Common Position (EC) No 4/2004

adopted by the Council on 27 October 2003

with a view to the adoption of a Directive 2004/.../EC of the European Parliament and of the Council of ... 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

(2004/C 48 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95 and 152(4)(b) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the Opinion of the European Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Several Directives lay down animal and public health rules for the production and placing on the market of products of animal origin.

(2) The following acts contain new rules recasting and updating the rules in those Directives:

- Regulation (EC) No .../2004 of the European Parliament and of the Council of ... on the hygiene of foodstuffs(4);

- Regulation (EC) No .../2004 of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin(5);

- Regulation (EC) No .../2004 of the European Parliament and of the Council of ... laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(6); and

- Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(7).

(3) It is therefore appropriate to repeal the earlier Directives. Since Regulation (EC) No .../2004(8) provides for the repeal of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(9), this Directive need only repeal the Directives concerning products of animal origin.

(4) The requirements of Council Directive 72/462/EEC(10) should continue to apply only to the import of live animals, since the new hygiene rules and Directive 2002/99/EC will supersede its rules on fresh meat and meat products.

(5) It is necessary, however, to provide for certain implementing rules to remain in force pending the taking of necessary measures under the new legal framework.

(6) Amendments to Council Directives 89/662/EEC(11) and 92/118/EEC(12) and to Council Decision 95/408/EC(13) are also necessary to take account of the recasting exercise,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive, the "relevant date" shall mean the date of application of Regulations (EC) No .../2004(14), (EC) No .../2004(15) and (EC) No .../2004(16).

Article 2

The following Directives shall be repealed with effect from the relevant date:

1. Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat(17);

2. Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultry meat(18);

3. Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat(19);

4. Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (Trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine(20);

5. Council Directive 77/99/EEC of 21 December 1976 on health problems affecting the production and marketing of meat products and certain other products of animal origin(21);

6. Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-Community trade in meat products(22);

7. Commission Directive 89/362/EEC of 26 May 1989 on general conditions of hygiene in milk production holdings(23);

8. Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems affecting the production and the placing on the market of egg products(24);

9. Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs(25);

10. Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(26);

11. Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat(27);

12. Council Directive 91/495/EEC of 27 November 1990 concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat(28);

13. Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat(29);

14. Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products(30);

15. Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC(31); and

16. Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations(32).

Article 3

Directive 92/118/EEC shall be amended as follows with effect from the relevant date:

1. all references to "Annexes I and II" shall be replaced by references to "Annex I";

2. in Article 4(1), the words "and Annex II as regards public health aspects" shall be deleted; and

3. Annex II shall be repealed.

Article 4

1. With effect from the relevant date, references to the Directives referred to in Article 2 or to Annex II to Directive 92/118/EEC shall be construed as being made, as the context demands, to:

(a) Regulation (EC) No .../2004(33);

(b) Regulation (EC) No .../2004(34) or

(c) Directive 2002/99/EC.

2. Pending the adoption of microbiological criteria and temperature control requirements in accordance with Article 4 of Regulation (EC) No .../2004(35), any such criteria or requirements laid down in the Directives referred to in Article 2, Annex II to Directive 92/118/EEC, or their implementing rules shall continue to apply.

3. Pending the adoption of the necessary provisions on the basis of Regulations (EC) No .../2004(36), (EC) No .../2004(37), (EC) No .../2004(38), or Directive 2002/99/EC, the following acts shall continue to apply mutatis mutandis:

(a) implementing rules adopted on the basis of the Directives referred to in Article 2;

(b) implementing rules adopted on the basis of Annex II to Directive 92/118/EEC, with the exception of Decision 94/371/EC(39);

(c) implementing rules adopted on the basis of Directive 72/462/EEC; and

(d) provisional lists of third countries and third country establishments drawn up in accordance with Decision 95/408/EC.

Article 5

1. As from 1 January 2005, the animal health rules laid down in Directive 72/462/EEC shall continue to apply only to the import of live animals.

2. With effect from the relevant date, Directive 72/462/EEC shall continue to apply only to the import of live animals.

Article 6

Directive 89/662/EEC shall be amended as follows with effect from the relevant date:

1. The references:

(a) in Article 1, to "products of animal origin which are covered by the Directives listed in Annex A"; and

(b) in Article 4(1), to "products obtained in accordance with the Directives referred to in Annex A",

shall be replaced by "products of animal origin covered by the acts referred to in Annex A";

2. Annex A shall be replaced by the following:

"ANNEX A

CHAPTER I

Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(1).

Regulation (EC) No .../2004 of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin(2).

CHAPTER II

Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A, Chapter I to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(3).

Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(4).

(1) OJ L 18, 23.1.2003, p. 11.

(2) OJ L ....

(3) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Commission Decision 2003/42/EC (OJ L 13, 18.1.2003, p. 24).

(4) OJ L 273, 10.10.2002, p. 1. Regulation as amended by Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003, p. 1)."

Article 7

Article 9 of Decision 95/408/EC shall be replaced by the following, with effect from the date of entry into force of this Directive:

"Article 9

This Decision shall apply until the 'relevant date', as defined in Article 1 of Directive 2004/.../EC of the European Parliament and of the Council of ... 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(40).".

Article 8

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the relevant date at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such references shall be laid down by Member States.

Article 9

This Directive shall enter into force on the date of its publication in the Official Journal of the European Union.

Article 10

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 365 E, 19.12.2000, p. 132, and OJ C ....

(2) OJ C 155, 29.5.2001, p. 39.

(3) Opinion of the European Parliament of 3 June 2003 (OJ C ...), Council Common Position of 27 October 2003 and Position of the European Parliament of ... (not yet published in the Official Journal).

(4) See p. 1 of this Official Journal.

(5) See p. 23 of this Official Journal.

(6) See p. 82 of this Official Journal.

(7) OJ L 18, 23.1.2003, p. 11.

(8) See p. 1 of this Official Journal.

(9) OJ L 175, 19.7.1993, p. 1.

(10) Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (OJ L 302, 31.12.1972, p. 28). Directive as last amended by Council Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(11) Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 395, 30.12.1989, p. 13). Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(12) Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A, Chapter I to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ L 62, 15.3.1993, p. 49). Directive as last amended by Commission Decision 2003/42/EC (OJ L 13, 18.1.2003, p. 24).

(13) Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (OJ L 243, 11.10.1995, p. 17). Decision as last amended by Regulation (EC) No 806/2003.

(14) See page 1 of this Official Journal.

(15) See page 23 of this Official Journal.

(16) See page 82 of this Official Journal.

(17) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by Directive 95/23/EC (OJ L 243, 11.10.1995, p. 7).

(18) OJ L 55, 8.3.1971, p. 23. Directive as last amended by Regulation (EC) No 807/2003.

(19) OJ L 302, 31.12.1972, p. 24. Directive as last amended by Regulation (EC) No 807/2003.

(20) OJ L 26, 31.1.1977, p. 67. Directive as last amended by Regulation (EC) No 807/2003.

(21) OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation (EC) No 807/2003.

(22) OJ L 47, 21.2.1980, p. 4. Directive as last amended by Regulation (EC) No 807/2003.

(23) OJ L 156, 8.6.1989, p. 30.

(24) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regulation (EC) No 806/2003.

(25) OJ L 268, 24.9.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003.

(26) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation (EC) No 806/2003.

(27) OJ L 268, 24.9.1991, p. 35. Directive as last amended by Directive 1999/89/EC (OJ L 300, 23.11.1999, p. 17).

(28) OJ L 268, 24.9.1991, p. 41. Directive as last amended by Regulation (EC) No 806/2003.

(29) OJ L 268, 14.9.1992, p. 35. Directive as last amended by Regulation (EC) No 806/2003.

(30) OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003.

(31) OJ L 187, 7.7.1992, p. 41.

(32) OJ L 368, 31.12.1994, p. 10. Directive as amended by Regulation (EC) No 806/2003.

(33) See page 1 of this Official Journal.

(34) See page 23 of this Official Journal.

(35) See page 82 of this Official Journal.

(36) See page 1 of this Official Journal.

(37) See page 23 of this Official Journal.

(38) See page 82 of this Official Journal.

(39) OJ L 168, 2.7.1994, p. 34.

(40) OJ L ....

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

In July 2000, the Commission proposed a Directive repealing certain Directives on the hygiene of foodstuffs and the health conditions for the production and placing on the market of certain products of animal origin intended for human consumption, and amending Directives 89/662/EEC and 91/67/EEC.

The European Parliament adopted an opinion on the proposed Directive in June 2003. The Economic and Social Committee adopted an opinion in March 2001(1).

After considering these opinions, the Council adopted a common position on 27 October 2003.

II. OBJECTIVE

The proposed Directive is the fifth element of a package of five proposals with the aim of consolidating, updating and simplifying Community legislation on food hygiene while ensuring a high level of protection of public health. The Council simultaneously adopted common positions on all of the four proposals subject to the co-decision procedure(2).

The Directive provides for housekeeping measures for the transition from existing hygiene rules to the new hygiene legislation. In particular, it would:

- repeal a number of existing Directives laying down hygiene or health rules for various products of animal origin;

- amend or alter the application of other existing Directives and one Decision; and

- maintain existing implementing measures in force until necessary measures can be adopted under the new hygiene legislation.

III. ANALYSIS OF THE COMMON POSITION

A. Date of application (Article 1)

The Council agrees that all elements of the hygiene package should take effect at the same time. However, it believes that an explicit statement to this effect would provide greater legal certainty. In the common position, therefore, Article 1 of the Directive defines as the "relevant date" the date of application of the three Regulations establishing the new hygiene rules. Subsequent Articles provide for the necessary measures to apply with effect from this date.

The common position is thus consistent with the aim of the sole amendment in the European Parliament's first-reading opinion.

B. Repeal of existing Directives (Article 2)

In the common position, Article 2 of the Directive provides for the repeal of existing Directives laying down rules for products of animal origin. In the common position on the Regulation on the hygiene of foodstuffs, Article 17 provides for the repeal of Directive 93/43/EEC, which lays down hygiene rules for all types of food.

C. Directive 92/118/EEC (Article 3)

In addition to providing for the repeal of Annex II to Directive 92/118/EEC, the common position provides for consequential amendments to other provisions of that Directive.

D. Interpretative and saving clauses (Article 4)

Article 4(1) provides for references to the provisions that would be repealed pursuant to Articles 2 and 3 to be interpreted as references to the new hygiene and health rules.

Article 4(3) provides for a temporary reprieve for certain existing implementing rules. Compared to the Commission's original proposal, it:

- clarifies that it would be possible to repeal such rules without replacement if they are no longer necessary;

- covers provisional lists of third countries and third country establishments drawn up in accordance with Decision 95/408/EC;

- covers implementing rules adopted on the basis of Directive 76/462/EEC; and

- does not cover Decision 94/371/EC since its rules would add nothing to those of the new Regulations.

The provision on health marks in Article 3(3) of the Commission's original proposal is no longer necessary, since the new hygiene Regulations contain relevant provisions.

E. Adaptation of existing legislation (Articles 5, 6 and 7)

The common position incorporates consequential changes to the amendments to Directive 89/662/EEC.

It does not provide for any amendment of Directive 91/67/EEC, since the adoption of Directive 2002/99/EC has made this unnecessary.

It provides for an amendment to Decision 95/408/EC to extend its application until the new hygiene legislation takes effect. This is necessary since that Decision would currently expire on 31 December 2003, while a new legal basis to draw up and update lists of third countries and third country establishments will not be available until after adoption of the hygiene package.

It also contains a provision adapting the scope of application of Directive 76/462/EEC. Since the new hygiene rules will supersede its rules on fresh meat and meat products, it provides for the requirements of that Directive to continue to apply only in respect of the importation of live animals.

IV. CONCLUSION

The Council is pleased to note that the Commission accepts its common position and that the draft Regulation is consistent with the aim of the amendment that the European Parliament adopted at first reading. It hopes that this will permit the rapid adoption of the Directive and of the remainder of hygiene package.

(1) The Committee of the Regions decided not to provide an opinion.

(2) In December 2002, the Council adopted Directive 2002/99/EC laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption, on the basis of the Commission's fourth proposal.