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Royal Decree 1028 / 2011, Of July 15, Which Lays Down Implementing Provisions To The Classification Of The Carcases Of Pigs.

Original Language Title: Real Decreto 1028/2011, de 15 de julio, por el que se establecen disposiciones de aplicación relativas a la clasificación de las canales de porcino.

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Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community model for the classification of pig carcases laid down the general rules for the uniform classification of pig carcases. pig carcases in all Member States. This regulation, together with its implementing provisions, was an important step towards standardisation in intra-Community trade and the transparency of the pigmeat market. In turn, by Commission Decision 88 /4779/EEC of 25 July, the methods for grading pig carcases in Spain were authorised for the first time.

Consequently, the Order of the Ministry of Agriculture, Fisheries and Food of 21 December 1988, for which the grilling of pig carcases was determined, enabled the adaptation to the Spanish legislation of those Community provisions.

In recent years, successive amendments to the European Union's regulations on this matter, which, among other things, have led to a new definition of the percentage of meagre channels, together with the appearance in the market for new equipment for the classification, has meant the review of the authorized methods for Spain.

Thus, in accordance with the procedure laid down in Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community model for the classification of pig carcases, the updating of existing formulas for previously approved equipment has been carried out, as well as the calibration of new methods. Commission Decision 2009 /11/EC of 19 December 2009 concerning the authorisation of grading methods for pig carcases in Spain repeals Commission Decision 88 /4779/EEC of 25 July 2009.

At the same time, as a result of the regulatory simplification process carried out within the Community framework, Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of the European Union agricultural markets and specific provisions for certain agricultural products are laid down, repeals Council Regulation (EEC) No 3220/84 of 13 November 1984, since 1 January 2009. For its part, Commission Regulation (EC) No 1249/2008 of 10 December 2008 lays down detailed rules for the application of Community models for the classification of bovine, porcine and ovine carcases and for the communication of their in order to facilitate transparency in the intra-Community market in pigmeat and to make a payment to producers on the basis of the weight and composition of the pigs they have delivered to the slaughterhouse; others, Commission Regulation (EEC) No 2967/85 of 24 October 1985.

While the new Community provisions contain, for the most part, the provisions laid down in the previous Regulations, it is appropriate, in order to ensure legal certainty, to incorporate into our legal framework the amendments to the new rules, without prejudice to the direct application of those provisions. It is also necessary to develop those aspects of the aforementioned regulations, which the Council and the Commission provide for optional use, at the discretion of the Member States. This royal decree lays down specific provisions for the classification of pig carcases in Spain, in accordance with the provisions of Council Regulation (EC) No 1234/2007 of 22 October 2007, as well as in the Regulation (EC) Commission Regulation (EC) No 1249/2008 of 10 December 2008, which entails the repeal of the said Order of the Ministry of Agriculture, Fisheries and Food of 21 December 1988.

Thus, the particularities of the commercial practice in the market for Spanish pigmeat advise the application of a number of options concerning: possibility of not applying the classification of carcases in small slaughterhouses or which totally sacrifice and fire their own animals; possibility of presenting the carcass with or without hands, applying the corresponding weight correction; inclusion in the classification, for pigs slaughtered in Spain, of a class of 60 per cent or more of lean meat designated by the letter S; and the possibility of exceeding the the 45-minute period established between the bleeding and the weighing of the pig, provided that the deductions corresponding to the percentage of reduction per oreo are applied.

On the other hand, it is necessary to lay the foundations for the implementation in Spain of the on-the-spot checks in the classification, weighing and marking of pig carcases which, in the exercise of their powers, must be carried out the competent authorities of the Autonomous Communities. It is also necessary to lay down the basis for the measures to be taken when irregularities are detected and for the correction of deficiencies. It is also necessary to set up the Bureau of Coordination of the Classification of Channels and Prices, as an advisory and coordinating body in this field, enabling the extension of its functions to other livestock sectors and, consequently, repeals the single additional provision of Royal Decree 225/2008 of 15 February 2008, which completes the application of the classification model for heavy beef carcases and regulates the registration of market prices. Finally, it is necessary to incorporate the sanctioning regime to be applied in the field of classification, weighing and marking of pig carcases.

Given the marked technical nature of this rule, it is considered appropriate to be adopted by royal decree.

In the process of this royal decree, the autonomous communities and representative entities of the affected sectors have been consulted.

This royal decree has been submitted to the procedure for information on technical standards and regulations provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June and by Royal Decree 1337/1999, Council Regulation (EC) No. 3406of 31 July of 31 July 2001 regulating the provision of information in the field of technical standards and regulations and regulations relating to the services of the information society.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the then Vice-President First of the Government and Minister of the Presidency, according to the State Council and previous deliberation of the Council of Ministers at its meeting on 15 July 2011,

DISPONGO:

Article 1. Object and scope of application.

The purpose of this royal decree is to lay down specific provisions for the classification of pig carcases in Spain, in accordance with the provisions of Council Regulation (EC) No 1234/2007 of 22 October 2000. 2007, establishing a common organisation of agricultural markets and laying down specific provisions for certain agricultural products, as well as in Commission Regulation (EC) No 1249/2008 of 10 December 2008 establishing a common organisation of agricultural markets lay down detailed rules for the application of Community classification models for beef, pig and sheep carcases and the communication of their prices.

Article 2. Definitions.

For the purposes of this royal decree, it shall be understood as:

a) Canal: the body of a pig slaughtered, bled and eviscerated, whole or divided in half lengthwise.

b) Type presentation: presentation of the channel without the tongue, bristles, nails, genital organs, renal pelvic fat, kidneys and diaphragm.

c) Handless presentation: type presentation whose previous limbs have been cut at the carpometacarpiana joint level.

(d) Competent authority: the competent bodies of the autonomous communities and the autonomous cities of Ceuta and Melilla.

Article 3. Mandatory classification of channels and exceptions.

1. The Community model for the classification of pig carcases referred to in Article 42 (1) of Council Regulation (EC) No 1234/2007 of 22 October 2007 and Article 20 of Commission Regulation (EC) No 1249/2008 of 10 of December 2008, will be used in all slaughterhouses for the classification of all channels. The carcases of animals used for breeding, slaughtered piglets and animals for emergency slaughter are exempted from this obligation.

2. Without prejudice to the provisions of the above paragraph, this model shall not apply to slaughterhouses which are compulsory:

(a) Realize a maximum number of sacrifices, set by the competent authority, which shall be in any case less than two hundred pigs per week, on an annual average or

(b) Only slaughter pigs born and primed in their own facilities and which cut all the carcases obtained.

The Autonomous Communities shall notify the General Directorate of Agricultural and Livestock Resources, the decision taken in relation to the provisions of paragraph (a), specifying the maximum number of sacrifices that may be made. carry out in each slaughterhouse exempt from the application of the Community model, in order to ensure that that Directorate-General applies the notification of this information to the Commission.

Article 4. Presentation of the channel.

1. For the purposes of this royal decree, the channels shall be presented without the tongue, the bristles, the nails, the genital organs, the renal pelvic fat, the kidneys and the diaphragm.

2. By way of derogation from the preceding paragraph and in accordance with the second subparagraph of Annex V (III) to Council Regulation (EC) No 1234/2007 of 22 October 2007, taking into account the commercial practice followed in Spain, Derogation from the above mentioned standard presentation, pig carcases may also be presented without the hands at the time of being weighed and classified.

Article 5. Weighing, sorting and marking.

1. At the time of weighing, the carcases shall be classified according to the estimated lean meat content, in accordance with the model set out in Annex I. The methods provided for in Article 7 shall be used.

For pigs slaughtered in Spain, a class of 60 per cent or more of lean meat, designated by the letter S

is established.

2. Following their classification and before their entry into the chamber of oreo, the pig carcases shall be marked with the capital letter representing the class of the carcase or the percentage of lean meat estimated in accordance with the provisions of paragraph 1. previous.

The letters or figures must be at least two centimeters high. The marking shall be carried out by means of a non-toxic, indelible and heat-resistant ink, or by any other permanent marking method authorised previously by the competent authority.

Without prejudice to the first subparagraph of this paragraph, an indication referring to the weight of the same or other indications considered appropriate may be marked on the pig carcases.

The half-carcases shall be marked in the bark at the height of the rear or ham.

The placement of labels in such a way that they cannot be removed without being damaged will also be considered satisfactory.

3. By way of derogation from the above paragraph, the marking of carcases shall not be compulsory, provided that the slaughterhouse extends a record in accordance with the model established by the competent authority indicating, for each channel, at least the following: data:

(a) An individual identification of the channel by any unalterable method, which ensures its traceability at all times.

b) The weight of the hot channel.

(c) The estimated lean meat content as defined in paragraph 1.

The minutes must be signed on the day they are extended, by a person from the slaughterhouse in charge of the control function, and kept for at least six months from the day of their signature.

However, in order to be marketed without cutting in another Member State, the channels must be marked in accordance with paragraph 2, in accordance with the designation of the class referred to in paragraph 1.

4. In all slaughterhouses where the grading of carcases is carried out and the marking is to be marked as set out in paragraph 2, a daily record shall be kept which links the individual identification of each channel with its hot weight and its estimated content of lean meat or classification, ensuring its traceability at all times. This register, as well as the albarans and communication documents provided for in Article 8, shall be kept for a minimum of three months from the day of slaughter of the animals.

5. Without prejudice to Article 4, and unless action by the official veterinarian of the slaughterhouse for health reasons, no adipose, muscle or other tissue may be removed from the carcases before they are weighed, classify and mark.

6. It is the responsibility of the slaughterhouses to ensure the proper functioning of all measuring equipment and apparatus, including verification of the calibration of the scales and the verification of the classification equipment.

The scales used in the weigh-ins must be adapted to the rules of metrological control. In addition, weighing instruments shall be sealed to ensure the correction and transparency of weighing operations.

7. The slaughterhouse must have procedures in place to ensure that the hot weight is matched to the actual value of the heavy weight, and that it is faithfully collected in the computerised register.

8. In slaughterhouses using the manual grading probes, in accordance with the methods authorised by Commission Decision 2009 /11/EC of 19 December concerning the authorisation of grading methods for pig carcases in the Community, Spain, the classification must be carried out by personnel with a minimum of two months of training through practical experience in this field.

Article 6. Weight of the channel.

1. For the purposes of the application of the pig carcases classification model set out in this royal decree, the weight shall correspond to the weight of the cold channel presented in accordance with Article 4.

2. The carcass shall be weighed as soon as possible after slaughter and at the latest 45 minutes after the pig has been bled. The result of this weighing shall be considered as "hot-registered weight" or "hot weight".

In the case of carcases presented without the hands, as provided for in Article 4, in order to be able to fix the quotations for pig carcases on a comparable basis, the hot-recorded weight shall be added 0,840 kilograms.

The weight of the cold channel will be obtained by deducting 2 percent of the hot weight, if it is weighed before 45 minutes after the pig's bleeding. If, in a given slaughterhouse, in a general manner, the 45-minute period cannot be complied with, the weighing may be carried out only after the deduction provided for is reduced by 0.1 percentage points for each quarter of the hour or additional fraction, exceeds 45 minutes.

Article 7. Lean meat content of pig carcases.

In accordance with Annex V (IV) (1) of Annex V to Council Regulation (EC) No 1234/2007 of 22 October 2007, the lean meat content shall be assessed by means of the methods authorised by the Commission.

commission Decision 2009 /11/EC of 19 December 2008 on the basis of Commission Decision 2009 /11/EC.

Article 8. Communication of the classification results.

1. The slaughterhouse must communicate in writing or by electronic means, either in the apbaran or in an attached document, the result of the classification carried out on each channel of a lot. This communication shall be delivered to the supplier of the animals or to the natural or legal person who orders his/her slaughter, without prejudice to informing the farmer when he expressly requests it.

2. This communication shall include the weight of the carcase, with an indication of the time when the weighing has been performed considering the time since the bleeding, and the type of presentation (with or without hands). It shall also be specified in the case of cold or hot weight, as provided for in Article 6, as well as the method of classification used, in accordance with Article 7.

Article 9. On-the-spot checks.

1. The competent authority of the autonomous community in which the approved slaughterhouses are located shall carry out checks on the classification, weighing and marking of carcases. These on-the-spot checks shall be carried out without prior notice and shall include at least the control elements set out in Annex II.

The competent authority may delegate control to a control body, independent of slaughterhouses.

2. Checks shall be carried out at least twice a quarter in all approved establishments which slaughter 200 pigs or more weekly as an annual average.

The competent authority of the Autonomous Community shall determine the minimum frequency of checks for approved establishments which slaughter less than 200 pigs per week as an annual average, and shall communicate this frequency to the Table for the Coordination of Classification referred to in Article 11.

3. For the purposes of carrying out the checks laid down in paragraphs 1 and 2, the autonomous communities shall determine the slaughterhouses to be checked and the number of samples of each of them, on the basis of at least their risk analysis, in particular the number of slaughter of pigs in the slaughterhouses concerned and the results of the previous checks at those slaughterhouses.

4. Where the body responsible for the controls does not have an organic or functional dependence on the competent authority, the checks referred to in paragraphs 1 and 2 shall be carried out under the physical supervision of that authority. conditions and at least once a year. The latter shall be regularly informed of the results of the activities of the body responsible for carrying out the checks.

5. Without prejudice to the powers reserved by the official bodies responsible for metrological control in application of Annex X to Royal Decree 889/2006 of 21 July 2006 regulating the metrological control of the State in respect of measuring instruments, the classification control officers shall carry out the following controls:

a) Verification of the actual heavy with the communicated to the supplier of the animals.

b) Checking the periodic calibration of the scales.

Article 10. Measures to be taken when irregularities are detected. Correction of deficiencies.

1. Where, as a result of an inspection, a significant number of incorrect classifications are observed, the competent authority shall assess, on the basis of the risk analysis, the possibility of increasing the number of channels to be examined and the the frequency of the checks, or of any other corrective measures deemed appropriate, without prejudice to the penalties provided for in accordance with Article 12.

2. Any deficiencies affecting the traceability or presentation of the carcass as referred to in Article 5 (5), such as excessive external fat trimming, shall be immediately remedied, with the slaughterhouse being provided with the necessary measures. appropriate corrective actions.

Article 11. Channel and Price Classification Coordination Table.

1. The Bureau of Coordination of the Classification of Channels and Prices is constituted as a collegiate body attached to the Directorate General of Agricultural and Livestock Resources of the Ministry of the Environment, and the Rural and Marine Environment.

2. The Bureau shall be composed of

following members:

(a) President: the Deputy Director General of Livestock Products of the Directorate-General for Agricultural and Livestock Resources.

b) Vice President: Deputy Director General of Livestock Products.

c) Vocals: a representative of each autonomous community who agrees to be integrated into this body, as well as a representative of the Technical General Secretariat of the Department.

(d) Secretary: an official who occupies, at least the position of section chief in the list of positions of the Deputy Director General of Livestock Products, designated by its holder.

3. In cases of vacancy, absence or illness or other legal cause, the president shall be replaced by the vice-president.

4. The bureau may approve its own operating rules. In all cases, the Law 30/1992, of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, will apply. The bureau shall meet by a call from its chairman, on his own initiative or at the request of any of its members.

5. They are functions of the Channel and Price Classification Coordination Table:

(a) Advise and facilitate the coordination of the competent authorities of the autonomous communities in the application of the provisions on the classification of pig carcases, in accordance with the provisions of this royal decree. To this end, expert advice on the classification of pig carcases may be provided.

(b) Assessor and facilitate the coordination of the competent authorities of the Autonomous Communities in the implementation of the provisions on the classification of vaccine channels, in accordance with the provisions of Royal Decree 225/2008, February 15, in which the application of the Community model for the classification of carcases of adult bovine animals is completed and the registration of market prices is regulated. To this end, the opinion of the experts of the Community control committee established by Article 42.2 of Council Regulation (EC) No 1234/2007 of 22 October 2007 may be assisted. The Bureau, in particular, shall advise on the conduct of the certification tests for the automated grading of bovine carcases.

(c) Advising and facilitating the coordination of the competent authorities of the Autonomous Communities in the implementation of the provisions on the classification of sheep carcases, as set out in Annex V, paragraph C of Council Regulation (EC) No 1234/2007 of 22 October 2007 and Chapter IV of Commission Regulation (EC) No 1249/2008 of 10 December 2008.

d) Agree to the setting up of specific working groups.

6. The costs of compensation for the performance of services, allowances and displacements arising from the participation in meetings of the members of the Bureau shall be on behalf of their respective administrations.

Article 12. Sanctioning regime for the classification, weighing and marking of carcases.

The regime of violations and sanctions will be established in Royal Decree 1945/1983 of 22 June, which regulates the violations and sanctions in the field of consumer and agri-food production and in the Article 49.f) of the Royal Legislative Decree 1/2007 of 16 November, approving the recast text of the General Law for the Defense of Consumers and Users, except in the autonomous communities that have a sanctioning regime specific conditions, in which the scheme shall apply.

Single additional disposition. Mutual recognition.

The requirements of this standard shall not apply to products lawfully manufactured or marketed in accordance with other specifications in the other Member States of the European Union, or to products originating in the European Union. countries of the European Free Trade Association (EFTA), contracting parties to the Agreement on the European Economic Area (EEA), or to States which have a Customs Association Agreement with the European Union.

Single repeal provision. Repeal of rules.

1. The Order of the Ministry of Agriculture, Fisheries and Food of 21 December 1988 determining the grading grille of pig carcases is hereby repealed.

2. The single additional provision of Royal Decree 225/2008 of 15 February 2008 supplementing the application of the Community model for the classification of carcases of adult bovine animals and regulating the recording of market prices is hereby repealed.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13 of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. economic.

Final disposition second. Regulatory development and modification.

The Minister for the Environment, and the Rural and Marine Environment is hereby empowered to amend the Annexes to enable them to be adapted to Community legislation, as well as to adapt, in accordance with the autonomous communities, the composition and Channel and Price Classification Coordination Table functions.

Final disposition third. Entry into force.

This royal decree will enter into force three months after its publication in the "Official Gazette of the State".

Given in Madrid, July 15, 2011.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ROSA AGUILAR RIVERO

ANNEX I

Classification of pig carcases

Channels will be divided into classes based on the estimated lean meat content and will be classified accordingly:

Class

E

lean meat content expressed as a percentage of the channel

60 or more

55 to less than 60

U

50 up to 55.

R

45 to less than 50.

O

40 up to less than 45.

P

Less than 40.

ANNEX II

Control elements

The control report must contain at least the following items:

1. Place, date, and time of the control visit.

2. Data of the agent performing the control and the owner of the establishment.

3. Data from the slaughterhouse.

3.1 Name.

3.2 Address.

3.3 REGA Record Number

3.4 Volume of sacrifice per year.

3.5 Slaughtered heads per week (average annual).

4. Control of classification, presentation, weighing and marking.

4.1 Classification according to the estimated lean and marked meat content. It will be annotated:

4.1.1 Classification method used (as per Article 7).

4.1.2 Type of marking used (ink or label).

4.1.3 Verification of classification equipment: possible detected anomalies.

4.1.4 Number of channels checked.

4.1.5 Verification of marking (characteristics, dimensions, location and particulars as set out in Article 5): possible infixes detected.

4.1.6 Verification of the correct marking of the controlled channels according to the estimated lean meat content: possible infixes detected. Verification, where appropriate, of the minutes extended in accordance with Article 5.3.

4.1.7 Number of channels sorted and incorrectly marked.

4.1.8 Percentage of errors on the total controlled.

4.1.9 Number of channels not identified.

4.1.10 It will be noted if the marking includes reference to the weight or other indications.

4.2 Presentation. It will be annotated:

4.2.1 If improprieties are observed in the presentation of the channel, as set out in Article 4.

4.2.2 If tissue removal is observed, as set out in Article 5.6.

4.2.3 If the usual presentation in the slaughterhouse is with or without hands.

4.3 Pesage. It will be annotated:

4.3.1 Verification that the measuring devices are correctly calibrated.

4.3.2 Checking the periodic check of the scales.

4.3.3 Check that the correspondence between the weight of the cold channel and the weight of the hot-channel is in accordance with Article 6 (if applicable, the time limit of 45 minutes between the bleeding and the weighing shall be indicated) the pig cannot be generally respected in the slaughterhouse and the corresponding deduction will be checked.)

5. Registration: The correspondence of the actual data of the weighing and the estimated content of lean meat or carcase classification shall be verified, with those recorded in the register set out in Article 5.4.

6. Information to the producer: It shall be verified that the supplier of animals is communicated for slaughter, classification, presentation and weight of the carcass as provided for in Article 8. Correspondence shall be verified with the data in the register set out in Article 5.4.

7. Allegations of the data subject.

On the basis of the irregularities detected, the competent authority shall indicate the corrective actions to be taken, without prejudice to Article 10.