OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down specific hygiene rules for food of animal origin AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

2000/0179 (COD)

OPINION OF THE COMMISSION pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down specific hygiene rules for food of animal origin

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission sets out its opinion below on the amendments proposed by Parliament.

2. Background

Date of adoption of the proposal [1] by the Commission // 14.07.2000

[1] OJ C 365 E, 19.12.2000, p. 58.

Date of the opinion of the European Economic and Social Committee [2] // 28.03.2001

[2] OJ C 155, 29.5.2001, p. 39.

Date of the opinion of the European Parliament [3], first reading: // 15.05.2002

[3] OJ C 180 E, 31.7.2003, p. 288.

Date of adoption of the amended proposal // 27.01.2003

Date if political agreement in Council // 16.12.2002

Date of adoption of the common position [4]: // 27.10.2003

[4] OJ C 48 E, 24.2.2004, p. 23.

Adoption by Parliament of the Recommendation for a second reading : // 30.03.2004

3. Purpose of the proposal

Second proposal of a package of five proposals consolidating and updating current Community rules on food hygiene.

It aims in particular to recast Community rules on the hygiene of food of animal origin. It contains rules for meat and meat products, fishery products, bivalve molluscs, milk and milk products, eggs and egg products, and their by-products for human consumption.

The main purpose of the proposal is to simplify existing rules.

4. Opinion of the Commission on the amendments by the European Parliament

A compromise package of amendments was submitted to the European Parliament with the endorsement of the Council.

As the amendments approved by the Parliament reflect the compromise agreement reached between the three institutions, the compromise is acceptable to the Commission.

The compromise package contains the following amendments:

* Amendment 9 (recital 19) emphasises the need for the Commission to coordinate the procedure that allows Member States to deviate from the hygiene rules in order to accommodate the needs of businesses applying traditional methods of food production.

* Amendment 10 is an editorial amendment that describes the possibilities for the Commission to amend the annexes using the comitology procedure. The amendment does not affect the powers of the Commission to use the comitology procedure.

* Amendment 11 is an editorial amendment that clarifies the obligation of hunters with regard to food safety.

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out above.