Article 1

Annex III to Regulation (EC) No 853/2004 is amended as follows:

  1. (1)

    in Section I, Chapter VII, point 3 is replaced by the following:

    3.Meat must attain the temperature specified in point 1 before transport, and remain at that temperature during transport.

    However, following points (a) and (b) shall apply.

    1. (a)

      Transport of meat for the production of specific products may take place before the temperature specified in point 1 is attained if the competent authority so authorises, provided that:

      1. (i)

        such transport takes place in accordance with the requirements that the competent authorities of origin and destination specify in respect of transport from one given establishment to another;

      2. (ii)

        the meat leaves the slaughterhouse, or a cutting room on the same site as the slaughter premises, immediately and transport takes no more than 2 hours;

        and,

      3. (iii)

        such transport is justified for technological reasons.

    2. (b)

      Transport of carcases, half carcases, quarters, or half carcases cut into three wholesale cuts of ovine and caprine animals, bovine animals and porcine animals may commence before the temperature specified in point 1 is attained, provided that all of the following conditions are fulfilled:

      1. (i)

        the temperature is monitored and recorded within the framework of procedures based on the HACCP principles;

      2. (ii)

        food business operators dispatching and transporting the carcases, half carcases, quarters, or half carcases cut into three wholesale cuts have received documented authorisation from the competent authority at the place of departure to make use of this derogation;

      3. (iii)

        the vehicle transporting the carcases, half carcases, quarters, or half carcases cut into three wholesale cuts are fitted with an instrument that monitors and records air temperatures to which the carcases, half carcases, quarters, or half carcases cut into three wholesale cuts are subjected in such a way that competent authorities are enabled to verify compliance with the time and temperature conditions set out in point (viii);

      4. (iv)

        the vehicle transporting the carcases, half carcases, quarters, or half carcases cut into three wholesale cuts collects meat from only one slaughterhouse per transport;

      5. (v)

        carcases, half carcases, quarters, or half carcases cut into three wholesale cuts subject to this derogation must have a core temperature of 15 degrees at the start of the transport if they are to be transported in the same compartment as carcases, half carcases, quarters, or half carcases cut into three wholesale cuts which meets the temperature requirement at Point 1 (i.e. 7 degrees);

      6. (vi)

        a declaration by the food business operator accompanies the consignment; that declaration must state the duration of chilling before loading, the time at which loading of the carcases, half carcases, quarters, or half carcases cut into three wholesale cuts were started, the surface temperature at that time, the maximum transportation air temperature to which carcases, half carcases, quarters, or half carcases cut into three wholesale cuts may be subjected, the maximum transport time permitted, the date of authorisation and the name of the competent authority providing the derogation;

      7. (vii)

        the food business operator of destination must notify the competent authorities before he receives for the first time carcases, half carcases, quarters, or half carcases cut into three wholesale cuts, not attaining the temperature specified in point 1 before transport;

      8. (viii)

        such meat is transported in accordance with the following parameters:

        • for a maximum transport time5 of 6 hours:

          Species

          Surface temperature6

          Maximum time to chill to surface temperature7

          Maximum transportation air temperature8

          Maximum daily mean carcase aerobic colony count9

          Ovine and caprine animals

          7 °C

          8 hours

          6 °C

          log10 3,5 cfu/cm2

          Bovine animals

          20 hours

          log10 3,5 cfu/cm2

          Porcine animals

          16 hours

          log10 4 cfu/cm2

          Maximum surface temperature allowed at loading and thereafter measures at the thickest part of the carcase, half carcases, quarters, or half carcases cut into three wholesale cuts.

          Maximum time allowed from the moment of killing until the reaching of the maximum surface temperature allowed at loading.

          The maximum air temperature to which the meat is allowed to be subjected from the moment loading begins, and throughout the whole duration of the transport.

          Slaughterhouse maximum daily mean carcase aerobic colony count using a rolling window of 10 weeks, allowed for carcases of the relevant species, as assessed by the operator to the satisfaction of the competent authority, according to the sampling and testing procedures laid out in points 2.1.1, 2.1.2 of Chapter 2, and point 3.2 of Chapter 3, of Annex I to Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

        • for a maximum transport time5 of 30 hours:

          Species

          Surface temperature (2)

          Maximum time to chill to surface temperature (3)

          Core temperature10

          Maximum transportation air temperature (4)

          Maximum daily mean carcase aerobic colony count (5)

          Porcine animals

          7 °C

          16 hours

          15 °C

          6 °C

          log10 4 cfu/cm2

          The maximum core temperature of the meat allowed at the time of loading, and thereafter.

        • for a maximum transport time5 of 60 hours:

          Species

          Surface temperature (2)

          Maximum time to chill to surface temperature (3)

          Core temperature (6)

          Maximum transportation air temperature (4)

          Maximum daily mean carcase aerobic colony count (5)

          Ovine and caprine animals

          4 °C

          12 hours

          15 °C

          3 °C

          log10 3 cfu/cm2

          Bovine animals

          24 hours

  2. (2)

    in Section I, Chapter V, the following point 5 is added:

    5.

    Carcases, half carcases, quarters, or half carcases cut into no more than three wholesale cuts may be boned and cut prior to reaching the temperature referred to in point 2(b) when they have been transported under the derogation set out in point 3(b) of Chapter VII of Section I. In this case, throughout cutting or boning, the meat must be subjected to air temperatures that ensure a continuous decrease of the temperature of the meat. As soon as it is cut and, where appropriate, packaged, the meat must be chilled to the temperature referred to in point 2(b) if it is not already below this temperature.