Top Banner
In response to information provided by the competent authority, any factual error noted in the draft report has been corrected; any clarification appears in the form of a footnote. EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY Health and food audits and analysis DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED OUT IN POLAND FROM 12 NOVEMBER 2019 TO 22 NOVEMBER 2019 IN ORDER TO EVALUATE THE CONTROL SYSTEM IN PLACE GOVERNING THE PRODUCTION OF HORSE MEAT Ref. Ares(2020)5068082 - 28/09/2020
43

DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

Oct 25, 2021

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

In response to information provided by the competent authority, any factual error noted in the draft report has been corrected; any clarification appears in the form of a footnote.

EUROPEAN COMMISSIONDIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY

Health and food audits and analysis

DG(SANTE) 2019-6670

FINAL REPORT OF AN AUDIT

CARRIED OUT IN

POLAND

FROM 12 NOVEMBER 2019 TO 22 NOVEMBER 2019

IN ORDER TO

EVALUATE THE CONTROL SYSTEM IN PLACE GOVERNING THE PRODUCTION OF HORSE MEAT

Ref. Ares(2020)5068082 - 28/09/2020

Page 2: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

I

Executive Summary

The report describes the outcome of an audit carried out by Directorate-General for Health and Food Safety in Poland from 12 to 22 November 2019. The objective of this audit was to evaluate the control system in place governing the production of horse meat, including traceability of live animals and products derived therefrom and to assess whether it is compliant with the requirements laid down in European Union (EU) legislation.

The audit found that since the events in 2013 surrounding horse meat, the competent authority has introduced several changes to the control system and the applicable national legislation, with the aim to improve compliance with and enforcement of the relevant EU requirements, as well as to provide assurances that only horses with the correct identification and clearance for slaughter enter the food chain.

The competent authority has put in place the mechanisms needed to verify compliance of the identification/registration of horses and that only horses eligible for the food chain are slaughtered. This includes proper identification and registration and a Central Equine Database, as required by EU legislation, as well as controls at all the levels of the food chain. Positive elements are: the low percentage of horses with late registration, the efforts to properly enforce notification of changes of ownership and to communicate the relevant information for input into the database, as well as the return of passports back to the passport issuing bodies. The control system also includes official sampling for specific residues analyses, with satisfactory results overall, and sampling for species identification.

Nonetheless, certain elements are missing and that jeopardises the function of the system as a whole. These are: the lack of reference in the database to the actual horse keepers, as required by EU law to facilitate official controls; the absence of official controls to verify that any relevant treatments are properly and timely introduced in the horse passports so that horses are excluded from the food chain if required; and the need to ensure that the database is duly updated when changes occur, especially concerning the cases of dead horses and horses registered in certain studbooks.

The report contains recommendations to the Polish authorities to address the shortcomings identified.

Page 3: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

II

Table of Contents

1 Introduction ....................................................................................................................................1

2 Objectives and scope......................................................................................................................1

3 Legal Basis .....................................................................................................................................2

4 Background ....................................................................................................................................2

5 Findings and Conclusions ..............................................................................................................3

5.1 National legislation and provisions .........................................................................................3

5.2 Competent authorities..............................................................................................................5

5.3 Holdings/keepers registration and food business establishments approval.............................9

5.3.1 Holdings/keepers registration ..........................................................................................9

5.3.2 Food business establishments approval.........................................................................10

5.4 Organisation and implementation of official controls...........................................................11

5.4.1 Official controls on horse identification and movements of animals.............................11

5.4.2 Official tasks at establishment level ...............................................................................21

5.4.3 Official controls on Food business operators’ obligations............................................23

5.4.4 Official controls on import and trade of live horses, horse meat and products derived therefrom ......................................................................................................................................25

5.4.5 Official controls on production, import and trade of animal by-products consisting of or containing horse materials ......................................................................................................26

5.4.6 Official controls on distribution and use of veterinary medicinal products ..................27

5.5 Rapid Alert System for Food and Feed (RASFF) .................................................................30

5.6 Lessons learned from the "horse meat scandal" in 2013 .......................................................31

6 Overall Conclusions .....................................................................................................................32

7 Closing Meeting ...........................................................................................................................32

8 Recommendations ........................................................................................................................32

Page 4: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

III

ABBREVIATIONS AND DEFINITIONS USED IN THIS REPORT

Abbreviation Explanation

ABP Animal by-Products

Act Act of 2 April 2004 on the animal identification and registration system (Journal of Laws 2019, item 1149, consolidated text)

AFQI Agricultural and Food Quality Inspection

AMI Ante-mortem inspection

AV(s) Authorised Veterinarian(s) (i.e. a private veterinarian designated by the CA for certain official tasks)

CA(s) Competent Authority(ies)

CBDK Central Equine database CCA Central Competent Authority

CVO Chief Veterinary Officer

DG Health and Food Safety

Directorate-General for Health and Food Safety of the European Commission

DVI(s) Powiat (District) Veterinary Inspectorate(s)

DVO(s) Powiat (District) Veterinary Officer(s)

EU European Union

FBO(s) Food Business Operator(s)

FCI Food Chain Information

GVI General Veterinary Inspectorate

HACCP Hazard Analysis and Critical Control PointsMARD Ministry of Agriculture and Rural DevelopmentNVRI National Veterinary Research Institute

MS Member State(s)

NRL(s) National Reference Laboratory(ies)

OV(s) Official Veterinarian(s)

PMI Post-mortem inspection

PZHK Polish Breeders Association running the Central Equine database

RASFF Rapid Alert System for Food and Feed

RVI(s) Voivodship (Regional) Veterinary Inspectorate(s)

RVL(s) Regional Veterinary Laboratory(ies)SPIWET Data management system for checklists

Page 5: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

IV

Abbreviation Explanation

TRACES Trade Control and Expert System

VI Veterinary Inspection

Page 6: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

1

1 INTRODUCTION

The audit took place in the Poland from 12 to 22 November 2019. The audit team comprised two auditors from Directorate-General for Health and Food Safety of the European Commission (DG Health and Food Safety), and was accompanied throughout the audit by at least one representative of the central competent authority (CCA) - the Veterinary Inspection (VI). In addition, the availability of representatives of other (district or regional) competent authorities (CAs) involved in the control systems was ensured during the relevant parts of the audit.

An opening meeting was held on 12 November 2019 with the CCA in Warsaw. At this meeting, the audit team confirmed the objectives of, and itinerary for, the audit, and additional information required for the satisfactory completion of the audit was requested.

2 OBJECTIVES AND SCOPE

The objective of this audit was to evaluate the control system in place governing the production of horse meat(1), including traceability of live animals and products derived therefrom and to assess whether it is compliant with the requirements laid down in European Union (EU) legislation.

In terms of scope, the audit covered the implementation of the official control system covering the production, processing and distribution chain of fresh horse meat, including traceability.

Table 1 below lists the sites visited and the meetings held during the audit.

Table 1

COMPETENT AUTHORITIES

Central 1 Opening and closing meetings.

Regional Met in all establishments visited.

District 1Met in all establishments visited and during a visit to a district office.

FOOD BUSINESS ESTABLISHMENTS

Slaughterhouses 3 Slaughtering multiple species, including horses.

Cutting and meat products plant 1 Stand-alone, using only horse meat.

OTHER LOCATIONS

Central Equine Database 1 Managed by the Polish Breeders Association.

(1) In the context of this series of audits the term "horse meat" means meat from domestic solipeds (i.e. Equus caballus, Equus asinus and their crossbreeds).

Page 7: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

2

Passports Issuing Bodies 2Regional office of Polish Breeders Association andanother issuing body.

Horse holdings 4 Horse dealers, assembly centre and market.

Horse clinic 1 Responsible for horse identification and medical treatments.

Animal by-products (ABP) plants

1Receiving dead horses.

3 LEGAL BASIS

The audit was carried out under the general provisions of EU legislation and, in particular, Article 45 of Regulation (EC) No 882/2004 of the European Parliament and of the Council.

Full legal references are provided in Annex 1. Legal acts quoted in this report refer, where applicable, to the last amended version.

4 BACKGROUND

This was the fourth and last audit of a series carried out by DG Health and Food Safety in 2019, consisting of a total of four audits in selected Member States (MS), namely Ireland, Belgium, Romania and Poland.

Previously, audits on horse identification for the purpose of control of animal diseases (e.g. Infectious Equine Anaemia) were carried out between 2011 and 2016 in three MS (Bulgaria, Romania and United Kingdom), and between 2011 and 2012 five other audits were carried out in order to evaluate the official controls related to slaughter and processing of fresh equine meat in selected MS (Spain, Belgium, Italy, Poland and France). The outcomes of these latter audits were summarised in the overview report (ref. DG(SANCO)/2013-6950) published at:

http://ec.europa.eu/food/audits-analysis/overview_reports/details.cfm?rep_id=52

In 2013, the Food Safety Authority of Ireland discovered a widespread fraud of beef adulterated with horse meat. Tests on some products that were labelled as beef found that they contained up to 100% horse meat. The discovery led to the recall of beef products in supermarkets across Europe and to further investigations leading to prosecutions in several MS.

General information about the horse and horse meat sector in Poland

According to the information available in the national Central Equine Database (CBDK) there are currently 300,000 registered horses. It was indicated by the personnel managing the CBDK, that since 2016 132,000 passports have been issued. According to the information contained in the CBDK only a very small number of horses are excluded as food-producing

Page 8: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

3

animals in their passport, mainly due to late registration (6% on yearly basis) and, in very few cases, also based on the owner's decision.

The Polish Breeders Association (PZHK) estimates that roughly around 1-2% of horses are not yet registered. Additionally, based on the information collected, very few animals are euthanized. Based on the information in the CBDK is estimated that around 35,000 horses are born each year, and that the same amount are slaughtered or die each year, therefore the number of horses in the CBDK has been stable over the last years.

There are 26 establishments involved in horse meat production, the majority of which are also handling other types of meat. There are no dedicated slaughterhouses for equine and, therefore, there is time separation between slaughtering equine and other species such as bovine.

Consumption of horse meat is low in Poland; horse meat is consumed mainly as meat products and the vast volume of the horse meat produced is sent to other MS or to third countries. Poland has notified the Commission services about the presence of equidae living under wild or semi-wild conditions in some natural parks. Besides that, there are generally no issues of abandoned horses in the country.

Table 2: Number of horses slaughtered per year and horse meat production per year (data provided by the CCA)

5 FINDINGS AND CONCLUSIONS

5.1 NATIONAL LEGISLATION AND PROVISIONS

Legal requirements

Article 291 of the Treaty on the Functioning of the European Union.

Article 10 of Regulation (EC) No 853/2004 of the European Parliament and of the Council.

Findings

1. There are a number of national provisions in place regulating, inter alia, the production and placing on the market of horse meat and meat products, the registration and approval of establishments producing horse meat and meat products and the manner in

Year No. of horses slaughtered in Poland Horse meat (in tonnes)

2016 27,616 9,415

2017 25,873 8,732

2018 23,719 8,195

Total 77,208 26,343

Page 9: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

4

which the VI must carry out official controls in this area (e.g. transposing/implementing provisions, enforcement measures, instructions, guidelines and procedures for official controls, etc.). Certain provisions also define the requirements for horse identification and registration.

2. The main national legislation concerning the scope of this audit is:

a. Act of 2 April 2004 on the animal identification and registration system (Journal of Laws 2019, item 1149, consolidated text), hereafter the Act;

b. Regulation of the Minister for Agriculture and Rural Development of 28 April 2004 on the detailed veterinary requirements for the import and movement of equine animals (Journal of Laws 2004, No 100, item 1020);

c. Regulation of the Minister for Agriculture and Rural Development of 9 December 2016 on the supervision of the identification and registration of animals, cooperation between the Veterinary Inspection bodies, the Agency for Restructuring and Modernisation of Agriculture and entities keeping registers of equidae, and on amendments to the register of tagged livestock, registers of equidae and the central database of equidae (Journal of Laws 2016, item 2136);

d. Regulation of the Minister for Agriculture and Rural Development of 16 March 2011 on the manner of identification of the Trakehner horse breed (Journal of Laws 2011, No 72, item 387).

3. In addition, several guidelines are available for official staff, which provide detailed instructions concerning identification and registration of equidae, animal welfare, official controls for horses destined for slaughter as part of intra-Union trade and official controls on entities involved in animal trading and brokering.

4. There are no additional legal texts specifically for official controls in the area of horse meat and traceability; the general legislation applies.

5. Poland has adopted national legislation regarding the implementation of Article 10 of Regulation (EC) No 853/2004 for the production of horse meat and products derived therefrom. This Article allows MS to adapt some of the requirements laid down in Annex III to this Regulation when specific conditions are met. These rules which have been adopted in Poland governing, amongst other things, the production of horse meat and products of animal origin made from horse meat were introduced by Regulations of the Minister for Agriculture and Rural Development which are:

a. Regulation of 19 May 2010 on certain veterinary requirements applicable to the production of products of animal origin in slaughterhouses with low capacity (Journal of Laws No 98, item 630) and

b. Regulation of 19 May 2010 on certain veterinary requirements applicable to the production of products of animal origin in specified establishments with low capacity (Journal of Laws No 98, item 629).

Page 10: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

5

6. The first Regulation lays down measures transposing EU rules on the design and layout of slaughterhouses with low production capacity and the equipment that can be used in them into national law. The Regulation also includes the possibility of slaughtering horses in slaughterhouses with low production capacity, i.e. up to 20 horses aged over 3 months per week and up to 1 000 per year (the Regulation lays down slaughter limits for livestock units, 1 horse aged over 3 months being 1 livestock unit). The second Regulation lays down certain veterinary requirements applicable to the design and layout of establishments with low production capacity producing products of animal origin which cut meat and produce minced meat or meat preparations, and the equipment that can be used in them. Horse meat production may also take place in these establishments. Despite the adoption of national implementing legislation, none of the food business operators (FBOs) had decided to apply these rules to horse meat.

Conclusions on national legislation and provisions

7. National legislation has been adopted in order to transpose/implement and allow enforcement of the EU Directives and Regulations relevant to the areas covered by this audit.

5.2 COMPETENT AUTHORITIES

Legal requirements

Articles 4, 5 and 6 of Regulation (EC) No 882/2004.

Findings

8. Detailed information on the structure and organisation of the Polish competent authorities can be found in the country profile for Poland published at:

http://ec.europa.eu/food/audits-analysis/country_profiles/details.cfm?co_id=PL

Competent authorities

9. The VI is the CCA responsible for the official controls and supervision of the areas covered by the audit.

10. The Voivodship (Regional) Veterinary Inspectorates (RVIs) are responsible for performing controls over districts. The RVIs have a coordinating role in their respective regions, they pass information from central to the district level and also carry out controls in the context of the prudent use of veterinary medicines.

11. The Powiat (District) Veterinary Inspectorates (DVIs) carry out most of the official tasks, including establishment approval. The DVIs visited, and their staff met during the audit, had access to adequate facilities and the necessary means were available for the effective performance of their tasks, including transponder readers and access to the

Page 11: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

6

CBDK. They have legal powers to perform official controls, with access to premises and documentation related to horse meat and horse identification, and to take action if non-conformities are identified.

PZHK

12. The PZHK runs the CBDK and is also in charge of the identification of the majority of horses in Poland (98%). In addition to its main office, the PZHK has 16 regional offices, where horse owners can request the identification of their animals. The PZHK has operated since 1982 on the basis of the Farmers Socio-Occupational Associations Act. It has been assigned by the Ministry of Agriculture and Rural Development (MARD) with the mandate to maintain the CBDK in accordance with Article 4(1)(d) of Regulation (EU) No 2015/262, and in that respect it reports to MARD. The PZHK is supervised by the MARD and the General Veterinary Inspectorate (GVI) in terms of identification checks. Half of the CBDK’s budget comes from the MARD whereas the other half is covered by registration fees.

Passport issuing bodies

13. Nationally, apart from the PZHK, there are four additional passport issuing bodies that also perform horse identification and registration of horses of specific breeding lines and therefore also act as studbooks. These bodies are obliged to notify the CBDK for any changes regarding the horses in their registries.

Coordination and collaboration between CAs and passport issuing bodies

14. There is communication between the CBDK and GVI in cases of issues identified during the registration of horses. The cooperation between the different players involved is adequate, although the efficiency and reliability of the system could be improved if issues identified at different levels are transmitted among the different actors involved, especially with regard to keeping the CBDK up to date and the veracity of information kept therein.

Authorised Veterinarians (AVs)

15. The Powiat (District) Veterinary Officers (DVOs) authorise private veterinary practitioners to carry out official tasks, such as ante-mortem and post-mortem inspections (AMI and PMI), sampling, and the supervision of certain types of establishments. The large majority of official controls are performed by the AVs who are supervised by the staff of the DVI. In order to be appointed by the DVO, AVs must be free from any conflict of interest related to their tasks. AVs are not authorised to take administrative or legal action in cases of non-compliance, but they must duly notify the official veterinarian (OV) so that further action can be taken. AVs also have access to the CBDK so that they can carry out the relevant tasks.

Page 12: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

7

Enforcement

16. When non-compliances are detected during an inspection relating to the animal identification and registration system, DVOs may impose fines, as stipulated in the criminal law provisions of the Act. They may also issue a decision ordering the elimination of shortcomings detected, within a specified time limit, where possible. They can also issue a decision that changes the status of an equine animal to “suspended”, after sending a request to the CBDK, while carrying out an investigation.

Table 3: Summary of non-compliances identified in 2018 and 2019* during official controls on horse identification/registration and welfare.

*until the time of the audit

17. In cases of non-compliances relating to the food law, measures can also incorporate the confiscation of horse carcases and the banning of activities, including the removal of official approval of an establishment. Animal welfare issues also fall under the responsibility of the DVIs to take the necessary enforcement measures, including seizure of carcasses.

18. In terms of identification and registration controls of equidae, the most frequent non-compliances identified concern the change of ownership of an animal. This is not always duly communicated, within the required seven days by both the new and the previous owner, to the relevant passport issuing body for registration. It was indicated by the CBDK that there are around 55,000 cases of change of ownership per year.

19. Other issues identified concerned the improper keeping of relevant documentation (2) at holdings, the reliability of information contained in the Food Chain Information (FCI) as well as sporadic issues with transponders or the passports of horses sent for slaughter (e.g. not readable transponder, horse with a duplicate passport sent for slaughter although not eligible, etc.).

(2) In their response to the draft report the CA noted that the documentation required to be kept at holdings is pursuant to the Regulation of the Minister for Agriculture and Rural Development on specific veterinary requirements applicable to activities linked to the trade in animals, related brokering activities or the purchase of animals.

Identification and registration controls of equidae

Number of controls in 2018

Non-compliances observed in 2018

Number of controls in 2019*

Non-compliances observed in 2019*

581 96 389 43

Equidae animal welfare controls

Number of controls in 2018

Non-compliances observed in 2018

Number of controls in 2019*

Non-compliances observed in 2019*

2,221 240 1,206 137

Page 13: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

8

Supervision of activities

20. In accordance with the established audit programme, in 2017 the CCA carried out audits, in six different regions, on official controls regarding animal welfare during transport, including horses. These audits included verification at assembly centres, during commercial transport, at horse dealers’ premises and at slaughterhouse level. During these audits, some non-compliances, concerning the official controls on animal welfare of horses, were noted.

21. Additionally, in 2017 and 2018 the GVI Control Office carried out two planned inspections in two regions in the field of identification and registration of equidae. The scope of these inspections was to evaluate the coordination and control of the RVI over the correct implementation of supervision in the field of registration and identification of equidae, as well as over the supervision of the DVIs regarding the identification of horses destined for slaughter, including verification of the control findings in the passport issuing bodies in the respective regions (regional offices of PZHK).

22. Some of the main issues identified were:

the information contained in the CBDK was not always up to date and complete, which could have hindered the correct verification of equidae identification at the admission stage for slaughter (see paragraph 23);

it was noted that one regional office of PZHK did not take action when previous owners omitted to communicate the statutory, mandatory change of ownership;

in one slaughterhouse, it was found that the FBO did not fully verify the identification of horses accepted for slaughter.

23. It was explained to the audit team by the CCA that, in relation to the non-compliances identified during these audits, the audited RVIs have implemented corrective actions to address the recommendations of the audits. However, during the audit, the audit team was informed by an AV in a slaughterhouse and the head of regional PZHK office visited, that there is still an issue regarding keeping the database up to date. There is a gap of few days between the time that new information is introduced into the database and that of the update of the interface that is available to the users (the update of the CBDK interface that is available to users is not in real time as it is only updated twice per week).

24. A national law, in place since 2009, provides enhanced powers of oversight overseeing powers to VI on horse identification; in particular, it gives RVIs the right to control organisations managing registers of equidae but, to date, such controls have been very limited and have mainly covered the regional offices of PZHK.

Conclusions on competent authorities

25. CAs are designated for the performance of official controls for the different sectors

Page 14: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

9

5.3 HOLDINGS/KEEPERS REGISTRATION AND FOOD BUSINESS ESTABLISHMENTS APPROVAL

Legal requirements

Article 6 of Regulation (EC) No 852/2004 of the European Parliament and of the Council, Article 4 of Regulation (EC) No 853/2004, Article 3 of Regulation (EC) No 854/2004 of the European Parliament and of the Council and Article 31 of Regulation (EC) No 882/2004.

Article 3 of Council Directive 90/425/EEC and Article 9 of Council Directive 96/23/EC.

Findings

Holdings/keepers registration

29. Pursuant to the Act of 11 March 2004 on the protection of animal health and control of infectious animal diseases (Journal of Laws 2018, item 1967, as amended), the keeping of animals, including horses, for the purpose of placing them, or products derived from them, on the market is a supervised activity and is, in principle, subject to registration with the DVO responsible for the place where this activity is conducted. In general, keepers of horses are only assigned a holding number if they also keep animals of species for which such a registration is required by the Agency for Restructuring and Modernisation of Agriculture. Holdings trading in horses are registered by the DVO without receiving a number. Premises where horses are kept on a temporary basis (e.g. sporting/cultural events, horse trainers etc.) are exempt from registration requirements.

30. Therefore, horse dealers, with or without holdings who supply equidae to slaughterhouses, need to be registered. The same applies for livestock markets and assembly centres that supply equidae to slaughterhouses. These horse dealers, livestock markets and assembly centres receive a registration number for their activity and are

covered by the audit and they have the necessary powers to carry out their duties and to enforce the legal requirements.

26. MARD has the overall responsibility for the identification of horses, which is largely delegated to private organisations. These bodies, which are under the supervision of the CAs, must inform the CCA of any issues related to the performance of the delegated tasks.

27. The system in place requires the different CAs involved to coordinate and exchange information, in order to provide assurances that accurate information is available, in particular when horses enter the food chain.

28. Measures for enforcing the legislation are in place and can be exercised when necessary. Supervision activities (including audits) are also performed and cover aspects related to both the identification and registration of horses in which the regional offices of PZHK are also involved, as well as animal welfare.

Page 15: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

10

obliged to keep an updated register of incoming and outgoing horses. There are currently 170 horse dealers, 83 livestock markets and 11 assembly centres registered.

31. Horses destined for slaughter in other MS can stay at an assembly centre for a period up to 6 days from the day that they left the holding of origin. Horses entering Poland that are destined for slaughter are either sent directly to slaughterhouses (and must be slaughtered as soon as possible) or can be kept for up to 3-5 days at an assembly centre. In all other cases (registered or horses for breeding) there are no requirements regarding the duration for which they can be kept at the assembly centre, either before being sent to another MS or upon their arrival in Poland.

Food business establishments approval

32. Establishments producing food of animal origin, including establishments producing horse meat and products derived therefrom, are identified on the basis of their veterinary approval number that is assigned by the relevant DVO at the time of approval.

33. Approval procedures for operators intending to conduct activities involving animal production have been laid down in Articles 19-21 of the Act of 16 December 2005 on products of animal origin. Under these provisions, prior to applying for a permit for the construction or overhauling of an establishment, operators intending to conduct activities involving animal production are obliged to draw up a technological design for the planned establishment and to send it (together with the application for its approval) to the DVO responsible for the district in which the operator intends to conduct its business.

34. If the application satisfies the requirements laid down in the relevant regulation, the DVO approves the technological design by issuing an administrative decision. Following that, 30 days before the establishment concerned begins to operate, the operator is obliged to submit an application for approval of the establishment to the DVO. After receiving a completed application, the relevant DVO registers the application and carries out a verification on site within 30 days, recording the findings in a checklist using a data management system called SPIWET, and either:

a) conditionally approves the establishment only if it meets all the requirements relating to the infrastructure and equipment, and if the relevant food safety procedures are being developed or implemented at that point. The DVO may renew the conditional approval by issuing another administrative decision until all requirements are met, however the period for which conditional approval is granted may not exceed six months in total;

b) approves the establishment for a particular type of activity only when the FBO concerned has demonstrated that it meets all the relevant requirements of the food safety law and that it has developed and implemented the relevant procedures including the Good Manufacturing Practice, the Good Hygienic Practice and the Hazard Analysis and Critical Control Points (HACCP)-based programme.

Page 16: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

11

35. The list of approved establishments is made available to the public on the website of the GVI. DVOs are responsible for updating the information on this list. If an establishment’s activity has been suspended or if an establishment has been conditionally approved, this is marked on the list using the colour red or green respectively, together with the date of the suspension or the date of validity of the conditional approval. The link to the register of establishments is as follows: https://www.wetgiw.gov.pl/handel-eksport-import/zywnosc-pochodzenia-zwierzecego.

36. In the meat product/cutting plan visited, the audit team confirmed that the approval procedure was followed as described above.

5.4 ORGANISATION AND IMPLEMENTATION OF OFFICIAL CONTROLS

Legal requirements

Articles 3, 8, 9, 54 and 55 of Regulation (EC) No 882/2004, Article 17 and 18 of Regulation (EC) No 178/2002 of the European Parliament and of the Council, Articles 4 and 5 of Regulation (EC) No 854/2004 and Article 1 of Commission Regulation (EC) No 2073/2005.

Articles 11 and 12 of Regulation (EC) No 882/2004 and Chapter II of Commission Implementing Regulation (EU) 2015/1375.

Articles 3, 4, 7-9, 11 and 17 of Council Directive 2009/156/EC and Article 3 of Regulation (EU) No 2015/262.

Articles 10-13, 15-18 and Chapter V of Directive 96/23/EC, Title VI of Directive 2001/82/EC of the European Parliament and of the Council and Articles 8-10 of Council Directive 96/22/EC.

Article 4, Chapter III of Title II and Chapter I of Title III of Regulation (EC) No 1069/2009 of the European Parliament and of the Council (Animal by-products Regulation).

Conclusions on holdings/keepers registration and food business establishments approval

37. Procedures are in place for the registration of holdings and of keepers of equine animals for cases where these animals are destined for slaughter. Consequently, keepers of equine animals which are not destined for slaughter are not a priority for official controls and are inspected mainly if issues arise.

38. Procedures for the approval and suspension/withdrawal of approval of horse meat producing establishments are in place, in line with EU legislation and properly implemented.

Page 17: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

12

Findings

Official controls on horse identification and movements of animals

5.4.1.1 Identification document

39. The MARD has the overall responsibility for the identification of horses, which has been delegated to the PZHK and to four other passport issuing bodies. The procedure for horse identification is laid down in Chapter 3 of the Act. Based on the procedure laid down in Chapter 3 the application for issuance of the identification document should be submitted within three months after the birth of the horse.

40. Article 13 point 3 of the Act states that the CBDK should contain information regarding the owner of the equidae and not the keeper. This is not in line with EU law. For change of ownership it is necessary that both the old and the new owner sign a document, which needs to be verified by the regional office of PZHK for approval, along with payment of the relevant fee (according to the Act the change of ownership needs to be notified to the passport issuing body within seven days). The audit team was informed by CBDK that not all changes of ownership are systematically notified and that some additional delays occur.

41. Checks on the identification and registration of horses are carried out by the DVOs responsible for the area in which the holding is located. These checks of equidae on holdings take the form of spot checks and follow existing guidelines. Should horses be present at a holding where checks relating to the identification and registration system are carried out for other animal species, it is recommended that such checks also be carried out in respect of equidae. Official staff supervising places where animals are bought and sold (i.e. livestock markets) or animal assembly centres, dealers’ premises and slaughterhouses, also perform controls regarding horse identification and registration based on the existing guidelines.

42. A protocol for control activities on the identification and registration of equidae is prepared in the form of a SPIWET checklist. During the checks referred to above, official staff in each district check whether:

a) each animal has been correctly identified, i.e. has a transponder (in cases of horses born after 1 July 2009) and an identification document;

b) the transponder number on the identification document corresponds to the number of the transponder in the animal;

c) the description of the animal on the identification document matches the appearance of the animal;

d) the information in the CBDK tallies with the information on the identification document.

43. The pages of passports that are issued by PZHK are pre-printed by the central office and allocated to the regional offices. A number of security features are also incorporated in these passports ensuring that they cannot be easily tampered with (watermark, passport

Page 18: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

13

number printed on all the numbered pages and bound with metal rings). In the regional offices, the pre-printed pages are filled in with the necessary information and the passport is put together. Horse markings are both introduced in the outline diagram and are also mentioned in writing in the passport. With regard to horse passports that are issued by the other passport issuing bodies, the CA has approved the content of the passports, however, the passport issuing bodies can decide on the design and security features.

44. As explained by CBDK and witnessed by the audit team the endeavour is to have both the horse identified and its passport issued within the same year that the horse is born. Apart from the Trakehner horses, all horses should have a transponder implanted before they are one year old or before leaving the holding where they were born. In the passports encountered by the audit team, it was confirmed that those horses were correctly identified within the deadline.

Exclusion of horses as food producing animals occurs in the following situations:

45. A horse shall be deemed to be intended for slaughter for human consumption except where it is irreversibly declared as not so intended in Part II of Section III of the identification document issued in accordance with Regulations (EU) 2015/262(3) by:

the signature of the owner, at their own discretion, endorsed by the passport issuing body; or

the signatures of the keeper and of the responsible private veterinarian; the entry made by the passport issuing body when issuing a duplicate or a

replacement identification document.

46. The CCA also explained that under certain conditions horses with duplicate passports can enter the food chain after a suspension of six months if the requirements stipulated in Article 31 of Regulation (EU) No 2015/262 are met to the satisfaction of the DVO. The audit team was presented with two such cases and the procedure that had been followed was correct. Horses with replacement passports are, by contrast, definitively excluded from the food chain; this is ensured by the fact that the regional PZHK fills in the relevant section of the passport excluding the horse, when issuing such passports.

5.4.1.2 Identification verification (transponder)

47. Since 1 July 2009, all horses must be identified with a transponder. Transponders are required as a link between the equine and its passport and, in the case of PZHK, are sourced directly by an importer after a relevant tender, following which the specific batches of transponders are allocated to the different PZHK regional offices. Each office retains a record of the persons/identifiers to whom a specific batch of transponders was allocated to, therefore reconciliation of the number of transponders used is possible.

(3) For equidae with identification documents issued in accordance with Regulation (EC) 504/2008 (no longer in force) by signing Part II of Section IX.

Page 19: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

14

48. The procedure for the identification of a horse is as follows:

the owner submits an application to the regional official of the PZHK; the appointed identifier (with at least a level of secondary education as required

by the Act) implants the transponder and collects the relevant data using a specific document. Identifiers are office staff of the regional PZHK offices and the name of the identifier is mentioned in each corresponding passport;

the data is transferred to the CBDK and printed on the pages of the passports provided. The pages are later bound together to form the passport;

both the application and the document filled in during the identification process are kept at the regional PZHK office.

49. In cases of horses identified and registered by the other passport issuing bodies, the implantation of the transponder is carried out by private veterinarians.

50. The CCA has, in accordance with Article 21 of Regulation (EU) No 2015/262, authorised the alternative method of identity verification of around 500 Trakehner horses (DNA markers). The CCA explained that this is allowed because there are complications with the electronic identification of horses belonging to the specific breed. This information was communicated to the European Commission and is publicly available on the relevant website of the European Commission regarding the passport issuing bodies in the different MS (https://ec.europa.eu/food/animals/identification/equine/ms_info_en).

At dealers’ premises, markets and assembly centres

51. As part of their tasks regarding equidae which are brought to livestock markets where animals including horses can be sold/bought, official staff has to verify the identity of the animals and carry out a cross-check with the data in their passports which must accompany the animals. In cases of horses intended for slaughter, they must also check whether a relevant FCI document is also available. Similar controls are carried out in dealers’ premises.

52. At the locations visited (dealer’s premises, livestock market and assembly centre), the general EU requirements in terms of infrastructure were met and non-compliances identified during previous controls were properly followed up and the minimum inspection frequency was respected. In one case, the audit team was able to witness the procedure followed when horses are sent to other MS for slaughter, and that it was in line with the existing guidelines. Official controls cover requirements concerning both animal welfare and horse identification and registration (in conjunction with the information available on the CBDK).

53. In a dealer’s premises visited, the records kept did not reflect the reality, as horses were staying up to several weeks in an assembly centre in a different location and that was not properly recorded. The official controls had not identified this non-compliance.

Page 20: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

15

In slaughterhouses

54. The CAs have imposed controls on animal identification at slaughterhouse level to ensure that only eligible horses are slaughtered. The system seems to work satisfactorily: pre-clearance by FBOs is followed by ante-mortem verification by the official service, in depth 100% verification of the horses (by querying the CBDK) and further checks on the slaughter line (registering the numbers of the transponders).

55. There is a procedure in place, for cases where there are discrepancies between the information contained in the passport and the CBDK, by which the AV can defer slaughter of a horse for 72 hours, during which time the AV requests further clarifications and informs the relevant DVI. The same also applies for any other irregularities identified. Horses entering the premises of a slaughterhouse are not allowed to leave and must either be slaughtered or otherwise euthanized if found to be unfit for human consumption. In cases of horses arriving from other MS destined for slaughter, the official controls only cover the correlation of their identification with the information contained in the passports. There are no cross-checks made of the information in the passport with the database of the MS of origin (4).

56. During the on-site visits, the audit team was able to verify the implementation of the requirements, both with regard to the obligations of the FBO and of the duties of the OVs. Documented evidence was available, confirming that deficiencies are identified and that action is taken, including destruction of carcases with missing identification or for issues related to passports. Treatments were hardly ever recorded in the passports of horses that remain eligible for slaughter.

57. Following the invalidation of passports by slaughterhouse personnel (by either punching or cutting the edge), those are stamped with the date of slaughter, signed by the AV and then returned to the passport issuing body by normal mail (within 30 days after the date of slaughter). Foreign passports are also returned to the passport issuing bodies in the different MS of origin.

58. The OVis required to send information about the horses slaughtered to the DVI by e-mail within seven days following slaughter. The list of slaughtered horses containing all the relevant information is prepared by the FBO, is verified by the AV and is then forwarded to the DVI. The audit team was informed during the visit to one of the DVI that official staff carries out an additional verification on the accuracy of the information therein (i.e. eligibility for slaughter) and then forwards the relevant list to the different passport issuing bodies. The DVI is also instructed to send this information, in addition, to the RVI on a monthly basis and the RVI also forwards it centrally to the GVI.

(4) In the response to the draft report the CA pointed out that the status of horses sent to slaughterhouse in Poland (with health certificate) should be cross-checked for certification in the Central Database by the OV of the country of origin. Mutual trust between MS in health certification and certification of consignments applies. The CVO has also suggested to PZHK to carry out cross-checks in the country of origin on the status of all horses with a foreign identification document registered in the CBDK.

Page 21: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

16

59. A DVI visited decided, having first consulted with the relevant RVI, to proceed in performing additional cross-checks of the transponders (plausibility checks) from slaughtered horses against the CBDK. These increased controls also included a second check of the horse passports. In some cases, certain shortcomings were identified in relation to the update of the CBDK. These discrepancies were communicated to the regional authorities for further action, as well as to the CBDK.

During transport

60. There are no specific identification verification controls during the transport of live horses. Such controls are performed both at holdings (during loading of animals) and, as already mentioned, at slaughterhouses. Vehicles transporting animals need to be licenced and are checked to verify that the relevant requirements during transport are met (i.e. animal welfare and disinfection requirements).

On holdings

61. Official controls on holdings keeping livestock (whether registered or not (5)), with regard to the requirements for animal welfare/animal health, are carried out by DVI on a basis of 5% per year (i.e. 5% of each species), as specified in the relevant manual (6). According to the CCA, such controls also include aspects of horse identification, although this is not explicitly mentioned in the checklist.

62. Official controls of horse tracks or riding schools take place in cases when horses destined for slaughter are to be moved to assembly centres from where they are later dispatched to other MS (see paragraph 79), when horses are dispatched directly to other MS or third country in order to issue the relevant health certificate or when there are complaints.

Animal by-products (ABP) plants

63. Fallen stock is collected by the rendering companies that operate in the country and, in cases of horses belonging to farmers, part of the cost of transport/rendering is covered by the Agency for Restructuring and Modernisation of Agriculture. The owner of the rendering plant visited explained to the audit team that at the time of collection of a dead horse, the horse owner or their representative needs to sign the receipt (a copy of this document is also given to the owner or their representative). The horse passport is handed over to the person responsible for the collection of the animal, who checks that the information in the passport (i.e. that the owner details and general description of the

(5) With regard to horses, the DVI can search in the CBDK for the address provided by the owner during the registration process of the horse. It might be the case that horses are kept elsewhere and not at that specific location, therefore it is necessary to contact the owner to find out where the horse is actually kept.(6) In their response to the draft report the CA noted that official controls carried out on holdings for the purpose of checking compliance with the veterinary requirements are enshrined in the Regulation of the Minister for Agriculture and Rural Development of 18 September 2003 laying down detailed veterinary requirements to be met by holdings when animals or foodstuffs of animal origin originating therefrom are placed on the market (Official Journal 2003/168, item 1648).

Page 22: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

17

horse to be collected) is correct. No simultaneous cross-checks are carried out to verify that the transponder number matches the one in the passport.

64. The ABP plant notifies the DVI of the arrival of fallen animals. It was explained to the audit team by the DVI that if the OV visits a plant as part of other duties, such as sampling in the context of Bovine Spongiform Encephalopathies, he/she will read the transponder and verify the information contained in the passport as part of these tasks. However, since actual records of this are not kept, that could not be ascertained during the audit.

65. The procedure foresees that passports are invalidated, are marked with a note indicating the rendering date of the horse and are sent by post to the nearest PZHK regional office or to the relevant passport issuing body. The transponder is destroyed along with the carcass. There is no requirement, that the ABP plant reads the transponder of the horse rendered to cross-check the information contained in the transponder with the information contained in the passport, nor to keep any records of the transponder numbers destroyed.

66. If the passport is not available then a note is made on the document accompanying the animal, by the person responsible for the collection and the DVI is informed (also in this case there is no reference to the transponder number). It was explained to the audit team by the DVI staff met that, in cases where irregularities are identified, the staff will collect copies of the relevant documents and initiate an investigation if so decided.

67. In the ABP plant visited, the FBO stated that they have never come across cases in which passports were not available at collection, neither have they encountered cases of non-readable or multiple transponders or of horses with faulty identification/wrong passport. However, there was no documented evidence of relevant controls to prove these statements. The OV confirmed that none of the passports presented mentioned any use of veterinary medicines.

5.4.1.3 Database

68. The national legislation foresees that horses are registered in the CBDK by ownership and the information regarding the location (address) is that which is provided by the owner during registration, which might differ from the location where the horse is actually kept.

69. The PZHK stated that CAs from other MS have not been granted access to CBDK. This is contrary to what is required by Article 40(2)(b) of Regulation (EU) No 2015/262. They also noted that they have not received individual requests from other MS concerning data registered in the database.

70. The CBDK contains security controls in order to avoid the re-introduction of a horse that has already been removed from the database. Information about any such attempts is forwarded to the DVI concerned. GVI analyses the data contained in the CBDK and can make certain suggestions that can be taken on board, in the context of good

Page 23: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

18

collaboration. Staff from the regional office of PZHK visited explained that they respond to queries from the CA.

71. The audit team carried out a number of plausibility checks with regard to the adequate updating of the CBDK and, in the majority of the cases, the information in the database was up to date.

72. The audit team identified that one passport issuing body that was responsible for registering racing or competition horses was not correctly communicating the information about the death of registered horses to the CBDK. Additionally, in one of the passports examined that had been issued by this body, it was observed that, although the horse was registered late, it was not excluded from the food chain as required by the Regulation (EU) No 2015/262.

73. By comparing the number of horses declared as dead in the CBDK with that of horses rendered, it is evident that, for a considerable number of horses rendered, the information is not properly communicated to the CBDK (see Table 4) either by the ABP plants or by other passport issuing bodies that might have such information for horses registered by them.

Table 4: Number of dead horses notified per year.

YearNumber of dead

horses reported to the CBDK

Number of dead horses sent to ABP plants (according to the information available to the

CCA)

2016 2,437 4,577

2017 2,282 4,606

2018 2,729 5,651

Total 7,448 14,834

74. The possibility that horse keepers do not comply with the requirements of Article 35(1) of Regulation (EU) No 2015/262 should also be taken into consideration as this could also explain the discrepancy between data in CBDK and the number of rendered horses. During the last three years, according to information provided by the CCA, 14,834 horses have been sent to ABP plants whereas the number of dead horses communicated to the CBDK (either directly or by other passport issuing bodies), for the same period, was 7,448.

5.4.1.4 Movement controls

75. The CBDK records are based on ownership, therefore the information in the database only provides details relating to the information provided by the owner. There is an obligation for owners to notify any change of ownership, and that needs to be registered

Page 24: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

19

by the regional office of PZHK, but there is no requirement to indicate the actual location of where the horse is kept.

Intra-Union movements

76. In the case of holdings or assembly centres from where horses are going to be sent to other MS as part of intra-Union trade, these checks are more thorough and are described below. In these cases, the official controls must be carried out by a district OV who must also prepare and sign the relevant certificates. The audit team was presented with an actual case of how official staff carries out controls on consignments of horses that are destined to be sent for slaughter in other MS and those controls were in line with the procedures in place.

77. The OV responsible for supervising the animal holding or assembly centre in these cases carries out the following activities (FBO must notify the DVI 24 hours in advance of a forthcoming dispatch):

a) cross-checks the data on horses declared for dispatch in the CBDK, in order to establish that the information in the database corresponds with the information provided by the FBO;

b) visits the holding where the horses for dispatch are being kept and carries out a physical check of the identification of each horse declared for dispatch, by verifying that the description, sex and age of the horse in the identification document match with the horse destined for dispatch. If the identification document indicates that the horse is also marked with an electronic transponder, which is the case for horses born after 1 July 2009, the OV verifies that the transponder code recorded matches that of the transponder of the horse concerned;

c) checks whether the animals are healthy (48 hours prior to shipment) and finally issues and signs the relevant health certificate.

78. If the outcome of the horse identification check is compliant, the OV will record this information in the section of the identification document headed “Verification of the identity of the horse described”. With regard to the identification documents of horses intended for slaughter, the OV enters the following information on the first page of the document “Control with a view to dispatch for trading purposes – annotation in the section verification of the identity of the horse described” and signs the identification document. If during such check the OV identifies issues regarding the documentation of a horse or if the document contains information indicating that the horse presented was subject to a treatment, which definitively excludes it from slaughter for human consumption, then such horse will not be dispatched for slaughter.

79. If horses are brought from different holdings to an assembly centre before dispatch, then the OV issues a partial health certificate, which is required when moving horses from a holding to an assembly centre. During unloading, the OV responsible for supervising the assembly centre checks before issuing and signing the health certificate whether :

Page 25: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

20

a) horses are accompanied by such a partial health certificate;b) the number of horses entered on the above health certificate corresponds to the

number on the transport vehicle and matches the number of identification documents accompanying these horses;

c) horses were moved directly from the holding of origin to the assembly centre, checking the date and time of departure from the holding and the distance between the holding of origin and the assembly centre;

d) the description of the horse and the sex and age indicated in the identification document corresponds to those of the animal brought to the assembly centre, and the details of the horse owner provided in the purchasing specification or invoices correspond to the owner named in the identification document. Where an identification document contains information on the identification of a horse using an electronic transponder, the OV checks that the transponder number recorded in the passport is correct.

80. In the case of intra-Union movement, the owner is obliged to notify the CBDK about the details of horses being dispatched and their destination. In relation to horses sent for slaughter to other MS, the CBDK explained that they hardly never receive any information back confirming that the horses have been slaughtered, or any invalidated passports of the horses slaughtered. Therefore, the CBDK contains entries for horses for which there is no confirmation that they have been slaughtered, but only an indication that they have been sent to another MS.

81. Additionally, in relation to the movement of live horses as part of intra-Union trade, DVI carry out physical/identification checks of 5% of the horses for breeding and production arriving into the country from other MS, based on a risk analysis

Conclusions on official controls on horse identification and movements of animals

82. Official controls on identification and movement of equidae cover the main areas and are combined with cross-checks in the CBDK in order to determine validity or accuracy of the information. Issues identified are properly communicated.

83. The data contained in CBDK regarding the registration and identification of horses is updated with information from the passport issuing bodies, slaughterhouses and ABP plants. Even though the database allows for the recording of all the information required under EU rules, the information contained is not sufficiently accurate/reliable, as relevant provisions (notably Articles 28, 34 and 35 of Regulation (EU) No 2015/262) are not consistently adhered to, thus jeopardising official controls. This is particularly the case regarding information concerning dead horses and changes of the status of horses belonging to certain studbooks (i.e. racing or competition horses which are more likely to have been treated with certain substances resulting in their exclusion from the food chain).

84. Contrary to the requirements set out in Article 38 of Regulation (EU) No 2015/262, the information in the CBDK makes reference to the owner and not to the keeper of

Page 26: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

21

the horse. That does not facilitate the official controls since the exact location of where the horses are kept is not known and might differ from the address of the owner. This might also have an effect on the credibility of controls, given that they cannot always be carried out without giving a prior notice or signal, as it might be required to contact the owner in advance to find out where the horse is actually kept.

Official tasks at establishment level

5.4.1.5 Organisation of official controls

85. There is permanent presence of AVs in slaughterhouses. Slaughterhouses are also inspected by the DVIs. The same applies for other types of establishments where both AVs and OVs from the DVIs perform their tasks, based on the existing instructions. OVs perform comprehensive checks, using inter alia the CBDK, following the pre-set frequency and based on the risk category allocated to each establishment.

86. Several instructions, procedures and guidelines have been issued, concerning the performance of official controls by official staff. The completed checklists are annexed to the CVO’s instructions on the inspection methodology and are available on the GVI website together with the instructions.

87. In the food establishments visited, the controls thereof were largely in compliance with EU rules, with some minor issues in some. In the slaughterhouses visited, those issues related mainly to insufficient hygiene during the slaughter process, as well as knife sterilizers not functioning properly. In a meat product establishment, the maximum capacity included in the approval was too high to be able to guarantee the separation of the processes in the time required to overcome the structural limitations of the establishment, in order to avoid cross-contamination of the heat-treated products. These non-compliances had not been identified by the DVIs during their official controls.

88. The audit team saw evidence that the CA had identified certain non-compliances, requested corrective actions within defined deadlines and carried out follow-up verifications, as foreseen by the official procedures.

89. Procedures are in place for the performance of official controls concerning animal welfare, AMI and PMI and Trichinella spp. testing requirements.

5.4.1.6 AMI

90. The official controls, implemented by AVs in relation to AMI of horses, include the verification of the identity of horses presented for slaughter (see also paragraph 54) and examination of the information of the FCI. The AMI was carried out in accordance with the procedures and in line with the legal requirements. Animal welfare requirements are also an area covered during official controls and those requirements were complied with in the slaughterhouses visited, both during unloading of animals and at the lairage.

Page 27: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

22

5.4.1.7 PMI

91. Procedures are in place for cases where two transponders are identified on the same carcass or if the transponder cannot be retrieved post slaughter, including the rejection of certain parts of the carcass. Very few cases of non-compliances are identified and those are properly notified (e.g. horses with duplicate passport sent for slaughter, no transponder identified etc.). Rejection of carcases can also be due to lesions identified during the PMI. Transponders are either collected and sent to the DVI where they are safely kept or are otherwise destroyed at the slaughterhouse, under the responsibility of the AV.

92. If any non-compliances are identified during AMI/PMI then the AV shall inform the DVO. The AV is also obliged to communicate the outcome of their controls, on a weekly basis, to the DVO. Additionally, they prepare monthly reports which are sent to the DVO, summarising the findings of their inspections at the slaughterhouses.

93. The audit team observed that in two out of three slaughterhouses visited that the AV responsible for PMI did not perform a palpation of the kidneys and visual inspection as indicated in Point 8, chapter III, section IV, of Annex I to Regulation (EC) No 854/2004. Kidneys from horses’ carcases were removed and considered as Cat 3 material. AVs performing PMI were aware of the specific requirements for grey horses.

5.4.1.8 Official sampling and analyses

94. Official controls also include sampling and analysis of horse meat for microbiological criteria during slaughter, Trichinella spp., as well as analyses for certain substances in the context of the National Residue Control Plan. Some non-compliances had been identified in relation to the exceedance of cadmium levels in horse meat during the years 2016-2017. These were followed up, but the source of contamination could only be speculated and not confirmed.

95. All equine carcases are examined for Trichinella spp. and a sample must be collected from each carcass and examined, in accordance with Annexes I and III of Regulation (EU) 2015/1375, in a laboratory designated by the CCA. Samples consist of lingual or jaw muscle meat weighing at least 10g. The method used is the magnetic stirrer method for pooled sample digestion.

96. To date, two cases of Trichinella spp. have been detected in horses nationally, one in 2008 and the other in 2010. There was a suspected case in 2016 but numerous tests carried out at the National Veterinary Research Institute (NVRI) did not reveal any Trichinella spp. infestation. The carcass was, nonetheless, declared as infested.

97. In one of the slaughterhouses visited, the CA explained to the audit team the procedure followed regarding the collection of samples, and testing and transmitting the results back to the slaughterhouse. This was found to be satisfactory.

Page 28: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

23

5.4.1.9 Official laboratories

98. The NRVI and the National Reference Laboratories (NRLs), supervised by MARD, are responsible for co-ordinating the activities of the 16 Regional Veterinary Laboratories (RVLs). NRVI and NRLs tasks include: monitoring of certain infectious diseases in animals, monitoring of residues of contaminants in food of animal origin and undesirable substances in feedstuffs; supervision of RVLs; providing technical assistance to the GVI and MARD and scientific and technical assistance to the VI.

99. The RVLs provide services in the areas of protection of animal health, including disease diagnosis, and microbiological, chemical and radiological testing of food of animal origin for human consumption and of animal feedstuffs.

100. Apart from the 16 RVLs, official laboratory analyses can also be carried out, and in accordance with Article 25 of the Act on Veterinary Inspection, by:

the veterinary laboratories, which constitute a part of organisational units of the VI other than those mentioned above; these VI laboratories are all accredited according to EN ISO/IEC 17025;

NRLs, as specified in EU legislation; other laboratories that are approved by the Chief Veterinary Officer (CVO) to

carry out laboratory tests of a given type for the purposes of official controls, and which are obliged to participate in proficiency tests in accordance with the test timetable set out by the NRLs and

laboratories of State-funded research institutes.

101. All laboratories designated for testing horse meat have implemented a management system in accordance with EN ISO/IEC 17025. A list of approved laboratories together with information on their accreditation status is available on the CVO’s website.

102. The CA explained the audit team the arrangements in place for private laboratories that also carry out official tasks, mainly in relation to the testing of horse meat for Trichinella spp. These laboratories are inspected by the DVI and also need to take part in ring tests organised both by the RVL and the NRL. Additionally, the personnel of these private laboratories need to follow a dedicated training programme, which is carried out in two stages and consists of internal training and participation in training, organised by the NRL, for Trichinella spp.

Official controls on FBOs’ obligations

5.4.1.10 Food chain information and verification of identification

103. All horses presented for slaughter must be accompanied by a completed FCI declaration, provided and signed by the last owner. In the three slaughterhouses visited, the FCI was completed and signed by the owner. The audit team noted that the FCI never indicates the use of any medications and there was not always a clear indication if this

Page 29: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

24

information had been requested from the previous owner (this is particularly the case when animals arrive from other MS and are not initially destined for slaughter).

104. The FCI might not be credible in other respects, due to the fact that there is no a priori knowledge as to whether a horse will be slaughtered and, as also indicated by the CA, there is no requirement to keep log-books for medical treatments at the holdings, where all treatments could be recorded. In addition, horses can be slaughtered even when they are quite old, making it difficult to obtain information regarding their treatment records. Furthermore, it was observed by the audit team that frequently horses’ ownership was changed multiple times, within a short period, just prior to slaughter. Therefore, the only trustworthy way to ensure that non-eligible horses are excluded from the food chain because they are receiving a specific treatment with a medicinal product not registered for equidae, is by capturing that information on the passports and by its timely communication to the CBDK.

5.4.1.11 Animal welfare

105. In the slaughterhouses visited, the animal welfare requirements were respected during stunning.

5.4.1.12 General and specific hygiene requirements of establishments

106. The official controls cover the verification of the general and specific hygiene requirements of establishments, and the reports thereof generally reflect the situation seen in the establishments. Most of the deficiencies are noted by the AVs or, during supervisory visits, by the OVs.

5.4.1.13 HACCP-based programmes

107. There are certain requirements for own-checks that are based on HACCP principles and on mandatory notification and traceability in the food chain, through which the FBOs are required to establish and implement HACCP-based programmes. The fulfilment of these requirements is also a part of the official controls carried by the OVs or AVs. The audit team did not verify the HACCP-based programmes in detail during the visits, however the overall situation indicated that own-checks were in place and implemented.

5.4.1.14 Microbiological criteria

108. Testing of samples for microbiological criteria is carried out by both the CA (on a yearly basis) and by the FBOs. In the slaughterhouses visited, the analysis results were satisfactory and therefore the CA had sanctioned for sampling to be carried out with a reduced frequency (every two weeks).

5.4.1.15 Traceability, health and identification marking

109. There are requirements for own-checks, based on HACCP principles and on mandatory notification and traceability in the food chain, which require FBOs to establish and implement traceability systems.

Page 30: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

25

110. The official controls include the verification of labelling and traceability of all meats. The audit team examined documents accompanying horse meat that was destined for processing and there was a clear indication on these documents about what type of meat it was.

111. Carcases, or parts therefrom, may not leave the premises before the result of the Trichinella spp. examination is found to be negative. Similarly, other parts of an animal intended for human or animal consumption, which contain striated muscle tissue, may not leave the premises before the result of the Trichinella spp. examination is found to be negative.

112. The health mark may be applied after negative results are obtained in Trichinella spp. testing, unless the DVO approves a procedure ensuring that carcases or parts therefrom, do not leave the establishment.

Official controls on import and trade of live horses, horse meat and products derived therefrom

5.4.1.16 Live horses

113. The CCA stated that there are no imports from third countries of live horses, destined for slaughter, either directly or via an assembly centre. By contrast, Poland does receive horses for slaughter from other MS, and these are slaughtered mainly in one slaughterhouse. The CCA also provided data concerning the horses sent to other MS and to third countries (see Tables 5 and 6). The majority of horses sent to other MS were destined for slaughter.

114. The audit team examined the passports of an incoming consignment, which included horses from five other MS. None of the passports examined contained any record of medical treatments, and none of the horses were excluded from food chain. The CAs carry out official controls within the limitations of the existing legislation (i.e. inaccessibility to the equine databases of other MS from where horses are sent to Poland for slaughter).

115. A number of registered horses are imported from third countries, or arrive, from other MS and these must be registered in the CBDK. The CBDK explained that less than 50% of owners of horses with foreign passports actually register their horses in the database. In relation to horses entering the country from other MS or third counties, the PZHK application form does not make any reference to the Trade Control and Expert System (TRACES) document accompanying the horses nor to the exact day of entry, which makes it impossible to ensure that these horses are registered within the required 90 days.

Page 31: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

26

Table 5: Intra-Union trade in horses for slaughter.

Year Number of horses from other MS destined for Poland

Number of horses from Poland destined for other MS

2016 1,397 11,845

2017 732 8,205

2018 901 5,789

2019 780* 4,777*

Total 3,030 25,839*up to the time of the audit

Table 6: Horses for breeding and production (exports-imports).

Year From Poland to other MS

From other MS to Poland

Exported to third countries

Number of horses to Poland from third

countries (7)

2016 1,306 2,126 Not available 70

2017 943 2,628 544 51

2018 1,236 3,479 611 67

Total 3,485 8,233 1,155 188

116. Procedures and veterinary conditions for the export of animals to third countries are stipulated in bilateral agreements or memorandums, which take into consideration: domestic regulations, regulations of the importing country, recommendations of the Terrestrial Animal Health Code and other international agreements.

117. Controls are carried out by OVs on all horses that are being shipped for export to third countries, in order to ensure compliance with bilaterally agreed procedures and veterinary requirements and so that the relevant health certificate can be issued when all required conditions have been fulfilled.

118. During a visit to a horse dealer, it was brought to the attention of the audit team that it is a practice also in Poland to initially declare horses, arriving into the country from other MS, as breeding/production horses, in order to gain more time before a decision on destination or further use has to be taken.

(7) Source TRACES

Page 32: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

27

5.4.1.17 Horse meat/horse products derived therefrom

119. The CCA stated that there were no imports of horse meat and products derived therefrom from third countries.

Official controls on production, import and trade of animal by-products consisting of or containing horse materials

120. Official controls on production, import and trade of ABPs consisting of or containing horse materials are performed in the same way as for other ABPs. ABPs containing horse materials originate from other MS or are imported from third countries.

Table 7: ABP containing horse material produced and imported in Poland (in tonnes)

Official controls on distribution and use of veterinary medicinal products

121. The supervision of the marketing of veterinary medicines and the quantities used is the responsibility of the CVO and the RVIs. The latter, assisted by the regional inspectors for veterinary pharmaceutical supervision, implement an annual control plan for veterinary clinics using veterinary medicines, as well as for wholesalers.

122. Some of the main areas assessed during those controls are: the correct use of veterinary medicines (i.e. dosage and quantity of veterinary medicines used); the conditions for their storage and their shelf life; and, the keeping of veterinary medical documentation and records on the treatment of animals and the veterinary medicines used. Every veterinarian providing treatment must document the administration of veterinary medicines to animals and this documentation must be kept by the veterinary clinic for a period of five years.

123. Prior to treatment with a medicinal product that is not registered for equine animals nor registered for the treatment of a different condition, or a treatment with a medicinal product containing pharmacological active substances that are not included in Annex I of Regulation (EU) No 37/2010 the veterinarian providing the treatment must ensure that such animals are irreversibly classified as not intended for slaughter for human consumption. This is done by completing and signing the relevant part (8) in the horse

(8) Part II of Section II of the identification document issued in accordance with Regulation (EU) No 2015/262 or Part II of Section IX of the identification document issued in accordance with Regulation (EC) No 504/2008 (no longer in force).

Year Production in Poland

Imports from third countries Import from MS Total

amount

2016 3,926.404 47.988 625.814 4,600.206

2017 4,369.714 72.554 532.73 4,974.998

2018 4,552.166 413.559 512.192 5,477.917

Page 33: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

28

passport and invalidating (by, for instance, crossing out, signing and stamping) the next section (9).

124. In the case of a treatment resulting in exclusion of the horse from the food chain, the keeper must within 14 days submit that information to the CBDK. However, it is recommended that veterinarians providing treatment with the medicinal products referred to in Article 10(2) of Council Directive 2001/82/EC, also send information to the PZHK on the use of a treatment excluding an animal from the food chain so that this information can be entered in the CBDK, irrespective of whether or not it is recorded on the identification document.

125. Where an equine animal must be treated with a medicinal product containing essential substance(s) listed in the Annex of Regulation (EC) No 1950/2006, the veterinarian includes in the section of concerning treatments on the relevant part of the passport, the requisite details of the medicinal product containing these substances, as well as the date of the last administration of the medicinal product and informs the keeper of the date of when the withdrawal period will lapse.

126. In a horse clinic visited, the audit team saw examples of documentation describing all the medications received by horses admitted to the clinic, which also included a notation that due to administering some of those medications some horses were excluded from the food chain. The horse clinic representatives explained to the audit team that the person who admits the horse to the clinic, in order to ensure that he/she is aware of this fact, is asked to also sign this document.

127. During the visit to the horse clinic, the audit team also collected information that almost every serious treatment of horses performed due to the absence of specific medication destined for horses, results in the exclusion of these horses from the food chain. Typically, that information is introduced in the passport, if the passport is available, or if this is not possible then that is communicated in a documented way to the owner who then has the responsibility to sign the passport and inform the CBDK about the exclusion of the horse from the food chain.

128. The audit team checked over 100 passports at the different locations visited (i.e. slaughterhouses, horse dealer, assembly centres). With very few exceptions, no medical treatments were recorded, even when horses were more than ten years old. In the audit team's view, this near-absence of records appears very unrealistic, even if the EU legislation requires that only certain veterinary medications must be recorded in the passport. The CA acknowledged the finding.

129. In a case of non-permitted treatments, the exclusion of the animal from the food chain should be recorded and the information transmitted to the relevant authorities and/or passport issuing body in order to update their database. The CBDK stated that this is

(9)Part III of Section II of the identification document issued in accordance with Regulation (EU) No 2015/262 or Part III of Section IX of the identification document issued in accordance with Regulation (EC) No 504/2008 (no longer in force).

Page 34: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

29

hardly ever done, neither by the owner nor the veterinarian and indicated that, based on their data, the main reason for the exclusion of horses from the food chain, is because of late registration or of the need to issue a duplicate or replacement passport.

130. The audit team was informed by the CAs that, so far, treatments given to horses were not explicitly targeted during the RVI controls. To date, there is no cross-reference to verify that the treatments indicated in the records kept by the clinics were transferred when required to the passports and if this is communicated to the CBDK in cases where the treatment would exclude the horse from the food chain. Additionally, it was explained that the RVI do carry out inspections in holdings, during which the treatments records are checked but that those controls focus only on poultry, pigs and cattle.

131. Additionally, the audit team requested data from the CCA about the total amount of phenylbutazone (10) used on an annual basis. At present, three veterinary medicinal products for horses that contain this active substance are authorised for use in horses and the volume imported into the country was, for the years 2017, 2018 and 2019 (first three quarters) 122.8kg, 2,514.9kg and 2,147.1kg respectively (11). These amounts cannot be justified when compared to the number of horses excluded from the food chain, which as explained is relatively low (6% on a yearly basis) and mainly because of late registration. The number of horses excluded based on the information in the CBDK was 2,629, 2,532 and 2,289 for 2016, 2017 and 2018 respectively.

Conclusions on organisation and implementation of official controls

132. The official controls over production of horse meat are organised on a risk basis, and implemented using comprehensive documented procedures and guidance, and cover relevant aspects of the national and EU legislation. The controls are, overall, in line with EU rules, with the exception of an issue concerning PMI of offal. The procedure for sampling, testing and the release of horse carcases with regard to Trichinella spp. requirements, is satisfactory and adequately followed.

133. During official controls in slaughterhouses, the CA carries out the verification of the eligibility of horses for slaughter for human consumption in a meticulous way, allowing for the detection of non-compliances. The system provides assurances that only horses with the correct identification and clearance for slaughter enter the food chain. The absence of any records of medicinal treatments in the passports coupled with, on the one hand, the lack of awareness of what constitutes essential medicinal substances for horses and the conditions associated with their use and, on the other, the ineffective controls in this area, imply that the residue status of the horses

(10) Phenylbutazone use is permitted in veterinary medicine in some MS for pain relief and to reduce inflammation in non-food producing animals (dogs, sport horses). Phenylbutazone is not permitted to be used in the treatment of animals destined for the human food chain and any presence of the substance in food of animal origin therefore results from the illegal use of carcases of treated horses.(11) Volumes only concern phenylbutazone mixtures for per os administration specifically for horses and not any other forms (i.e. injectable).

Page 35: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

30

presented for slaughter (and therefore, their eligibility) cannot be reliably ascertained.

134. The official control system in place also includes taking official samples for microbiological and specific residues analyses, in order to verify how the FBOs can guarantee the safety of horse meat. The results are satisfactory overall.

135. Official controls for the verification of FBOs' compliance with the relevant EU requirements (including FCI, hygiene, HACCP-based programmes, own-check sampling, animal welfare, traceability, labelling, identification marking, etc.) in horse meat establishments are in place and, in general, provide assurances that the requirements applicable to establishments are enforced. In contrast, the reliability of the FCI cannot be properly verified, and its veracity is not challenged.

136. The microbiological testing of carcases, in the framework of FBOs’ own-checks, is in line with the requirements of Regulation (EC) No 2073/2005. Given that no live horses, destined for slaughter, nor horse meat, are imported from third countries, there is currently no need for official controls in that area. Such controls, therefore, focus on the intra-Union trade of live animals, which, due to its complexity, requires particular attention by the CA.

137. The official controls pay limited attention to the veracity of the information in passports concerning medical treatments. This diminishes the effect of the otherwise robust controls in the slaughterhouses.

5.5 RAPID ALERT SYSTEM FOR FOOD AND FEED (RASFF)

Legal requirements

Article 50 of Regulation (EC) No 178/2002 and Commission Regulation (EU) No 16/2011.

Findings

138. The national contact point for the RASFF is in the Chief Sanitary Inspectorate, while the national contact sub-point, which is notified in cases of feed and food of animal origin related notifications, is the Food Safety Office in the GVI. During the years 2017, 2018 and 2019 there were two information notifications notified in the RASFF system concerning horse meat with Poland as the country of origin.

139. The audit team requested additional information on the two RASFF notifications related to horse meat. The first concerned a notification, submitted by Poland, for horse meat, delivered to another MS, that originated from horses that had been declared unfit for human consumption. The second was a notification for the presence of non-steroidal anti-inflammatory drug (diclofenac) in horse meat that exceeded the legal limits. In both cases, the CCA took adequate follow-up actions and carried out investigations so as to determine the cause.

Page 36: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

31

140. The first notification was triggered by a cross-check in the CBDK, carried out by the relevant DVI, of the status of the horses in question. The check revealed that these horses had been dispatched from another MS to a farm (horse dealer) in Poland and although they were classified as not fit for slaughter for human consumption (declaration in the CBDK) they were eventually slaughtered by an operator within Poland.

141. In light of the above, the following measures were taken: an alert was generated in the RASFF system after the inspection activities had been carried out, the recipient of the goods was informed of the need to dispose of the meat concerned, the AV at the slaughterhouse was removed from official duties and an administrative penalty was imposed at the implicated slaughterhouse in addition to imposing stricter measures for accepting equidae for slaughter.

142. In relation to the horse dealer, the CA initiated an investigation of an offence but the case was later discontinued in the absence of sufficient evidence. Additionally, further training of veterinarians appointed by the DVO to supervise slaughter of horses, particularly pertaining to the provisions on the control and verification of the identity of equidae, was carried out.

143. In the second case, an investigation was carried out in order to define whether the specific horse from which the sample was taken after slaughter had been treated. The supplier, the previous owner and the private veterinarian taking care of the animal were all questioned, but it was not possible to justify the presence of diclofenac in the meat of the specific horse. The passport accompanying the animal did not contain any information about such a treatment, nor did the documents kept by the veterinarian.

Conclusions on RASFF

144. The system for follow-up of RASFF notifications and for food incidents is able to provide assurances that adequate actions are taken by the CAs in cases where these notifications/incidents are linked to horse meat, particularly concerning follow-up and measures taken regarding the products involved. In certain cases, the measures taken are ineffective since it still remains a challenge for the CAs to properly control and enforce the requirement for the prudent use of veterinary medicines in horses.

5.6 LESSONS LEARNED FROM THE "HORSE MEAT SCANDAL" IN 2013

Findings

145. The Agricultural and Food Quality Inspection (AFQI) is the body responsible for the coordination of all measures relating to minced meat adulterated with horse meat and for the verification of the labelling of species in both meat and meat products. Since the horse meat scandal, the AFQI has been monitoring the market by carrying out control activities and laboratory testing to check the composition of meat preparations.

Page 37: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

32

146. In 2013 and 2014, the sampling schedule was set out based on a coordinated control plan, with a view to establishing the prevalence of fraudulent practices in the marketing of certain foods. In 2013, 138 samples were analysed for the presence of horse meat and in five cases horse meat was detected. In 2014, out of 150 samples analysed no horse meat was identified.

147. Over the past three years, 45 samples of red meat preparations were analysed for the presence of horse meat and all were free from such meat. AFQI can take actions in cases of undeclared presence of horse meat, such as prohibiting marketing, requesting change of labelling or imposing sanctions. AFQI, as the National contact point for Administrative Assistance Cooperation system for food fraud, has received 130 requests for administrative assistance from other MS in relation to food fraud but none of those concerned fraud related to horse meat.

6 OVERALL CONCLUSIONS

The CA has put in place the mechanisms needed to verify compliance of the identification/registration of horses and that only horses eligible for the food chain are slaughtered. This includes proper identification and registration and a Central Equine Database, as required by EU legislation, as well as controls at all the levels of the food chain. Positive elements are: the low percentage of horses with late registration, the efforts to properly enforce notification of changes of ownership and to communicate the relevant information for input into the database, as well as the return of passports back to the passport issuing bodies. The control system also includes official sampling for specific residues analyses, with satisfactory results overall, and sampling for species identification.

Nonetheless, certain elements are missing and that jeopardises the function of the system as a whole. These are: the lack of reference in the database to the actual horse keepers, as required by EU law to facilitate official controls; the absence of official controls to verify that any relevant treatments are properly and timely introduced in the horse passports so that horses are excluded from the food chain if required; and the need to ensure that the database is duly updated when changes occur, especially concerning the cases of dead horses and horses registered in certain studbooks.

Conclusions on lessons learned from the "horse meat scandal" in 2013

148. The CA has put measures in place to investigate fraud and to strengthen the legislation and the implementation thereof.

149. A monitoring programme is in place to verify the correct labelling of species focusing on meat preparations, which provides a good overview of the practices in this specific sector.

Page 38: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

33

7 CLOSING MEETING

A closing meeting was held in Warsaw on 22 November 2019 with the CCA. At this meeting, the audit team presented the main findings and preliminary conclusions of the audit and the CCA acknowledged the findings.

The creation of a European central database for equidae as well as the introduction of uniform horse passport model amongst MS were suggested by the CCA as potential ways to improve the existing system.

8 RECOMMENDATIONS

No. Recommendation

1. To take measures aimed at verifying that, when horses intended for slaughter for human consumption are treated with medicinal products, the obligations laid down in Article 37 of Regulation (EU) No 2015/262 concerning the medication records in the passport and the transmission of relevant information to the passport issuing body and/or to the central database are met; in particular:

in case of non-permitted treatments, the exclusion of the animal from the food chain should be recorded and the information transmitted to the relevant authorities and/or passport issuing body;

when permitted treatments are given, they are properly registered in the relevant part of the passport.

Recommendation based on conclusions Nos 133, 137 and 144.

Associated findings Nos 56, 127, 128, 129, 130, 131 and 143.

2. To ensure that the information in the CBDK is in line with the requirements set out in Article 38(1)(i) of Regulation (EU) No 2015/262, therefore also making a reference to the keeper of the horse in order to facilitate official controls.

Recommendation based on conclusion No 84.

Associated findings Nos 40, 68 and 75.

3. To improve the proper functioning of the CBDK and the reliability of the information contained therein by ensuring that all the passport issuing bodies communicate, in line with the requirements set in Articles 28 and 35 of Regulation (EU) No 2015/262, all relevant information in a timely and reliable manner with regard to both dead horses and to changes of the horses’ status which affect their eligibility for slaughter.

Page 39: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

34

No. Recommendation

Recommendation based on conclusion No 83.

Associated finding No 72.

4. To increase the supervision mechanisms in ABP plants as stipulated in Article 34(1) of Regulation (EU) 2015/262 and to ensue that keepers do comply with the requirements of Article 35(1) so that all the relevant information concerning dead horses is properly collected (records of transponders destroyed and passports invalidated), subsequently reviewed and verified by the relevant DVI and finally timely communicated to the CBDK for reconciliation purposes.

Recommendation based on conclusion No 83.

Associated findings Nos 65, 73 and 74.

5. To ensure that the offal of slaughtered horses has undergone PMI in line with the requirements of Point 8, Chapter III, Section IV, of Annex I to Regulation (EC) No 854/2004.

Recommendation based on conclusion No 132.

Associated finding No 93.

The competent authority's response to the recommendations can be found at:

http://ec.europa.eu/food/audits-analysis/rep_details_en.cfm?rep_inspection_ref=2019-6670

Page 40: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

ANNEX 1 – LEGAL REFERENCES

Legal Reference Official Journal TitleReg. 178/2002 OJ L 31, 1.2.2002, p.

1-24 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

Reg. 852/2004 OJ L 139, 30.4.2004, p. 1, Corrected and re-published in OJ L 226, 25.6.2004, p. 3

Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs

Reg. 853/2004 OJ L 139, 30.4.2004, p. 55, Corrected and re-published in OJ L 226, 25.6.2004, p. 22

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

Reg. 854/2004 OJ L 139, 30.4.2004, p. 206, Corrected and re-published in OJ L 226, 25.6.2004, p. 83

Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

Reg. 882/2004 OJ L 165, 30.4.2004, p. 1, Corrected and re-published in OJ L 191, 28.5.2004, p. 1

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

Reg. 2073/2005 OJ L 338, 22.12.2005, p. 1-26

Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs

Page 41: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

Reg. 2074/2005 OJ L 338, 22.12.2005, p. 27-59

Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004

Reg. 1950/2006 OJ L 367, 22.12.2006, p. 33-45

Commission Regulation (EC) No 1950/2006 of 13 December 2006 establishing, in accordance with Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products, a list of substances essential for the treatment of equidae

Reg. 1333/2008 OJ L 354, 31.12.2008, p. 16-33

Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives

Reg. 1069/2009 OJ L 300, 14.11.2009, p. 1-33

Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)

Reg. 1099/2009 OJ L 303, 18.11.2009, p. 1-30

Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing

Reg. 16/2011 OJ L 6, 11.1.2011, p. 7-10

Commission Regulation (EU) No 16/2011 of 10 January 2011 laying down implementing measures for the Rapid alert system for food and feed

Page 42: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

Reg. 142/2011 OJ L 54, 26.2.2011, p. 1-254

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive

Reg. 1169/2011 OJ L 304, 22.11.2011, p. 18-63

Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004

Reg. 2015/262 OJ L 59, 3.3.2015, p. 1–53

Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation)

Reg. 2015/1375 OJ L 212, 11.8.2015, p. 7–34

Commission Implementing Regulation (EU) 2015/1375 of 10 August 2015 laying down specific rules on official controls for Trichinella in meat

Dir. 90/425/EEC OJ L 224, 18.8.1990, p. 29-41

Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market

Dir. 90/427/EEC OJ L 224, 18.8.1990, p. 55-59

Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae

Page 43: DG(SANTE) 2019-6670 FINAL REPORT OF AN AUDIT CARRIED …

Dir. 96/22/EC OJ L 125, 23.5.1996, p. 3-9

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC

Dir. 96/23/EC OJ L 125, 23.5.1996, p. 10-32

Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC

Dir. 96/93/EC OJ L 13, 16.1.1997, p. 28-30

Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products

Dir. 98/83/EC OJ L 330, 5.12.1998, p. 32-54

Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

Dir. 2001/82/EC OJ L 311, 28.11.2001, p. 1-66

Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products

Dir. 2006/130/EC OJ L 349, 12.12.2006, p. 15-16

Commission Directive 2006/130/EC of 11 December 2006 implementing Directive 2001/82/EC of the European Parliament and of the Council as regards the establishment of criteria for exempting certain veterinary medicinal products for food-producing animals from the requirement of a veterinary prescription

Dir. 2009/156/EC OJ L 192, 23.7.2010, p. 1-24

Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae

Reg. 37/2010 OJ L 15, 20.1.2010, p. 1-72

Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin