comply with this Directive,
                                         Article 17
This Directive is addressed to the Member States .
Done at Brussels ,                                               For the Council
                                                                  The Président