The special features which distinguish the retail trade in meat were regulated by Royal Decree 1376/2003 of 7 November 2003 laying down health conditions for production, storage and the marketing of fresh meat and its derivatives in retail trade establishments. This, together with the particularities of the raw materials and products that manipulate, prepare, produce and market these professionals, as well as their position between the production processes and their subsequent consumption, makes these establishments acquire a unique responsibility for the satisfaction of consumer demands, especially as regards the quality and quantity of services and products that the dynamics of consumption demand at every moment.

This rule introduced further liberalisation in the retail activity of the marketing of meat products, empowering retail outlets to expand their business, for certain products and services for which until then they were not authorized. This increased supply, without prejudice to the necessary protection of food safety, sought to contribute to greater competition in the market with the consequent benefits derived for the consumer and the entrepreneurs themselves. However, it maintained a number of constraints which were considered essential to ensure adequate hygiene and health conditions and respect for the national and Community reference framework.

The Senate plenary session, held on 11 March 2009, approved a motion in which it " urges the Ministry of Health and Consumer Affairs to seek the opinion of the autonomous communities regarding the problems that arise, in order to achieve a technical and political consensus allowing, in the light of the above, to carry out the amendment of Article 4 of Royal Decree 1376/2003 of 7 November 2003, in order to make the restriction which it raises, as referred to as supply of fresh meat preparations by retail establishments to bars and restaurants. And it is in line with the European regulations adopted and published after the approval of the said Royal Decree ".

Following the entry into force on 1 January 2006 of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs and Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin and with the experience gained, it is considered that the restriction which is currently being imposed should be maintained. established supplies to prepared meals establishments located in residences, geriatric, hospitals, nurseries and schools, where we find the most at-risk groups such as the elderly, the sick and the children.

Giving a response to the motion passed by the Senate, and after obtaining the opinion of the autonomous communities, it has been considered that the objectives of the aforementioned Community regulations are not compromised if the restrictions are modified. established in their day in the sense of not establishing a supply limitation to the bars and restaurants of fresh meat preparations made in the retail shops of the meat.

In the elaboration of this standard, the autonomous communities and affected sectors have been consulted, with the interministerial Commission for Food Management having issued a mandatory report.

This royal decree is issued under the protection of Article 149.1.16 of the Constitution, which attributes to the State exclusive competence in the field of bases and general coordination of health, and in accordance with the provisions of the article 40.2 of Law 14/1986, of 25 April, General of Health.

In its virtue, on the proposal of the Minister of Health, Social Policy and Equality and the Minister of the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation of the Council of Ministers in its May 20, 2011 meeting,

DISPONGO:

Single item. Amendment of Royal Decree 1376/2003 of 7 November 2003 laying down health conditions for the production, storage and placing on the market of fresh meat and meat products thereof in retail establishments.

The second paragraph of Article 4 of Royal Decree 1376/2003 of 7 November 2003 laying down health conditions for the production, storage and placing on the market of fresh meat and meat products retail trade establishments is replaced by the following:

" The approved establishments, in accordance with the above, may supply the products referred to in this royal decree to approved prepared food establishments, provided that:

1. The supplying establishment has adequate and proportionate facilities and equipment for the hygienic production of its production volume.

2. The meat referred to in Article 2 (1) and the meat derivatives as defined in Article 2 (3) shall be limited, except for the fresh meat preparations as defined in paragraph (a) .1. of that paragraph. And, in the case of supplies to bars and restaurants, the meat referred to in Article 2 (1) and the meat derivatives as defined in Article 2 (3) shall be limited.

3. Do not supply to establishments subject to registration in the General Health Sanitary Register.

4. Its distribution is carried out within the area of the municipality where the establishment is located or in the local health unit, health zone or territory of equal characteristics and purpose defined by the competent authority. corresponding. "

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 20 May 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED