COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption, and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC

2000/0182 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption, and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC

1. BACKGROUND

Date of transmission of the proposal to the EP and the Council

(document COM(2000)438 final - 2000/0182 (COD): // 14 July 2000.

Date of the opinion of the Economic and Social Committee: // 28 March 2001.

Date of the opinion of the European Parliament, first reading: // 3 June 2003.

Date of transmission of the amended proposal: // 23 July 2003.

Date of adoption of the common position: // 27 October 2003

(unanimously).

2. OBJECTIVE OF THE COMMISSION PROPOSAL

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

The purpose of the proposal is to:

* Repeal 17 Directives on food hygiene,

* Amend other Directives having a direct link to food hygiene,

* Introduce a saving and standstill clause in order to ensure that essential temperature and microbiological requirements would remain in place and that the implementing rules based on the repealed Directives continue to apply.

3. COMMENTS ON THE COMMON POSITION

3.1. The date of application (Article 1)

The main concern of the Council with regard to this proposal was to ensure that all the proposals of the package apply from the same date and that Member States are given enough time to adapt to the new situation. The Council therefore decided that for all the proposals of the package the measures should apply 18 months after entry into force and at the earliest on 1 January 2006.

Although the date of application in the common position is not identical to the one proposed in the amendment of the European Parliament, it must considered that the objectives pursued by the Council do not conflict with the objectives pursued by the European Parliament in the amendments on this subject in the different proposals of the package.

3.2. Other amendments in the common position

3.2.1. Repeal of existing Directives (Article 2)

Originally, the Commission had included the repeal of all existing food hygiene Directives in the fifth proposal of the package.

In the common position, the Council proceeds to the repeal of Directive 93/43/EEC on general food hygiene within the context of the first proposal, and of the remaining 16 Directives in the fifth proposal. That seems a logical approach since the first proposal replaces Directive 93/43/EEC. The objectives of the initial Commission's proposal are therewith achieved.

3.2.2. Amendment of other Directives having a direct link to food hygiene (Articles 3, 5 and 6)

* The proposal of the Commission provided for the repeal of Annex II to Directive 92/118/EEC.

In Article 3 of the common position, the Council introduced other amendments to Directive 92/118/EEC. These new amendments ensure a better coherence of future Community legislation.

* The proposal of the Commission provided for an amendment of Annex A to Directive 89/662/EEC.

In Article 5 of the Common position, the Council introduced other amendments to Directive 89/662/EEC. These new amendments ensure a better coherence of future Community legislation.

* The proposal of the Commission provided for an amendment of Directive 91/67/EEC.

In the common position, this amendment has not been introduced since it is rendered superfluous with the adoption of Directive 2002/99/EC (the fourth proposal of the hygiene package).

* In Article 6 of the common position, the Council has introduced an amendment of Council Decision 95/408/EC so as to ensure that its application is extended until the hygiene package applies. Such an extension is necessary in order to ensure that the implementing decisions taken on the basis of that decision (that expires on 31 December 2003) remain valid until replaced under the new legal basis in the hygiene package.

3.2.3. Saving and standstill clause (Article 4)

The proposal of the Commission provided for a saving clause in order to ensure that essential temperature and microbiological requirements would remain in place and that implementing decisions taken on the basis of the repealed acts would continue to apply.

In the common position, these elements have been respected.

In addition, the Council has made provision for the implementing rules that are based on Annex II of Directive 92/118/EEC to continue to apply (except for Decision 94/371 laying down specific public health conditions for the putting on the market of certain types of eggs), the content of which has been largely integrated in the second proposal of the food hygiene package).

The Council has also made provision for the implementing decisions of Decision 95/408/EEC to continue to apply. These implementing decisions contain the lists of establishments in third countries that are authorised to export food of animal origin to the EC.

4. CONCLUSION

The Commission is satisfied that the common position takes into account the objectives of the European Parliament's amendment and that the Commission's concerns with regard to the objectives of the proposal have been respected.

5. GENERAL DECLARATIONS

Implementing rules

To ensure transparency, the Commission will consider making a communication setting out, sector by sector, lists of the existing implementing rules that will continue to apply when the new hygiene rules take effect. It will also consider proposing the repeal or amendment of such rules, where appropriate.

The Commission affirms that it is its aim to propose new rules on trichinae to replace those of Directive 77/96/EEC in good time, so as to ensure that they can be adopted before the new hygiene legislation takes effect.

Fishery products

The Commission will consider whether it would be possible to establish a list of parameters for treatments to fishery products, other than freezing to an internal temperature of -20ºC for 24 hours or heating to 60ºC, that are recognised as sufficient to destroy nematode larvae, as well as criteria to verify whether treatments applied achieve this objective. It will, if appropriate, make relevant proposals.

Contaminants

The Council invites the Commission to consider the need for harmonised rules for official controls on or surveillance of the presence of environmental contaminants in food and for measures to be taken in cases of non-compliance with Community requirements and, if appropriate, to make relevant proposals.