Delegated regulation 2019/624 - Specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation 2017/625 - Main contents

EN

Official Journal of the European Union

L 131/1

Regulation (EU) 2017/625 lays down rules for the official controls and other official activities performed by the competent authorities of the Member States in order to verify that matters such as food safety comply with Union legislation at all stages of the production, processing and distribution process. In particular, it provides for official controls to be performed on products of animal origin intended for human consumption in order to verify compliance with the requirements laid down in Regulation (EC) No 852/2004 of the European Parliament and of the Council (2), Regulation (EC) No 853/2004 of the European Parliament and of the Council (3), Regulation (EC) No 1069/2009 of the European Parliament and of the Council (4) and Council Regulation (EC) No 1099/2009 (5).

Regulation (EU) 2017/625 repeals Regulation (EC) No 854/2004 of the European Parliament and of the Council (6) with effect from 14 December 2019. Regulation (EC) No 854/2004 currently lays down specific rules for the organisation of official controls on products of animal origin intended for human consumption in order to verify compliance with the requirements of Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 1069/2009. It also provides for the possibility to grant certain derogations from those requirements.

The rules laid down in this Regulation should ensure a continuation of the requirements currently laid down in Regulation (EC) No 854/2004, taking into account the experience gained since the date of adoption of that act, as well as new scientific evidence and notified national rules to ensure the continued use of traditional methods at any stage of food production, processing and distribution.

Regulation (EU) 2017/625 provides for delegated acts to be adopted, laying down the criteria and conditions for derogations from certain requirements of that Regulation, so that ante-mortem and post-mortem inspections can be performed under the responsibility of the official veterinarian, instead of being performed or supervised by the official veterinarian. These delegated acts should also lay down the criteria and conditions under which official controls may be performed by other staff designated by the competent authorities in cutting plants.

Ante-mortem inspection is essential for the protection of human health, animal health and animal welfare and therefore remains the responsibility of the official veterinarian. However, certain routine tasks within ante-mortem inspection in slaughterhouses might be carried out by the official auxiliary without compromising the achievement of the objectives of Regulation (EU) 2017/625, provided certain criteria and conditions are complied with.

In particular, if ante-mortem inspection has been carried out by the official veterinarian at the holding of provenance, more flexibility should be given to the ante-mortem inspection at arrival in the slaughterhouse which might be carried out under the responsibility of the official veterinarian. However, when no ante-mortem inspection took place at the holding of provenance, the delegation of tasks should only be allowed if the inspections are supervised by the official veterinarian, subject to certain criteria and conditions for species other than poultry and lagomorphs.

In the event of emergency slaughter, ante-mortem inspection cannot be carried out in the slaughterhouse. In order to avoid causing the animal unnecessary suffering by transporting it to a slaughterhouse, and to limit economic losses for operators and reduce food waste, criteria and conditions should be laid down permitting ante-mortem inspection to be performed outside the slaughterhouse in the event of an emergency slaughter. Animals subject to emergency slaughter may still be fit for human consumption subject to a favourable meat inspection. These inspections should provide maximal guarantees of the fitness for consumption when allowing emergency slaughter outside the slaughterhouse.

It might be more efficient to evaluate human health, animal health and animal welfare requirements by carrying out ante-mortem inspections at the holding of provenance instead of in the slaughterhouse. Derogations from ante-mortem inspections in the slaughterhouse should therefore be allowed in all species, subject to certain criteria.

While post-mortem inspections and auditing activities are essential to protect human health, animal health and animal welfare and should therefore remain the responsibility of the official veterinarian, certain tasks may be carried out by the official auxiliary provided sufficient guarantees are met for these objectives and if certain criteria and conditions are complied with. These criteria and conditions should allow, in particular, a continuation of current practices in the case of discontinuous slaughter in low-capacity slaughterhouses and low-capacity game-handling establishments.

Certain criteria and conditions need to be defined for derogating from the basic requirements on ante-mortem and post-mortem inspection in slaughterhouses and game-handling establishments. A threshold of production is a non-discriminatory criterion, focussing on the smallest establishments in accordance with Article 16(3)(a) of Regulation (EU) 2017/625. Since the structure of these establishments varies between Member States, this threshold should be based on the number of animals slaughtered or handled or on the demonstration that the threshold represents a limited and fixed percentage of the meat placed on the market. Regulation (EC) No 1099/2009 defines livestock units and lays down conversion rates to express the number of animals of a certain species in such livestock units. These provisions should be used to set thresholds and harmonise derogations from certain requirements based on the size of a slaughterhouse.

Certain tasks in cutting plants may be carried out by staff designated by the competent authorities without jeopardising the objectives of protecting human health, animal health and animal welfare if certain criteria and conditions are complied with.

Official controls on the production of bivalve molluscs are necessary to ensure compliance with the criteria and targets laid down in Union legislation. In accordance with Part A of Chapter II of Section VII of Annex III to Regulation (EC) No 853/2004, live bivalve molluscs are to be harvested from production areas classified by the competent authorities and from which they authorise the harvesting. Regulation (EU) 2017/625 provides for delegated acts to be adopted, laying down the criteria and conditions to determine, in relation to Pectinidae, marine gastropods and Holothuroidea, when production and relaying areas need not be classified.

The place where official controls are to be performed on the production of these Pectinidae, marine gastropods and Holothuroidea which are not filter feeders should also be established.

Regulation (EU) 2017/625 also provides for the possibility to lay down specific derogations for official controls in respect to Rangifer tarandus tarandus (reindeer), Lagopus lagopus and Lagopus mutus (grouse) in order to allow the continuation of longstanding local and traditional customs and practices.

In accordance with Article 17(3) of Regulation (EC) No 854/2004, Member States were allowed to adopt national measures to enable the continued use of traditional methods or to accommodate the needs of food business with a low throughput or that are situated in regions that are subject to special geographic constraints. On this basis, Sweden and Finland have notified national measures with specific derogations from certain requirements for official controls on the meat of reindeer and on the meat of grouse to the Commission and to the other Member States. Since Regulation (EU) 2017/625 no longer allows such adaptation by national measures, derogations should be laid down in this Regulation for official controls covering reindeer and grouse in order to allow the continuation of longstanding local and traditional customs and practices which do not affect the achievement of the objectives of Regulation (EU) 2017/625.

Regulation (EU) 2017/625 lays down specific minimum requirements for the staff designated by the competent authorities and for the official veterinarians and for official auxiliaries involved in official controls and certain other official activities. It also lays down minimum training requirements for slaughterhouse staff involved in official controls and certain other control activities.

Specific minimum requirements for official veterinarians, official auxiliaries and other staff designated by the competent authorities should be laid down in order to maintain high and adequate performance of their tasks and therefore ensure a high level of protection of consumers, animal health and animal welfare. These should include specific minimum training requirements. Sufficient flexibility should be provided to adapt the requirement to the tasks to be performed taking into account working experience.

In order to maintain high and adequate performance, appropriate minimum training requirements should also be laid down for slaughterhouse staff assisting in the performance of tasks related to the official controls and other official control activities laid down in the Regulation.

As Regulation (EU) 2017/625 repeals Regulation (EC) No 854/2004 with effect from 14 December 2019, this Regulation should also apply from that date,

criteria and conditions to determine

the establishment of specific derogations in respect of Rangifer tarandus tarandus, Lagopus lagopus and Lagopus mutus in order to allow the continuation of longstanding local and traditional customs and practices;

the establishment of specific minimum requirements, including training requirements for the official veterinarian, the official auxiliary and the staff designated by the competent authorities, to ensure adequate performance of the tasks described in Article 18 of Regulation (EU) 2017/625;

the establishment of appropriate minimum training requirements for slaughterhouse staff who assist in performing the tasks described in Article 18(3) of Regulation (EU) 2017/625.

‘slaughterhouse’ means slaughterhouse as defined in point 1.16 of Annex I of Regulation (EC) No 853/2004;

‘holding of provenance’ means the holding where the animals were last reared. In the case of semi-domesticated cervids as defined in point 2(q) of Annex I to Regulation (EC) No 999/2001 of the European Parliament and of the Council (7), it includes round-ups intended to select animals for slaughter;

‘production area’ means a production area as defined in point 2.5 of Annex I of Regulation (EC) No 853/2004;

‘relaying area’ means a relaying area as defined in point 2.6 of Annex I of Regulation (EC) No 853/2004;

‘staff designated by the competent authorities’ means a person other than the official auxiliary and the official veterinarian, who is qualified in accordance with this Regulation to act in such a capacity in cutting plants and to whom the competent authorities assign the performance of specific actions;

‘risk analysis’ means risk analysis as defined in Article 3(10) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (8);

‘cutting plant’ means a cutting plant as defined in point 1.17 of Annex I of Regulation (EC) No 853/2004;

‘poultry’ means poultry as defined in point 1.3 of Annex I of Regulation (EC) No 853/2004;

‘lagomorphs’ means lagomorphs as defined in point 1.4 of Annex I of Regulation (EC) No 853/2004;

‘food business operator’ means a food business operator as defined in Article 3(3) of Regulation (EC) No 178/2002;

‘domestic ungulates’ means domestic ungulates as defined in point 1.2 of Annex I of Regulation (EC) No 853/2004;

‘meat’ means meat as defined in point 1.1 of Annex I of Regulation (EC) No 853/2004;

‘farmed game’ means farmed game as defined in point 1.6 of Annex I of Regulation (EC) No 853/2004;

‘final consumer’ means a final consumer as defined in Article 3(18) of Regulation (EC) No 178/2002;

‘retail’ means retail as defined in Article 3(7) of Regulation (EC) No 178/2002;

‘establishment’ means an establishment as defined in Article 2(1)(c) of Regulation (EC) No 852/2004;

‘Low-capacity slaughterhouse’ means a slaughterhouse designated by the competent authorities on the basis of a risk analysis and in which slaughtering takes place only during part of the working day or takes place during the whole working day but not on each working day of the week;

‘Low-capacity game-handling establishment’ means a game-handling establishment designated by the competent authorities on the basis of a risk analysis and in which game-handling takes place only during part of the working day or takes place during the whole working day but not on each working day of the week;

‘livestock unit’ means a livestock unit as defined in Article 17(6) of Regulation (EC) No 1099/2009;

‘small wild game’ means small wild game as defined in point 1.7 of Annex I of Regulation (EC) No 853/2004;

‘game-handling establishment’ means a game-handling establishment as defined in point 1.18 of Annex I of Regulation (EC) No 853/2004;

‘dispatch centre’ means a dispatch centre as defined in point 2.7 of Annex I of Regulation (EC) No 853/2004;

‘bivalve molluscs’ means bivalve molluscs as defined in point 2.1 of Annex I of Regulation (EC) No 853/2004;

‘processing’ means processing as defined in Article 2(1)(m) of Regulation (EC) No 852/2004;

‘viscera’ means viscera as defined in point 1.12 of Annex I of Regulation (EC) No 853/2004;

‘primary production’ means primary production as defined in Article 3(17) of Regulation (EC) No 178/2002;

‘milk production holding’ means a milk production holding as defined in point 4.2 of Annex I of Regulation (EC) No 853/2004.

the tasks within ante-mortem inspections are of a purely practical nature and only concern one or more of the following:

the official veterinarian is immediately informed by the official auxiliary performing the inspection when possible abnormalities are observed or suspected and the official veterinarian then carries out the ante-mortem inspection in person; and

the official veterinarian regularly verifies that the official auxiliary is carrying out his/her tasks properly.

an ante-mortem inspection has already been carried out by the official veterinarian at the holding of provenance in accordance with Article 5;

the official veterinarian is immediately informed by the official auxiliary performing the inspection when possible abnormalities are observed or suspected and the official veterinarian then carries out the ante-mortem inspection in person;

and

the official veterinarian regularly verifies that the official auxiliary is carrying out his/her tasks properly.

to animals that undergo emergency slaughter as referred to in Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004;

to animals suspected of having a disease or condition that may adversely affect human health;

to bovine animals from herds that have not been declared officially free of tuberculosis or the officially free status of which has been suspended;

to bovine animals from herds and to ovine and caprine animals from holdings that have not been declared officially free of brucellosis or the officially free status of which has been suspended;

in the case of an outbreak of animal diseases to animals coming from a region as defined in Article 2 of Council Directive 64/432/EEC (9) in which animal health restrictions are applied in accordance with Union legislation;

to animals subject to stricter controls due to the spread of emerging diseases or particular diseases listed by the World Organisation for Animal Health.

checks on records or documentation at the holding of provenance, including verification of the food chain information, shall be carried out;

individual examination of the animals shall be facilitated by the food business operator if required;

ante-mortem inspections at the holding of provenance shall comprise a physical examination of the animals to determine whether:

the checks and ante-mortem inspection at the holding of provenance referred to in (a), (b) and (c) shall be carried out by an official veterinarian;

the animals fit for slaughter shall be properly identified and separated from other animals and sent to the slaughterhouse directly from the holding of provenance;

a health certificate as set out in Part I of Annex IV to Implementing Regulation (EU) 2019/628 shall be issued for animals fit for slaughter. The health certificate shall accompany the animals to the slaughterhouse or be sent in advance in any format. Any observations relevant for subsequent meat inspection shall be recorded in the health certificate.

regular verification of the food business operators' obligation to ensure that the animals are identified properly;

regular verification that animal welfare rules have been complied with during transport and at arrival in the slaughterhouse and whether there are signs of any condition which might adversely affect human or animal health.

where the animals have not been dispatched from the holding of provenance to the slaughterhouse, an additional ante-mortem inspection shall be carried out and a new health certificate shall be issued;

where the animals are already on their way to or are at the slaughterhouse, the slaughter may be authorised as soon as the reason for the delay has been assessed, provided that the animals undergo an additional ante-mortem inspection in accordance with Article 11 of Commission Implementing Regulation (EU) 2019/627 (11).

a certificate completed in accordance with the model health certificate set out in Part IV of Annex IV to Implementing Regulation (EU) 2019/628 shall accompany the animals to the slaughterhouse or be sent in advance in any format, instead of the certificate referred to in point 2(f) of Article 5;

the official veterinarian shall regularly verify that those carrying out the slaughter and bleeding properly perform their tasks.

only small quantities of the farmed game meat are directly supplied by the producer to the final consumer or to local retail establishments directly supplying to the final consumer; and

not more than 50 animals are slaughtered per year and per holding of provenance.

the slaughter or game-handling activities are carried out in a low-capacity slaughterhouse or game-handling establishment which slaughters or handles:

the competent authority may increase the thresholds laid down in point (a) ensuring that the derogation is applied in the smallest slaughterhouses and game handling establishments complying with the definition of low-capacity slaughterhouse or game-handling establishment and provided that the combined annual production of these establishments does not exceed 5 % of the total amount of fresh meat produced in a Member State:

in such case, the competent authorities shall notify this derogation and the evidence to support it in accordance with the procedure laid down in Directive (EU) 2015/1535 of the European Parliament and of the Council (12);

the establishment concerned has sufficient facilities to store meat with abnormalities separately from other meat until the official veterinarian can inspect the meat with abnormalities in person;

the official veterinarian is present in the establishment at least once a day, including regularly during slaughter activities;

the competent authority has put in place a procedure to assess on a regular basis the performance of official auxiliaries in these establishments, including:

a risk analysis has been carried out by the competent authority, taking at least account of the following elements:

animals that undergo emergency slaughter as referred to in Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004;

animals suspected of having a disease or condition that may adversely affect human health;

bovine animals from herds that have not been declared officially free of tuberculosis;

bovine, ovine and caprine animals from herds that have not been declared officially free of brucellosis;

outbreak of animal diseases for which animal health rules are laid down in Union legislation. This concerns animals susceptible to the particular disease in question that come from the particular region as defined in Article 2(2)(p) of Directive 64/432/EEC;

when stricter controls are necessary to take account of emerging diseases or particular diseases listed by the World Organisation for Animal Health;

in case of derogation on the timing of post-mortem inspection in accordance with Article 13 of Implementing Regulation (EU) 2019/627.

the health standards for live bivalve molluscs set out in Chapter V of Section VII of Annex III to Regulation (EC) No 853/2004;

the specific requirements for Pectinidae and marine gastropods and Holothuroidea which are not filter feeders, that are harvested outside the classified production areas, set out in Chapter IX of that Section.

by way of derogation from Article 18(1) of Regulation (EU) 2017/625, official controls shall not be required on meat derived from Rangifer tarandus tarandus, where it is directly supplied by the producer in small amounts to the final consumer or to local retail establishments directly supplying the final consumer;

by way of derogation from Article 18(2) of Regulation (EU) 2017/625, an ante-mortem inspection is not mandatory for stray reindeer slaughtered in single cases between 1 May and 30 September;

by way of derogation from Article 18(2)(c) and (3) of Regulation (EU) 2017/625, slaughterhouse staff who have received training appropriate to this task in accordance with Article 14 may inspect:

official veterinarians working on a part-time basis who are responsible for inspecting small businesses or only carrying out official controls at primary production, in particular controls in milk production holdings and ante-mortem inspections outside slaughterhouses; and

veterinary students having successfully passed an exam on the subjects referred to in point 3 of Chapter I of Annex II and who are temporarily working at a slaughterhouse in the presence of an official veterinarian.

In Sweden:

In Finland, as they were allowed on 31 December 2014:

1.

The competent authorities may appoint as an official veterinarian only veterinarians who have passed a test meeting the requirements set out in point 3.

2.

The competent authorities must make arrangements for the test for candidates applying to be appointed as an official veterinarian.

3.

The test must demonstrate knowledge of the following subjects, specifically targeted to the tasks of official veterinarian and to the extent necessary depending on the veterinarian's background and qualifications while avoiding any duplication of tests on the knowledge and skills required for veterinary surgeon in accordance with Article 38(3) of Directive 2005/36/EC of the European Parliament and of the Council (1):

Candidates may acquire the required knowledge as part of their basic veterinary training, or through training undertaken or professional experience acquired after qualifying as veterinarians.

If the competent authorities are satisfied that a candidate has acquired all the required knowledge as part of a university degree, or through continuing education resulting in a postgraduate qualification, professional experience or other qualifications, it shall waive the requirement for a test. If the candidate has partly acquired the required knowledge, the competent authorities shall arrange for tests different from those referred to in point 2 to take account of candidates' background.

4.

The official veterinarian must have aptitude for multidisciplinary cooperation.

5.

Each official veterinarian must undergo practical training for a probationary period of at least 200 hours before starting to work independently. Relevant training during veterinary studies may be included in the probationary period. During this period the probationer is to work under the supervision of existing official veterinarians in slaughterhouses, cutting plants and on holdings. The training must concern the auditing of Good Hygiene Practices and procedures based on the HACCP principles in particular.

6.

The official veterinarian must keep up-to-date and keep abreast of new developments through regular continuing education activities and professional literature in the areas referred to in point 3. The official veterinarian must, wherever possible, undertake annual continuing education activities.

7.

Mutual recognition of the tests for official veterinarians between Member States must apply, when professionals move cross-border or wish to establish themselves in another Member State. In such case the tests must be limited to subjects, essential for human health and animal health protection in the Member States of employment, but not covered by the tests in the Member State of origin.

1.

Only people who have undergone training and passed a test in accordance with the requirements set out in point 5 are allowed to carry out the tasks of an official auxiliary.

2.

The competent authorities shall make arrangements for the tests referred to in point 1. To be eligible for these tests, candidates must prove that they have received:

3.

The practical training referred to in point 2(a) must take place in slaughterhouses, game-handling establishments and/or cutting plants under the supervision of an official veterinarian.

4.

Training and tests must concern principally red meat or poultry meat. However, people who undergo training for one of these two categories and pass the test must only be required to undergo abridged training to pass the test for the other category. The training and tests must cover wild game, farmed game and lagomorphs, where appropriate.

5.

Training for official auxiliaries must cover, and tests must confirm knowledge of, the following subjects:

6.

The competent authorities may decide to reduce training and tests as regards:

7.

The official auxiliary must have aptitude for multidisciplinary cooperation.

8.

Official auxiliaries must keep up-to-date and abreast of new developments through regular continuing education activities and professional literature. The official auxiliary must, wherever possible, undertake annual continuing training activities.

9.

If official auxiliaries carry out only sampling and analysis in connection with examinations for Trichinella and microbiological criteria, the competent authorities are only required to ensure that they receive training appropriate to these tasks.

10.

Mutual recognition of the tests for official auxiliaries between Member States must apply, when professionals move cross-border or wish to establish themselves in another Member State. In such case the tests must be limited to subjects, essential for human health and animal health protection in the Member States of employment, but not covered by the tests in the Member State of origin.

1.

The competent authorities may only appoint staff who have undergone training and passed a test in accordance with the requirements set out in point 5 of this Chapter.

2.

The competent authorities must make arrangements for the test referred to in point 1. To be eligible for this test, candidates must prove that they have received:

3.

The practical training referred to in point 2(a) must take place in cutting plants, under the supervision of an official veterinarian.

4.

Training and tests must concern principally red meat or poultry meat. However, people who undergo training for one of these two categories and pass the test must only be required to undergo abridged training to pass the test for the other category. The training and tests must cover wild game, farmed game and lagomorphs, where appropriate.

5.

Training for staff designated by the competent authorities must include, and tests must confirm knowledge of, the following subjects in relation to cutting plants:

6.

The competent authorities may decide to reduce training and tests as regards:

7.

The staff designated by the competent authorities must have an aptitude for multidisciplinary cooperation.

8.

Staff designated by the competent authorities must keep up-to-date and abreast of new developments through regular continuing education activities and professional literature. The staff designated by the competent authorities must, wherever possible, undertake annual continuing training activities.

9.

Mutual recognition of the tests for other staff designated by competent authorities between Member States must apply, when professionals move cross-border or wish to establish themselves in another Member State. In such case the tests must be limited to subjects, essential for human health and animal health protection in the Member States of employment, but not covered by the tests in the Member State of origin.