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Royal Decree 218/1999, Of 5 February, By Which Establish The Sanitary Conditions Of Production And Commercialisation With Third Countries Of Fresh Meat, Meat Products And Other Certain Products From Source...

Original Language Title: Real Decreto 218/1999, de 5 de febrero, por el que se establecen las condiciones sanitarias de producción y comercialización con países terceros de carnes frescas, productos cárnicos y otros determinados productos de orige...

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The approval of Royal Decree 147/1993 of 29 January laying down health conditions for the production and marketing of fresh meat, as well as of Royal Decree 1904/1993 of 29 October 1993, for which the lays down the health conditions for the production and marketing of meat products and certain other products of animal origin, provided that Directive 64 /433/EEC is incorporated into our national legislation. health conditions for the production and marketing of fresh meat, as amended by Directive 91 /497/EEC of 29 July and 77 /99/EEC on health problems affecting the production and placing on the market of meat products and certain other products of animal origin, as amended by Directive 92/5/EEC of 10 February, respectively, and have meant the unification of the health rules for the production and marketing of fresh meat, meat products and other products of animal origin, both in the national territory and in the rest of the the European Union.

Also, this meat legislation was completed with the Royal Decrees 1543/1994 of 8 July, laying down the health and animal health requirements applicable to the production of domestic rabbit meat and farmed game meat; 2044/1994 of 14 October 1994 laying down animal health and animal health conditions for the slaughter of wild game animals and the production and marketing of their meat; and 2087/1994 of 20 October 1994 laying down the conditions of production and the marketing of fresh poultrymeat, which provided for the transposition into national law of Directives 91 /495/EEC of 27 November 1990 on health and animal health problems in the field of production and the placing on the market of rabbit meat and farmed game meat; 92 /45/EEC of 16 June on health and animal health problems relating to the hunting of wild animals and the placing on the market of wild game meat; and 92 /116/EEC of 17 December, amending and updating Directive 71 /118/EEC on health problems in the Community the subject of trade in fresh poultrymeat, respectively.

To take account of these changes and as they cannot and should not be granted more favourable conditions for products from non-EU countries than those produced and marketed in their own country. It is necessary to lay down the new health provisions applicable for the importation of fresh meat and meat products from third countries, in accordance with the provisions of Directives 72/462/EEC of 12 December 1990. December, as well as in its corresponding amendments, including those introduced by the Directive 89 /227/EEC of 21 March relating to health and veterinary inspection problems relating to the importation of bovine, ovine and caprine animals and swine, fresh meat and meat products from countries third parties, which were incorporated into Spanish legislation, initially, by Royal Decree 1728/1987 of 23 December 1987 on health conditions, and in animal health aspects, by the Royal Decrees 110/1990 of 26 March 1990. The Court of State held that the Court of State held that the Court of State held that the Court of animal health applicable to meat and meat products from third countries.

The health aspects covered by Council Directive 92/118/EEC of 17 December laying down the animal health and health conditions applicable to the health and safety of the health and safety at work are also to be included in this standard. trade and imports into the Community of products not subject to the conditions laid down in the specific Community rules referred to in Chapter I of Annex A to Directive 89 /662/EEC and, as regards the Directive 90 /425/EEC, which was transposed by Royal Decree 2551/1994 of 29 June 1994, December, in respect of certain other products of animal origin and of meat products made from poultry meat, domestic rabbit meat, farmed game or wild game meat, and in the Commission Decision 97 /41/EC of 18 December 1996 laying down the health conditions and the veterinary inspection certificate for the importation of meat products obtained from poultrymeat, farmed game, wild game and wild game rabbit from third countries, in order to include in a single text all the health requirements applicable to these products.

Furthermore, the provisions laid down in Council Directive 96 /91/EC of 17 December amending Directive 72/462/EEC of 12 December on health and safety problems are incorporated into the Directive. animal health, swine, ovine and caprine animals, fresh meat and meat products from third countries.

At the same time it is also necessary to provide for the possibility of export of fresh meat, meat products and other products of animal origin to countries outside the European Union and the conditions under which it is be done.

The collection, in a single text, of the health conditions applicable to the importation of fresh meat, meat products and other products of animal origin from third countries and to the the general guidelines for the export of the said products to those countries referred to above in Royal Decree 1728/1987 of 23 December 1987 laying down technical and health rules governing the requirements for which they are required for intra-Community trade and imports from third countries of fresh meat, as well as Those who must gather the slaughterhouses, cutting plants and cold stores approved for that trade, as amended by Royal Decree 467/1990 of 6 April 1990, in Annex B to Royal Decree 646/1992 of 12 June 1992 establishing the animal health requirements for meat products imported from third countries; in Royal Decree 171/1989 of 3 February 1989 laying down rules for the importation of fresh meat for the Canary Islands and the (a) the corresponding parts of the Royal Decrees 379/1984 of 25 January, for which the Technical-health regulations for industries, wholesale warehouses and packers of processed meat products and derivatives and retail trade establishments of meat and processed products; 1011/1981, of 10 April, for which the Technical-health regulations for the production, circulation and trade of edible fats (animals, plants and anhydrous), margarines, minarins and fatty preparations, as amended by Royal Decrees 3141/1982 of 12 November, are hereby approved. and 1356/1991 of 13 September 1991, in the case of melted animal fats, and Title 9 of Royal Decree 512/1977 of 8 February establishing a technical and health regulation for the production, circulation and trade in prepared dishes (cooked and cooked) in order to establish the necessary clarity which should bring together any regulation for those affected by it and avoid spreading in different rules.

This Royal Decree is dictated by the provisions of Article 149.1.10. and 16. of the Constitution and pursuant to Article 38 of Law 14/1986 of 25 April, General of Health, which establishes the exclusive and full competence of the State in matters of external trade and health.

The processing of this provision has completed the processing of the affected sectors. The Inter-Ministerial Commission for Food Management has also issued its mandatory report.

In its virtue, on the proposal of the Ministers of Health and Consumer Affairs, of Economy and Finance, of Industry and Energy and of Agriculture, Fisheries and Food, after the approval of the Minister of Public Administration, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 5 February 1999,

DISPONGO:

CHAPTER I

General Conditions

Article 1. Scope of application.

Without prejudice to the agreements between the European Community and third countries on sanitary measures applicable to trade in live animals and animal products, this Royal Decree lays down the applicable health conditions. to the production and placing on the market, with third countries, of the following products intended for human consumption:

1. Fresh meat of domestic animals of the bovine species (including "Bubalus bubalis" and "Bison bison"), swine, sheep and goats, as well as domestic solipeds.

2. Meat products obtained from fresh meat of bovine animals (including the species "Bubalus bubalis" and "Bison bison"), swine, sheep and goats, as well as domestic solipeds, poultry, domestic rabbits, farmed game and wild game, including cooked meat dishes and meat products with a minimum meat content.

3. Other products of animal origin:

meat extracts, melted animal fats obtained by the extraction of meat, including bones, and intended for human consumption, chicharrones, meat meal, pig bark powder, salted blood, dry blood, dried or salted blood plasma, and stomachs, bladders and casings washed, salted or dried and/or treated by heat.

Article 2. Definitions.

For the purposes of this Royal Decree is understood by:

1. Official veterinarian: the veterinarian designated by the Ministry of Health and Consumer Affairs, for the control of imports, or by the competent authority, for the control of the production of the products to be exported under this Royal Decree and the veterinarian designated by the competent central authority of the exporting third country.

2. Country of destination: the Member State of destination to which the fresh meat, meat products or other products of animal origin from a third country or the third country of destination to which the meat is dispatched are issued. meat products or other products of animal origin from the Kingdom of Spain.

3. Third country: the country to which the health regulations on the production and marketing of fresh meat, meat products and other products of animal origin governing the European Union are not applicable.

4. Export: the consignment to third countries from the Spanish territory of fresh meat, meat products and other products of animal origin.

5. Import: the introduction into the Spanish territory of fresh meat, meat products and other products of animal origin from third countries.

6. Commercial sample: a non-commercial portion, taken on behalf of the owner or the person responsible for an establishment, which is representative of a particular production of products of animal origin of that establishment or which constitutes a model of a product of animal origin for which the production or manufacture is intended and which, for further examination, must bear the indication of the type of product, its composition and the animal species from which it has been obtained.

The definitions set out in Article 2 of the Royal Decrees 147/1993 of 29 January 1993 laying down health conditions for the production and marketing of fresh meat, and On 29 October the health conditions for the production and placing on the market of meat products and certain other products of animal origin were laid down; 1543/1994 of 8 July 1994 laying down health and safety requirements for the animal health requirements for the production and placing on the market of domestic rabbit meat and farm hunting; 2044/1994 of 14 October 1994 laying down the animal health and animal health conditions applicable to the slaughter of wild game animals and the production and marketing of their meat; 2087/1994, 20 October 1993, laying down the health conditions for the production and marketing of fresh poultrymeat and the conditions for the marketing of fresh poultrymeat and the conditions for the marketing of fresh poultrymeat, and the laying down of veterinary checks applicable to products which are introduce into national territory from countries outside the European Community.

Article 3. Applicability exceptions.

This Royal Decree will not apply to:

1. Fresh meat, meat products other than those referred to in paragraph 4, and other products of animal origin forming part of the personal luggage of travellers and intended for their own consumption, in so far as the quantity transported does not exceed 1 kg per person and provided that the products come from a country appearing on the Community lists of approved countries and imports from that country are not prohibited for reasons of public health or animal health.

2. Fresh meat, meat products other than those referred to in paragraph 4, and other products of animal origin which are the subject of small consignments intended for particular purposes, provided that they are not imported from any other commercial character, in so far as the quantity sent does not exceed 1 kg and provided that the products come from a country appearing on the Community lists of approved countries and from which imports are not prohibited by public health or animal health reasons.

3. Fresh meat, meat products and other products of animal origin which are, for the supply of personnel and passengers, on board means of transport which carry out international travel. Such meat and products, as well as their waste and those of kitchens, when they come from third countries, must be destroyed at the time of unloading. However, their destruction will not be required when these meat and products are transferred, directly or after the corresponding customs control, from that means of transport to another international one.

4. Meat products contained in hermetically sealed packages and which have undergone a heat treatment, in such a way that their value F is equal to or greater than 3, in so far as the quantity transported does not exceed 1 kg per persons, contained in the personal luggage of travellers and intended for their personal consumption, or small consignments addressed to private persons, provided that they are imports devoid of any commercial character.

5. Fresh meat, meat products and other products of animal origin introduced, with a national express authorisation, issued in advance, for other uses other than those for human consumption, to which the products concerned shall be corresponding rules according to their destination.

6. Fresh meat, meat products and other products of animal origin intended for exhibitions or for particular studies or analyses, which shall require an express national authorisation issued prior to their importation. In any event, after the exposure or the particular studies have been completed, or the corresponding analyses have been carried out, the said meat or products and the remains of the same products shall be destroyed in the third country of origin.

7. Fresh meat, meat products and other products of animal origin introduced, subject to express national authorisation, intended exclusively for the supply of international organisations and/or armed forces stationed in national territory, but under another flag. Such fresh meat, meat products and other products of animal origin shall come from third countries included in the lists of countries which may introduce fresh meat or meat products into the European Union.

CHAPTER II

Imports

Article 4. Conditions of third countries.

1. The importation of fresh meat, meat products and other products of animal origin from third countries or parts of a third country shall be subject to:

(a) The health status of the animal husbandry in the country concerned, in particular with regard to exotic animal diseases and the health status of the environment liable to compromise the health of the population and of the livestock.

(b) The rapid information network in the case of the occurrence of communicable diseases in animals, mainly those mentioned in lists A and B of the International Office of Epizootic Diseases (OIE).

(c) Legislation on the prevention and control of communicable diseases of animals.

d) The structure of veterinary services.

e) legislation concerning the use of certain substances, mainly as regards their prohibition, authorisation, distribution, marketing and the rules on their administration and control.

2. In the case of meat products and other products of animal origin, account shall be taken, in particular, of the guarantees provided by the country of origin in the field of public health and animal health.

3. Countries or parts thereof authorising the importation of fresh meat and meat products obtained from fresh meat of bovine animals (including the species 'Bubalus bubalis' and 'Bison bison'), swine, sheep and goats Caprines, as well as domestic solipeds, of meat products obtained from fresh meat of poultry, domestic rabbits, hunting of farms and wild game and of melted fat and lard intended for human consumption, shall be the listed in Annex I to this Royal Decree.

4. Third countries from which the other products of animal origin referred to in this standard may be imported and not covered by specific Community regulations, shall be those authorised by the Ministries of Health and Consumer Affairs and Agriculture, Fisheries and Food, as long as they are not expressly approved by the European Commission and published in the Official Journal of the European Communities (OJ).

5. However, the import of meat products from a third country or a part of the same listed in the 'meat products' section of the list is authorised, irrespective of the animal health conditions, provided for in the above. which is contained in Council Decision 79 /542/EEC of 21 December and in its amendments, but of which the importation of fresh meat of the species concerned is prohibited, provided that such products comply with the following: requirements:

(a) Proceed from an establishment which, in compliance with the general conditions of authorisation, has a specific authorisation for this type of production.

(b) They have been obtained from or with fresh meat complying with the provisions of this Royal Decree or with meat from the country of manufacture which must:

1. Meet the animal health requirements laid down for each individual case by the European Commission.

2. Proceed from a slaughterhouse specially approved for the supply of meat to the establishment referred to in subparagraph (a).

3. Be provided with a special stamp to be determined by the European Commission.

(c) They shall be subjected to heat treatment in a hermetically sealed container in such a way as to obtain a value F or equal to or greater than 3,00, or other treatments referred to in Part IV of the Annex to the Decision of the Commission 97 /222/EC of 28 February, or in its amendments, on the basis of the animal health situation in the exporting country.

Article 5. Conditions of the establishments.

1. The approval of slaughterhouses, cutting plants, establishments producing meat products or certain other products of animal origin and cold stores situated outside one of the establishments mentioned above, from which fresh meat, meat products and certain other products of animal origin may be imported, shall be subject to the following conditions:

(a) The establishment shall be located in a third country or in a part of a third country which is authorised in accordance with the provisions of Article 4.

(b) The third country shall provide health guarantees regarding compliance with the provisions of this Royal Decree.

(c) Guarantees shall be provided, as regards the regulatory provisions in force in the third country, concerning the administration or the maximum permissible levels of those substances which may affect the health of the meat, meat products and other products of animal origin.

(d) In the case of fresh meat, in each particular case, the provisions of this Royal Decree and those of Annex I to Royal Decree 147/1993 of 29 January 1993 shall be complied with.

However, in accordance with the Community rules laid down for this purpose, specific derogations may be made as regards the premises where the casings are processed, offal and offal are cleaned and prepared, horns, hooves and pig bristles, as well as the search for cisticercosis in pigs, glanders in solipeds and triquine in fresh meat of swine and equidae, provided that the third country concerned provides similar health guarantees and establishing, by means of the planned Community procedure, health conditions less equivalent.

In addition, by the same Community procedure, special guarantees may be required as regards the quality of drinking water used by an establishment and the medical surveillance of the staff responsible for the work and of the handling of fresh meat.

e) In the case of meat products, in each particular case, the provisions of this Royal Decree and the relevant provisions of Annexes A and B to Royal Decree 1904/1993 of 29 October 1993 shall be complied with.

(f) In the case of other products of animal origin, in each particular case, the provisions of this Royal Decree and those of Annex A, the parts of Annex B, and Annex C to the Royal Decree shall be complied with. 1904/1993 of 29 October.

2. In order to ensure that slaughterhouses, cutting plants, establishments producing meat products or certain other products of animal origin and cold stores located outside one of the establishments mentioned above appear in the lists of establishments from which fresh meat, meat products and other products of animal origin may be imported into the national territory, drawn up in accordance with the procedure laid down in the legislation (a) the Community shall be located in third countries or part of third countries appearing in the lists referred to in Article 4 of this Royal Decree and which have been officially approved for export to the European Union by the competent authorities of the third country, on the basis that:

(a) In the case of fresh meat, in each particular case, comply with the provisions of Annex I to Royal Decree 147/1993 of 29 January 1993, and in the case of meat products, in each particular case, the provisions of the relevant to Annexes A and B to Royal Decree 1904/1993 of 29 October 1993.

(b) In the case of other products of animal origin, in each particular case, comply with the provisions of Annex A, the parts which apply to it in Annex B, and Annex C to Royal Decree 1904/1993 of 29 October 1993.

(c) Exist a permanent surveillance of the establishments carried out by an official veterinarian of the third country.

3. The lists of slaughterhouses, cutting plants and cold stores for which the importation of fresh meat may be authorised, of the establishments from which the importation of meat products of the species may be authorised bovine, porcine, ovine, caprine and equidae, and of the establishments from which the importation of meat products prepared from poultry meat, and/or wild game meat and/or farmed game meat and/or rabbit may be authorised are those set out in Annex II to this Royal Decree.

4. The list of establishments of fresh meat and certain other products of animal origin, not covered by specific Community legislation and of which the importation of the products in question may be authorised, shall be carried out by the Ministry of Health and Consumer Affairs, in accordance with the Ministry of Agriculture, Fisheries and Food, as soon as they are established by the European Commission and published in the Official Journal of the European Communities.

Article 6. Conditions of fresh meat.

In addition to the conditions laid down in Article 10 of Royal Decree 110/1990 of 26 January laying down the animal health conditions to be met by fresh meat intended for intra-Community trade import of third countries, the import of:

1. Fresh meat presented in carcases and possibly divided into half-carcases for pig and half-carcases or in quarters for bovine animals and solipeds, provided that it is possible to reconstitute the carcass of each animal, when they comply with the following: conditions:

(a) Be obtained from a slaughterhouse listed in accordance with the provisions of Article 5 of this provision.

(b) Proceed from an animal for slaughter subjected to an "ante-mortem" inspection, in accordance with Chapter VI of Annex I to Royal Decree 147/1993 of 29 January, carried out by an official veterinarian.

(c) Hayan treated in hygiene conditions, in accordance with the provisions of Chapters V and VII of Annex I to Royal Decree 147/1993 of 29 January.

(d) Have been subjected to a "post-mortem" inspection, in accordance with the indications in Chapter VIII of Annex I to Royal Decree 147/1993 of 29 January, carried out under the responsibility and direct control of a veterinarian official and do not present any alteration, with the exception of traumatic injuries occurring shortly before slaughter, of malformations or localised alterations, provided that it has been established, if necessary by appropriate laboratory examination, that these lesions, malformations or alterations do not make the channel and the offal corresponding to unfit for human consumption.

e) Be provided with the veterinary inspection mark, which meets the requirements of Chapter XI of Annex I to Royal Decree 147/1993 of 29 January, with the exception of the letters, letters and numbers provided for the identification of the national establishments, which shall be replaced by the ISO code or the name of the third country of origin at the top, accompanied at the centre of the veterinary approval number of the issuing establishment. The abbreviation of the European Community shall be deleted.

(f) After the "post-mortem" inspection, they are stored under satisfactory hygiene conditions in accordance with the provisions of Chapter XIV of Annex I to Royal Decree 147/1993 of 29 January.

g) Be transported in compliance with the provisions of Chapter XV of Annex I to Royal Decree 147/1993 of 29 January, and are handled under appropriate hygiene conditions.

The official veterinarian may be assisted by assistants, under his responsibility, to carry out the "post-mortem" inspection referred to in paragraph (d) above, to verify the condition of the hygiene conditions in accordance with the (c) above and for the control of compliance with storage requirements in accordance with the provisions of paragraph (f) above.

The mentioned wizards must:

1. To be designated by the competent central authority of the issuing country, in accordance with the provisions in force.

2. Having an appropriate training.

3. Poseer a "status" that guarantees its independence from those responsible for the establishment.

4. Do not have any decision-making power in the final result on the healthiness of the meats.

2. Half-carcases, half-carcases cut up to a maximum of three pieces, of separate quarters or offal, from slaughterhouses specifically designated for this purpose, provided that they satisfy the conditions of paragraph 1.

3. Pieces smaller than the quarters, or of cut-off meat or of offal or of whole or cut livers, originating in a cutting room listed in the list provided for in Article 5 of this provision.

These meats, regardless of compliance with paragraph 1, shall:

(a) Be cut and obtained in accordance with the provisions of Chapter IX of Annex I to Royal Decree 147/1993 of 29 January.

(b) To be subjected to the control carried out by an official veterinarian in accordance with the provisions of Chapter X of Annex I to Royal Decree 147/1993 of 29 January.

c) Be packaged as provided for in Chapter XII of Royal Decree 147/1993 of 29 January.

(d) In the case of meat of equidae, they shall be subject to checks at the point of entry in relation to the existence of any restrictions on their use.

4. Languages, masseter muscles and bovine animals, provided that they comply with the requirements of paragraph 1 and paragraphs (c) and (d) of paragraph 3 of this Article and are not subject to any restriction.

5. Hot-cut meat, carried out under certain special conditions, as referred to in paragraph 46 (f) of Annex I to Royal Decree 147/1993 of 29 January 1993, provided that it is carried out in establishments specifically According to the Community procedure laid down for this purpose, it is authorized to carry out this task.

Article 7. Bans.

The import of:

is prohibited

1. Fresh meat from verracs and crypt pigs.

2. Fresh meat:

(a) Processed animals to which prohibited substances have been administered to them, as specified in Royal Decree 1373/1997 of 29 August 1997 prohibiting the use of certain substances having a hormonal or thyrostatic action and beta-agonists of use in livestock breeding.

b) Containing residues of certain authorized substances, in accordance with the exceptions provided for in Articles 3 and 4 of Royal Decree 1373/1997 of 29 August 1997; residues of antibiotics, pesticides or other harmful substances, which may make the consumption of fresh meat dangerous or harmful to human health, in so far as such residues exceed the limits of tolerance laid down by Community legislation.

3. Fresh meat treated with ionising or ultraviolet radiation, as well as fresh meat from animals which have been administered softeners or other products capable of altering the composition or character organoleptics of the same.

4. Fresh meat marked with colours other than those laid down in Annex I, Chapter XI, paragraph 58, to Royal Decree 147/1993 of 29 January 1993.

5. Fresh meat from animals in which a form of tuberculosis has been established and those fresh meat of animals in which, after slaughter, the presence of tuberculosis or the presence of one or more of the animals is recorded. several 'Cysticercus bovis' or 'Cysticercus cellulloae' live or dead, or the presence of Trichinella in animals of the porcine and equine species.

6. Meat from animals slaughtered too young.

7. Parts of carcases or offal with traumatic injuries occurring shortly before slaughter, with malformations, with contamination or localised alterations, unless it has been established, by laboratory examination, that all of these Injury does not prevent the carcass and offal from being fit for human consumption.

8. Fresh blood of domestic ungulates intended for human consumption.

9. Minced meat, other than deep-frozen meat, and mechanically separated meat.

10. The heads of the bovine animals, as well as part of the musculature of the same and other tissues of the head, excluding the tongue, the masseter muscles and the brains.

Article 8. Special requirements.

Fresh meat of domestic animals of the porcine and equine species from third countries must have been subjected, in the slaughterhouse of origin, to a screening test for Trichinella, carried out under the control and the responsibility of the official veterinarian of the establishment, or a cold treatment in accordance with the provisions of the Order of the Ministry of the Presidency of 17 January 1996 on the detection of Trichinella in fresh meat from domestic animals of the porcine and equine species ("Official State Gazette" number 22, 25 of January 1996).

Article 9. Conditions for meat products and other products of animal origin.

Import of meat products and other products of animal origin shall be authorised where they comply with the following conditions:

1. They have been obtained in establishments authorized specifically for this type of production as provided for in Article 5 of this Royal Decree.

2. Have been prepared from or with:

(a) Fresh meat of bovine species (including the species "Bubalus bubalis" and "Bison bison"), swine, sheep, goats and domestic solipeds, which meet the following conditions:

1. No. They have been obtained in approved establishments in accordance with the provisions of Article 5 of this Royal Decree.

2. Do not satisfy the conditions provided for in Articles 6 and 8 of this Royal Decree or, where applicable, in Article 4 (5) of this Royal Decree.

3. º transported and stored until the time of its preparation in accordance with the provisions of Chapters XIV and XV of Annex I to Royal Decree 147/1993 of 29 January.

(b) Fresh meat of poultry, fresh rabbit meat, farmed game meat and wild game meat, where they comply with the provisions of Chapter I of Annex II to Royal Decree 2551/1994 of 29 December 1994, as amended in last place by Royal Decree 74/1998 of 23 January.

3. Where meat products or other products of animal origin are obtained from fresh meat originating in a Member State of the European Union, in addition to the animal health conditions required, those meat must:

1. To be conducted, under veterinary control to the approved processing establishment of the third country, directly or after having been stored in an approved cold store.

2. To be the subject of control by an official veterinarian of the third country of destination, to ensure that they are still suitable for treatment in accordance with the provisions of Royal Decree 1904/1993, October 29.

4. Respond to the general conditions set out in Royal Decree 1904/1993 of 29 October 1993, and in particular:

(a) Be subjected to a physical or chemical process, such as heating, smoking, salting, marinade, salting, drying or a combination thereof, intended to prolong the preservation of the meat or products of animal origin, whether associated or not with other foodstuffs.

(b) A check is carried out by an official veterinarian or by the competent service responsible for checking the other products of animal origin in the third country in accordance with the provisions of Chapter IV of the Annex B to Royal Decree 1904/1993 of 29 October 1993 or Chapter VIII of Annex B to the same Royal Decree in the case of pasteurised or sterilised meat products contained in hermetically sealed containers.

In order to carry out such checks, the official veterinarian or the competent service of the third country, responsible for the control of the meat products and the other products of animal origin, may be assisted by auxiliaries, placed under their responsibility to:

1. To be designated by the competent central authority of the exporting country, in accordance with the provisions in force therein.

2. Having a proper training.

3. Poseer a statute that guarantees its independence from those responsible for the establishment.

4. º Do not have any decision power in the final result of the health control.

5. They have been packaged and/or packaged in accordance with Chapter V of Annex B to Royal Decree 1904/1993 of 29 October 1993.

6. They are fitted with a health mark corresponding to the requirements referred to in paragraph 4 (a) of Chapter VI of Annex B to Royal Decree 1904/1993 of 29 October 1993, with the exception of the letters, letters and numbers provided for identification of the national establishments to be replaced, at the top, by the reference of the ISO code or the name of the third country of origin, accompanied at the centre of the veterinary approval number of the establishment consignor. They shall also be deleted from the lower part of the European Community.

7. They are stored and transported to Spain under appropriate hygiene conditions as laid down in Chapter VII of Annex B to Royal Decree 1904/1993 of 29 October for meat products or Annex C to the same Royal Decree for the other products of animal origin, being handled in satisfactory hygienic conditions. For meat products and other products of animal origin which cannot be kept at room temperature, the manufacturer shall indicate on the packaging the maximum permissible temperatures of storage and transport, in a visible and easily readable. In any case, the date of minimum duration shall be indicated.

8. They have not been subjected to ionising radiation.

Article 10. Documentation and controls at destination.

1. Fresh meat, meat products and other products of animal origin from third countries shall be accompanied, irrespective of the animal health certificates laid down in the specific legislation, of the corresponding veterinary inspection certificates bearing the particulars provided for in the models set out in Annexes III, IV, V and VI to this Royal Decree, in their original copy.

Each of these certificates must be drawn up on a single sheet, at least in the Spanish language and will have a single recipient.

2. Fresh meat, meat products and other products of animal origin from third countries, on arrival in the national territory, shall be subject to the checks provided for in Royal Decree 2022/1993 of 19 November 1993 and in their implementing rules to be carried out at the border inspection posts selected for veterinary checks on products from third countries as set out in Commission Decision 97 /778/EC of 22 July, or in its amendments.

3. Fresh meat, meat products and other products of animal origin from third countries, once controlled in accordance with the provisions of the preceding paragraph, shall be accompanied either to the country of destination or to their destination within the national territory, provided that the goods are released for free circulation or are placed under customs control, of the document referred to in Annex III to the Ministerial Order of 20 January 1994 laying down detailed rules for health checks, external trade products intended for human use and consumption and authorised customs offices for its realization.

4. The importation of fresh meat, meat products and other products of animal origin from third countries shall be prohibited where the checks carried out at the border inspection post reveal that:

(a) They come from a third country or part of the third country not authorised by the European Union or, where appropriate, by the Ministries of Health and Consumer Affairs and Agriculture, Fisheries and Food or that third country or part of the country third is subject to temporary or permanent restrictions for certain animal or product species or have not been produced in the approved establishments as provided for in this Royal Decree.

(b) Fresh meat, meat products and other products of animal origin are unsuitable for human consumption.

(c) The conditions laid down in this Royal Decree or in the rules referred to in the Royal Decree 147/1993 of 29 January 1993 and 1904/1993 of 29 October 1993 have not been fulfilled.

(d) The certificates accompanying each of the consignments do not satisfy the conditions laid down in paragraph 1 of this Article.

The destination of the rejected lots will be determined in accordance with the provisions of Royal Decree 2022/1993 of 19 November 1993.

CHAPTER III

Export

Article 11. Export.

1. The Spanish establishments producing and marketing fresh meat, meat products and other products of animal origin who wish to use their products for export must comply with:

(a) The rules laid down in Royal Decrees 147/1993 of 29 January 1993 and 1904/1993 of 29 October, respectively, or (b) Where an agreement has been concluded with a third country, establishing compliance with requirements and conditions other than those laid down in the Royal Decrees referred to in subparagraph (a), shall be subject to the provisions of that agreement. If they are more favourable than those referred to in those Royal Decrees and shall be drawn up in this way, they shall be drawn up at times other than the rest of the production and must bear the word 'Export' in the package and on the packaging visible and indelible and may not be placed on the market or consumed on national territory or in the other Member States of the European Union.

2. The establishments referred to in paragraph 1 shall be expressly authorised for export by means of a health authorization issued by the Directorate-General for Public Health of the Ministry of Health and Consumer Affairs, without prejudice to the the competent authority of the Autonomous Community in which the establishment is located is requested.

3. The representatives of the establishments wishing to be authorized will request it to the Directorate General above, in accordance with the procedure laid down in Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure and Royal Decree 1778/1994 of 5 August, which are in accordance with Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the rules governing the procedures for granting, modifying and extinguishing authorisations.

Upon receipt of the application and, where appropriate, the report of the competent authority of the Autonomous Community on compliance with the applicable technical and health requirements, the verification visit shall be carried out by the relevant Service of the Directorate-General referred to above, which, on the basis of the reports and visits made, shall grant the approval to the establishments, where appropriate.

4. The minutes and records of inspection, certificates or equivalent forms signed by the Official Veterinary Services of the Autonomous Communities responsible for the control of the authorities shall be recognised for the purposes of this Royal Decree. approved establishments.

5. Fresh meat, meat products and other products of animal origin, intended for export, shall be accompanied by the accompanying trade document and, if necessary, and where the country of destination so requires. internal rules, of the health certificate for the export of foodstuffs, as provided for in the Order of the Ministry of Health and Consumer Affairs of 12 May 1993 and, where appropriate, of any specific certificates which are regulated by the third country of destination, to be sent by the Directorate General of Public Health to the the competent authority of the Autonomous Community in which the approved establishment is located, for completion by the Official Veterinary Services responsible for the control of such services.

6. The Directorate-General for Public Health shall keep an updated register containing the establishments authorised to export the products referred to in this Royal Decree, to the various third countries, to which they shall be notified. any amendments to the technical-health regulations which are applicable to them and which may affect the authorisation granted.

Single additional disposition. Character of the rule.

This Royal Decree is dictated by the exclusive and full competence of the State in the field of Health and Foreign Trade. Article 149.1., 10. and 16. of the Constitution, and Article 38 of the Law 14/1986, of 25 April, General of Health.

Single transient arrangement. Temporary derogation.

As long as the Commission does not establish import licences and lists of establishments for which imports of stomachs, bladders and casings, washed, salted or dried and/or heated, are authorised, the products may be imported from the production establishments, from third countries, which have been authorized by the Directorate-General for Public Health of the Ministry of Health and Consumer Affairs, not being necessary to comply with the the requirements laid down in paragraph 1 and in the second subparagraph of Article 9 (2) of Article 9 of this Royal Decree, which shall be accompanied by health certificates bearing the particulars provided for in the models listed in Annexes VII and VIII.

Single repeal provision. Provisions to be repealed.

As of its entry into force, the provisions of the present Royal Decree and in particular the following are repealed as many provisions of equal or lower rank:

1. Royal Decree 171/1989 of 3 February 1989 laying down rules for the importation of fresh meat destined for the Canary Islands.

2. Royal Decree 1728/1987 of 23 December 1987 laying down the technical and health rules governing the requirements for intra-Community trade in and imports from third countries of fresh meat, as well as those which are required to gather the slaughterhouses, cutting plants and cold stores authorised for such trade, as well as their amendment by Royal Decree 467/1990 of 6 April.

3. Title X of Royal Decree No 379/1984 of 25 January 1984 on the technical and health regulations of industries, wholesale warehouses and packers of processed meat products and derivatives and of retail establishments less of the meat and processed products, in all matters concerning the import and export of the meat products and other products of animal origin included in the scope of application of this Royal Decree, provisions relating to retail, gelatine and hydrolysed trade.

4. Title VIII of Royal Decree 1011/1981 of 10 April 1981 approving the technical and health regulations for the production, circulation and trade of edible fats (animals, plants and anhydrous), margarines, minarins and preparations This is the case in point where the Commission is concerned about the fact that the Commission is not in a position to take the view of the Commission.

5. Title IX of Royal Decree No 512/1977 of 8 February approving the technical and health regulations for the production, circulation and trade of prepared dishes (cooked and cooked), in respect of dishes cooked to meat base.

6. Articles 5, 6, 8, 9.3, 11, 12 and 13 as well as Annexes A, B and C to Royal Decree 646/1992 of 12 June laying down animal health requirements for meat products imported from third countries.

Final disposition first. Faculty of development.

The Ministers of Agriculture, Fisheries and Food and Health and Consumer Affairs are empowered to dictate the provisions necessary for the development of this Royal Decree and in the field of their respective competences. for the adaptation of the annexes, where necessary, to the provisions emanating from the European institutions.

Final disposition second. Entry into force.

This Royal Decree will enter into force within thirty days of its publication in the "Official State Gazette".

Given in Madrid to 5 February 1999.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX I

Lists of third countries from which imports of fresh meat, meat products, melted fats and lard are authorised

1. The countries or parts thereof from which the importation of fresh meat and meat products obtained from fresh meat of bovine animals (including the species 'Bubalus bubalis' and 'Bison bison'), swine, sheep and goats is authorised. Caprina, as well as domestic solipeds, shall be those listed in Council Decision 79 /542/EEC of 21 December and in its amendments.

2. In the case of cast fat and lard intended for human consumption, the approved third countries are those listed in Council Decision 79 /542/EEC of 21 December, as well as in their amendments, of which they are allowed the importation of fresh meat of the species concerned.

3. For meat products obtained from fresh meat of poultry, domestic rabbits, farmed game and wild game, the approved third countries shall be those listed:

(a) Referred to in Commission Decision 94 /85/EEC of 16 February, or in its amendments, in the case of fresh poultrymeat.

(b) Referred to in Commission Decision 94 /86/EC of 16 February or in its amendments in the case of wild game meat.

(c) Referred to in Commission Decision 94 /278/EC of 18 March, or in its amendments to the case of rabbit meat and farmed game meat.

ANNEX II

Lists of establishments in third countries from which the importation of fresh meat and meat products is authorised

1. The lists of slaughterhouses, cutting plants and cold stores from which the importation of fresh meat may be authorised are those laid down by the European Commission, on the basis of the provisions of Directive 72/462/EEC, and published in the Official Journal of the European Communities, as well as any amendments thereto.

2. The lists of establishments from which the importation of meat products of bovine, porcine, ovine, caprine and equine species may be authorised shall be those laid down by the European Commission, on the basis of Decision 95 /408/EC of 22 June, in accordance with the provisions of Directive 72/462/EEC and its amendments, published in the Official Journal of the European Communities.

3. The lists of establishments from which the importation of meat products prepared from poultry meat, and/or wild game meat and/or farmed game meat and/or rabbit meat, may be authorised are those laid down by the Commission. European Commission on the basis of Decision 95 /408/EC of 22 June, in accordance with the provisions of Directive 92/118/EEC, and its amendments, published in the Official Journal of the European Communities.

ANNEX III

Certificate of veterinary inspection for fresh meat (1) intended for Spain

Number (2): ................

Exporting country ...........................................

Ministry ..................................................

Service ....................................................

Reference (2) .............................................

I. Identification of the meat

Meats from ..................................................

(Species animal)

Type of parts: ........................................

Packaging type: .........................................

Number of parts or packing units:

..................................................................

Net weight: .................................................

II. Provenance of the meat

Address (s) and veterinary approval number (s) of the approved slaughterhouse (s): ......................

Address (s) and veterinary authorization number (s) of the approved cutting room (s): ............

Address (s) and veterinary authorization number (s) of the authorized cold store (s): ......

III. Destination of the meat

Meats are issued from: ...............................

(Place of expedition)

A: ...........................................................

(Country and place of destination) By the following means of transport (3): ..............

Name and address of shipper: .....................

Recipient name and address: ...................

IV. Certification of Veterinary Inspection

The undersigned official veterinarian certifies:

(a) The above meats (4).

The label attached to the packaging of the above meats (4),

carries the mark certifying that the meat is wholly derived from animals slaughtered in slaughterhouses approved for export to the country of destination;

(b) that such meat has been obtained under the conditions of production and control provided for in Directive 72/462/EEC and has been recognised as fit for human consumption.

c) That they have been cut in an authorized cutting room (4).

(d) They have/have not been (4) subjected to a trichinella investigation; or, in the case of application of Article 3 of Directive 77 /96/EEC, they have undergone treatment for the cold.

e) that the means of transport as well as the conditions of loading of the meat of that expedition are in accordance with the requirements of the hygiene provided for the dispatch to the country (s) of destination (s).

Made in ........... the ....... of ........... of .........

(Official Seal) ..................................................

(Name and signature of the official veterinarian) (5) -------- (1) Fresh meat within the meaning of Article 2 (b) of Directive 64 /433/EEC.

(2) Optional.

(3) For wagons and trucks, indicate the registration number; for aircraft the flight number; for ships the name.

(4) Strike out what does not apply.

(5) The signature and the stamp must be of a different colour from the ink of the printed text.

ANNEX IV

Certificate of veterinary inspection for meat products (1) intended for Spain

Number (2): ................

Exporting country ...........................................

Ministry ..................................................

Service ....................................................

Reference (2) .............................................

I. Identification of meat products

Meat products from: ..........................

(Species animal)

Nature of products: ............................

Packaging type: .........................................

Number of parts or packing units:

..................................................................

Storage and Transport Temperature (3):...

Conservation time (3): ............................

Net weight: .................................................

II. Provenance of the meat products

Address (s) and veterinary authorization number (s) of the approved establishment (s): ..............

III. Destination of the meat products

Meat products are issued from: .................

(Place of expedition)

A: ...........................................................

(Country and place of destination)

By the following means of transport (4): ..............

Name and address of shipper: .....................

Recipient name and address: ...................

IV. Certification of Veterinary Inspection

The undersigned official veterinarian certifies:

(a) That the meat products referred to above (5), which the label attached to the packaging of the meat products referred to above (5), bear the mark certifying that the meat products have been prepared in full with fresh meat from animals slaughtered in slaughterhouses approved for export to the country of destination or, in the case of application of Article 21a (2) of Directive 72/462/EEC, of animals slaughtered in a slaughterhouse specially authorised for the delivery of meat for the treatment provided for in that paragraph (5),

(b) The meat products have been recognised as fit for human consumption after a veterinary inspection carried out in accordance with the requirements laid down in Directive 72 /462/EEC.

c) That the meat products have been obtained from pork which has been/has not been (5) subjected to a trichinella investigation; or, in the latter case it has undergone treatment for the cold (5).

(d) that the means of transport and the conditions of loading of the meat products of that consignment are in accordance with the hygienic requirements laid down for the dispatch to the country (s) of destination (s).

e) That meat products have been obtained from meat which meets the requirements of Chapter III of Directive 72/462/EEC and those of Article 3 of Directive 77 /99/EEC have been obtained in application of the derogation provided for in Article 21a (2) of Directive 72 /462/EEC (5).

Made in .............. the ..... of .............. of ......

(Official Seal) ...............................................

(Name and signature of the official veterinarian) (6)

---------

(1) Meat products in accordance with Article 2 of Directive 77 /99/EEC.

(2) Optional.

(3) Complete in case of indication in accordance with Article 7 of Directive 77 /99/EEC.

(4) For wagons and trucks, indicate the registration number; for aircraft the flight number; for ships the name.

(5) Strike out what does not apply.

(6) The signature and the stamp must be of a different colour from the ink of the printed text.

ANNEX V

Veterinary inspection certificate for meat products obtained from poultry meat, farmed game meat, wild game meat and rabbit meat (1) intended for Spain

Number: ....................

Exporting country: ...........................................

Ministry: .................................................

Service: ....................................................

Reference (2): ............................................

I. Identification of the products

Meat prepared products from: ...................

(Species animal)

Type of products: ........................................

Number of parts or packing units: ...........

Storage and transport temperature: .......

Net weight: .................................................

II. Provenance of the products

Address (s) and health record number (s) of the approved production establishment (s): .......................................................................

Where applicable: Address (s) and health record number (s) of the store (s): ................

III. Destination of the meat products

Meat products are issued from: .................

(Place of expedition)

A: ...........................................................

(Country and place of destination)

By the following means of transport (3) ...............

Name and address of shipper: .....................

Recipient name and address: ...................

IV. Certification of Veterinary Inspection

I, the undersigned official veterinarian, certify that I have read and understood Chapter I of Annex II to Directive 92/118/EEC, including the provisions of that applicable to the products described above, and that they comply with these requirements. conditions laid down in that Chapter.

Made in ............ on ....... of ............ of .......

(Seal and signature of the official veterinarian) (4)

...............................................

(Name and name in uppercase)

---------

(1) In accordance with Chapter 1 of Annex II to Directive 92 /118/EEC.

(2) Optional.

(3) For wagons and trucks, indicate the registration number; for aircraft the flight number; for ships the name of the vessel. This information shall be updated in the event of a transhipment.

(4) The signature and the stamp must be a colour different from that of the ink in the printed text.

ANNEX VI

Health certificate concerning certain other products of animal origin (1) intended for Spain Number (2): ................

Exporting country ...........................................

Ministry ..................................................

Service ....................................................

Reference (2) .............................................

I. Identification of the other products of animal origin

Product type of animal origin: ....................

Products of animal origin obtained from: .............

(Species animal)

Type of packaging: ........................................

Number of parts or packing units: ..................................................................

Date of freezing (month and year) (3): .................

Storage and transport temperature (3): ....

Conservation time (3): ............................

Net weight: .................................................

II. Origin of the other products of animal origin

Address (s) and veterinary authorization number (s) of the approved establishment (s): ..............

III. Destination of the other products of animal origin

Other products of animal origin are issued from: ..................................................................

(Place of expedition)

A: ...........................................................

(Country and place of destination)

By the following means of transport (4): ..............

Name and address of shipper: .....................

Recipient name and address: ...................

IV. Certification of Veterinary Inspection The undersigned official veterinarian certifies:

(a) that the other products of animal origin referred to above come from animals slaughtered in approved slaughterhouses and which are under official control and which have been subjected to "ante" and "post-mortem" inspection and declared fit for human consumption.

(b) The other products of animal origin have been recognised as fit for human consumption, following a veterinary inspection carried out in accordance with the requirements laid down in Directive 72 /462/EEC.

(c) The other products of animal origin have been obtained, prepared and handled in establishments approved and subject to permanent health surveillance, under the conditions laid down in Directive 77 /99/EEC.

(d) that the other products of animal origin have been obtained from pig meat which has been/has not been (5) subjected to a trichinella investigation; or, in the latter case, has undergone treatment for the cold (5).

e) that the means of transport and the conditions of loading of the meat products of that consignment are in accordance with the hygiene requirements laid down in Directive 77 /99/EEC.

Made in .............. the ..... of .............. of .....

(Official Seal) ...............................................

(Name and signature of the official veterinarian) (6)

---------

(1) Other products of animal origin in accordance with Article 2 of Directive 77 /99/EEC.

(2) Optional.

(3) Complete in case of indication in accordance with Article 7 of Directive 77 /99/EEC.

(4) For wagons and trucks, indicate the registration number; for aircraft the flight number; for ships the name.

(5) Strike out what does not apply.

(6) The signature and the stamp must be of a different colour from the ink of the printed text.

ANNEX VII

Health certificate for processed calluses intended for Spain

Certificate number .................

Exporting country: ...........................................

Ministry: .................................................

Department or Service: ................................

Reference: 295.

I. Identification of the products

Type of products: ........................................

(Species animal)

Parts Type: ............................................

Packaging type: .........................................

Number of parts or packing units: ..................................................................

Date of freezing (month and year): .....................

Thermal treatment: Tª ...... ° C (1). Time:... min.

Net weight: .................................................

II. Provenance of the products

Address (s) and veterinary authorization number (s) of the establishment (s): ..............................

III. Target of products

Products are issued from: ...........................

(Place of issue) A: ...........................................................

(Country and place of destination)

By the following means of transport (2): ..............

Name and address of shipper: .....................

Recipient name and address: ...................

IV. Certification of Veterinary Inspection

The undersigned official veterinarian certifies that:

(a) The raw material of the products described above comes from slaughterhouses, approved by the competent authority of the country of origin, which are under official control and which have been subject to "ante" and "post-mortem" inspection. and declared fit for human consumption.

(b) Such products have been obtained, prepared and handled in approved establishments, subject to permanent health surveillance, in accordance with the rules laid down in Spanish legislation.

c) The products mentioned are salubrious and do not contain any additional products prohibited by Spanish legislation, being considered suitable for consumption.

d) They have been subjected to heat treatment until they reach a temperature equal to or greater than 80 ° C in the centre of the piece (1).

e) After heat treatment they have been the object of all kinds of precautions to avoid contamination.

f) The packaging and/or packaging thereof have been the subject of a marking which tests the above.

g) The means of transport and the conditions of loading of the products of this expedition are in accordance with the hygiene requirements laid down in the Spanish legislation.

Made in ............. on ....... of ............. of ......

(Official Seal) ...............................................

(Name and signature of the official veterinarian) (3)

---------

(1) Only for countries not free of foot-and-mouth disease in the last two years or who practice vaccination for this disease. The temperature shall be equal to or greater than 80 or C in the centre (interior) of the part.

(2) For wagons and trucks, indicate the registration number; for aircraft the flight number; for ships the name of the vessel.

(3) The signature and the stamp must be a colour different from that of the ink in the printed text.

ANNEX VIII

Health certificate for animal casings (1) intended for Spain

Note for the importer: this certificate is issued exclusively for veterinary purposes and must accompany the consignment to the border inspection post

Number (2): ....................

Exporting country: ...........................................

Ministry: .................................................

Service: ....................................................

Reference (2): ............................................

I. Identification of the Tripas of: ..................................................

(Species animal)

Type of packaging: ........................................

Number of packaging: ...................................

Net weight: .................................................

II. Provenance of the guts

Address (s) and veterinary authorization number (s) of the approved establishment (s): ..............

III. Destination of the guts

Guts are issued from: .............................................

(Place of expedition)

A: ...........................................................

(Country and place of destination) By the following means of transport (3): ..............

Seal number (2): .................................

Name and address of shipper: .....................

Recipient name and address: ...................

IV. Certification of Veterinary Inspection

I, the undersigned official veterinarian, certify that the aforementioned casings:

(a) Proceed from establishments approved by the competent authority and which are under official control.

b) They have been cleaned, scratched and salted with NaCl for thirty days (4), or bleached con........... (4), or dried after scratching (4).

c) After undergoing treatment, they have been subject to all the necessary precautions to prevent them from becoming contaminated again.

Made in .............. on ......... ..... .....

(Official Seal) ...............................................

(Signature of official veterinarian) (5)

...............................................

(Name and name in uppercase)

---------

(1) washed, scratched, and dried or dried Trips.

(2) Optional.

(3) For wagons and trucks, indicate the registration number; for aircraft the flight number; for ships the name.

(4) Strike out what does not apply.

(5) The signature and the stamp must be of a different colour from the ink of the printed text.