Commission Delegated Regulation (EU) 2019/624 of 8 February 2019 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (Text with EEA relevance.)

Article 1

Subject matter and scope

This Regulation lays down specific rules concerning the performance of the official controls referred to in Article 18(1) of Regulation (EU) 2017/625 carried out on products of animal origin.

Those specific rules cover:

(a) criteria and conditions to determine (i) when the ante-mortem inspection in certain slaughterhouses may be performed under the supervision or under the responsibility of an official veterinarian; (ii) when the ante-mortem inspection may be performed outside the slaughterhouse in case of emergency slaughter; (iii) when the ante-mortem inspections may be performed at the holding of provenance; (iv) the guarantees to be in place for the performance of post-mortem inspections and auditing activities under the responsibility of the official veterinarian as referred to in Article 18(2)(c) and (d) of Regulation (EU) 2017/625; (v) derogations from Article 18(6) of Regulation (EU) 2017/625 regarding the classification of production and relaying areas in relation to Pectinidae, marine gastropods and echinoderms; (vi) where the official controls in cutting plants may be performed by staff designated by the competent authorities for that purpose and who are appropriately trained;

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

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

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

Article 2

Definitions

The following definitions shall apply for the purpose of this Regulation:

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

(2) ‘holding of provenance’ means the holding where the animals were last reared. In the case of semi-domesticated cervids as defined in point 2(q) of Annex I to Regulation (EC) No 999/2001 of the European Parliament and of the Council (¹), it includes round-ups intended to select animals for slaughter;

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

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

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

(6) ‘risk analysis’ means risk analysis as defined in Article 3(10) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (²);

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3

Criteria and conditions establishing when ante-mortem inspections in certain slaughterhouses may be performed by an official auxiliary

By way of derogation from Article 18(2)(a) of Regulation (EU) 2017/625, ante-mortem inspections may be performed by an official auxiliary under the supervision of the official veterinarian on species other than poultry and lagomorphs, provided that the procedures applied in the slaughterhouse comply with the following criteria and conditions:

(a) the tasks within ante-mortem inspections are of a purely practical nature and only concern one or more of the following: (i) verification that the food business operator complies with the requirements related to food chain information and to the animal's identity check; (ii) the preselection of animals showing possible abnormalities as regards human health, animal health and animal welfare requirements;

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

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

By way of derogation from Article 18(2)(a) of Regulation (EU) 2017/625, ante-mortem inspections may be performed on all species by an official auxiliary in a slaughterhouse under the responsibility of the official veterinarian, provided that the following criteria and conditions are met:

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

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

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

The derogations in paragraphs 1 and 2 shall not apply:

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

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

(c) to bovine animals from establishments defined in Article 4, point (27), of Regulation (EU) 2016/429 of the European Parliament and of the Council (³), which have not been granted the status ‘free from infection with Mycobacterium tuberculosis complex’ (M. bovis, M. caprae and M. tuberculosis) as laid down in Part II, Chapter 1, Sections 1 and 2, of Annex IV to Commission Delegated Regulation (EU) 2020/689 (⁴);

(d) to bovine, ovine or caprine animals from establishments defined in Article 4, point (27), of Regulation (EU) 2016/429, which have not been granted the status ‘free from infection with Brucella abortus, B. melitensis and B. suis without vaccination’ as laid down in Part I, Chapter 1, Sections 1 and 2 of Annex IV to Delegated Regulation (EU) 2020/689;

(e) to animals coming from a restricted zone referred to in Article 126(1), point (b)(iii), of Regulation (EU) 2016/429 and subject to restrictions within that zone;

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

Article 4

Criteria and conditions establishing when ante-mortem inspections may be performed outside the slaughterhouse in the case of emergency slaughter

By way of derogation from Article 18(2)(a) of Regulation (EU) 2017/625, the official veterinarian may perform ante-mortem inspections outside the slaughterhouse in the case of emergency slaughter, only in the case of domestic ungulates and subject to compliance with the requirements for emergency slaughter laid down in points (1), (2) and (6) of Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004.

A model health certificate as set out in Annex V to Commission Implementing Regulation (EU) 2019/628 (⁵) shall be issued for animals fit for slaughter. The health certificate shall accompany the animals to the slaughterhouse or be sent in advance in any format. Any observations relevant for subsequent meat inspection shall be recorded in the health certificate.

Article 5

General criteria and conditions laying down when ante-mortem inspections may be performed at the holding of provenance

The following criteria and conditions shall be applied for all species:

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

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

(c) ante-mortem inspections at the holding of provenance shall comprise a physical examination of the animals to determine whether: (i) they have a disease or condition which may be transmitted to animals or humans through handling or consuming the meat of such animals, or whether they are behaving, individually or collectively, in a manner indicating that such a disease has occurred; (ii) they show general behavioural disturbance, signs of disease or abnormalities which may make the meat of such animals unfit for human consumption; (iii) there is evidence or reason to suspect that the animals may contain chemical residues in excess of the levels laid down in Union legislation, or residues of forbidden substances; (iv) they show signs indicating problems related to animal welfare, including excessive dirtiness; (v) they are fit for transport.

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

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

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

At the slaughterhouse the following additional checks shall be carried out in accordance with Article 18(2)(a) and (b) of Regulation (EU) 2017/625 and Article 3 of this Regulation:

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

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

In the event that the animals are not slaughtered within three days, or 28 days in cases referred to in Article 6(5), from the date of issue of the health certificate referred to in paragraph 2(f):

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

(b) where the animals are already on their way to or are at the slaughterhouse, the slaughter may be authorised as soon as the reason for the delay has been assessed, provided that the animals undergo an additional ante-mortem inspection in accordance with Article 11 of Commission Implementing Regulation (EU) 2019/627 (⁶).

Article 6

Species-specific criteria and conditions laying down when ante-mortem inspections may be performed at the holding of provenance

In the case of farmed game slaughtered at the holding of provenance in accordance with Section III, point 3(a), of Annex III to Regulation (EC) No 853/2004:

(a) a health certificate completed in accordance with the model health certificate set out in Chapter 4 of Annex IV to Implementing Regulation (EU) 2020/2235 shall accompany the animals to the slaughterhouse or to the game-handling establishment, or it shall be sent in advance in any format, instead of the health certificate referred to in Article 5(2), point (f), of this Regulation;

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

By way of derogation from Article 5(4), Member States may allow slaughter of farmed game until 28 days from the date of issue of the health certificate referred to in Article 5(2), point (f), if:

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

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

Article 7

Criteria and conditions for the performance of post-mortem inspections under the responsibility of the official veterinarian, referred to in Article 18(2)(c) of Regulation (EU) 2017/625

Post-mortem inspections referred to in Article 18(2)(c) of Regulation (EU) 2017/625 may be performed by an official auxiliary under the responsibility of the official veterinarian, subject to compliance with Chapter II of Annex II to this Regulation, when the following criteria and conditions are met:

(a) the slaughter or game-handling activities are carried out in a low-capacity slaughterhouse or game-handling establishment which slaughters or handles: (i) less than 1 000 livestock units per year; or (ii) less than 150 000 poultry, lagomorphs and small wild game per year;

(b) the competent authority may increase the thresholds laid down in point (a) ensuring that the derogation is applied in the smallest slaughterhouses and game handling establishments complying with the definition of low-capacity slaughterhouse or game-handling establishment and provided that the combined annual production of these establishments does not exceed 5 % of the total amount of fresh meat produced in a Member State: (i) for the species concerned; (ii) of all ungulates together; (iii) of all poultry together; or, (iv) of all birds and lagomorphs together; in such case, the competent authorities shall notify this derogation and the evidence to support it in accordance with the procedure laid down in Directive (EU) 2015/1535 of the European Parliament and of the Council (⁸);

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

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

(e) the competent authority has put in place a procedure to assess on a regular basis the performance of official auxiliaries in these establishments, including: (i) monitoring individual performance; (ii) verifying documentation on inspection findings and comparing it with the corresponding carcasses; (iii) checks of carcasses in the storage room;

(f) a risk analysis has been carried out by the competent authority, taking at least account of the following elements: (i) the number of animals slaughtered or handled per hour or per day; (ii) the species and class of animals slaughtered or handled; (iii) the throughput of the establishment; (iv) the historical performance of slaughter or handling activities; (v) the effectiveness of any additional measures in the food chain taken to guarantee the food safety of animals intended for slaughter; (vi) the effectiveness of the hazard analysis and critical control point (HACCP)-based procedures; (vii) audit records; (viii) the competent authority's historical records of ante-mortem and post-mortem inspections.

Article 8

Performance of post-mortem inspections by the official veterinarian

Post-mortem inspection shall be performed by the official veterinarian in the following cases:

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

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

(c) bovine animals from establishments defined in Article 4, point (27), of Regulation (EU) 2016/429, which have not been granted the status ‘free from infection with Mycobacterium tuberculosis complex’ (M. bovis, M. caprae and M. tuberculosis) as laid down in Part II, Chapter 1, Sections 1 and 2, of Annex IV to Delegated Regulation (EU) 2020/689;

(d) bovine, ovine or caprine animals from establishments defined in Article 4, point (27), of Regulation (EU) 2016/429, which have not been granted the status ‘free from infection with Brucella abortus, B. melitensis and B. suis without vaccination’ as laid down in Part I, Chapter 1, Sections 1 and 2 of Annex IV to Delegated Regulation (EU) 2020/689;