Re-examined proposal for a COUNCIL DIRECTIVE on the Hygiene of Foodstuffs
Date: 1993-05-19
Institutions: European Commission
Subjects: approximation of laws, consumer protection, dangerous substance, foodstuff, foodstuffs legislation, health control, human nutrition, marketing, solvent

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 219 final  - SYN 376 

Brussels, fo May  1993 

He-examined  proposal  for a 

COUNCIL  DIRECTIVE 

on  the Hygiene of  Foodstuffs 

(presented  by  the Commission pursuant  to Article  149.2(d) 
of  the EEC  treaty) 

& • • • :! 

EU"** 

ÎFfîtiv SS? 

^T^W* 

in 

-  2 -

Explanatory  Memorandum 

The proposal  regards a horizontal  Directive relating  to foodstuffs and 

undertakings which deal  with  foodstuffs. 

The Commission  adopted  the proposal  on  10 January  1992.  It was sent  to 

the Council  on  14 January 1992. 

The Committee on  the Environment, Public Health  and Consumer  Protection 

delivered  its opinion on 25 September  1992,  incorporating also the 

opinion of  the Committee  on  Economic and Monetary  Affairs and  Industrial 

Policy, delivered on  15 April  1992. 

The opinion of  the Economic and Socical  Committee was voted on 26 May 

1992. 

The opinion  of  the European  Parliament was adopted on  29 October  1992. 

The Commission  adopted  a modified Proposal  on  10 December  1992. 

The Council  adopted  the Common  Position on  17 December  1992. 

The European Parliament  received  the Common  Position on  11  February 

199J. 

At  its Plenary  Session, on 20 April  1993, the European  Parliament  voted 

a recommendation  ( document  A3-0126/93-PE  204.176 def.)  introducing 11 

amendments.  (14 amendments were  tabled, amendments  1 and  2 were  rejected 

and amendment  13 was annuled) 

Amendment  3 

Proposes  to consolidate  the specific  Community  food 

-  3 -

hygiene  rules under  this Directive 

The Commission  did  not  accept  beforehand  the  idea of 

consolidation when  the study,  to which  the Commission  has 

committed  itself, has not  been  finished.  It  therefore 

rejected  the  amendment. 

Amendment  4 

Requires  risk-related  frequency  of  inspection  for  all  food 

businesses 

The Commission  accepted  the principle of  risk-related 

inspections  (the  first  part  of  the amendment) but  rejected 

the proposed  minimum  interval  of  2 years, which  is not 

meaningful  in all  situations. 

Amendment  5 

Control  of  foodstuffs  imported  into the  Community 

The amendment  refers  to the obligation  for  the  competent 

authorities  to control  whether  imported  foodstuffs  comply 

with  the general  requirement  formulated  in article  3.1  of 

the Directive and  not  to  the more specific  requirements of 

paragraphs  2 and  3, which  cannot  be controlled.  The 

Commission  accepted  this  amendment. 

/•.'••lencî/flent  G  Asks  Commission  to  undertake  a  study  on  Community-wide 

-  4  -

standards  for education and  training of  food handlers. 

Changes  the provision  in the Annex  on  training  into an 

art icle. 

The Commission  is prepared  to undertake  a study of current 

levels of education,  training  and qualifications on  the 

principles of microbiology  and  food  hygiene and  to report 

to Parliament  within  2 years about  the results. The 

Commission  is not  in favour of Community-wide standards, 

this being  far  too detailed and against  the principle of 

the Directive. By  leaving  this provision  in the Annex, 

additional  requirements on  training  in the various food 

business sectors may be formulated  in the form of guides 

to good  hygiene practice. The Commission  rejected  the 

amendment. 

Amendment  7  Opens  the possibility  for  the competent  authorities to 

close part of  the undertaking. 

Commission  accepted  this amendment:  the Article makes it 

already  possible  to close  the whole of  the undertaking. 

Amendment  8 

Gives  the undertaking  the right  to compensation  if. on 

appeal.  It  is found  that  incorrect  action  has been 

enforced. 

The Commission  rejected  this amendment,  this being a 

matter  for  the national  law-giver  to decide upon. Moreover 

it can be argued  that  the hygiene Directive  is not  the one 

in which  to regulate this. 

Amendment  9 

Requires as far  as reasonably  practicable  protection 

against  external  sources of  contamination. 

-  5 -

The Commission  rejected  this amendment  because  the word 

"protection"  in the  text  covers sufficiently  the meaning 

of  this amendment  so  that  the addition of  the words 

"as  far  as reasonably  practicable"  is superfluous. 

Amendment  10  Adds  to chapter  1 of  the Annex  the requirement  that 

provisions  for washing  food must  be separate  from  the hand 

washing  faciIity. 

The Commission  accepted  this amendment  on  condition  that 

the words: When  necessary  are  added. 

Amendment  11  Requires where  appropriate every  person working  in a food 

handling  area  to wear  suitable  clothing. 

Commission  accepted  the amendment  (with editorial 

changes). The addition of  the word  "where appropriate" 

made  the amendment  acceptable. 

Amendment  12  Requires specific storage conditions for  packaging 

materials. 

The Commission  rejected  this amendment.  It  is unnecessary 

as adequate  rules for  packaging materials are mentioned  in 

Chapter  V of  the Annex. 

Amendment  14  Requires  that  all  other  linguistic versions of  paragraph  2 

of  chapter  IV of  the Annex  be brought  into  line with  the 

French  version. 

The  French  text  is the one  the Commission  prefers and  it 

therefore  accepted  the  amendment. 

- 6 -
Reexamined  proposal  for a 

CounciI  Direct ive 

on  the Hygiene of  Foodstuffs 

The Commission did not  agree  to the proposed  change of Article  14. The 

Commission  maintains  its proposal  thereto and subject  to the following 

amendments,  the Commission  is  in agreement  with  the common  position 

stated  in Council  document  n' 10883/1/92. 

1. 

Add  the following  subparagraph  to Article 8 paragraph  2 (a) 

Member  States shall  provide  that  all  food premises are  inspected 

at a frequency which  has regard  to the risk associated  with  the 

premises. 

2. 

Change article 8 paragraph  3 as follows. 

The competent  authorities shall  ensure  that  controls on 

foodstuffs  imported  into the Community  are carried out  in 

accordance with Directive 89/397EEC  for  the purpose of ensuring 

that  the relevant  provisions of Article 3.1  and, where 

appropriate, any provisions  laid down pursuant  to Article 4, are 

being observed. 

3. 

Cftange Article 9 paragraph  t as  fellows. 

- 7 -

If while carrying  out  the controls  referred  to  in Article 8,the 

competent  authorities  ascertain  that  failure  to comply  with  the 

provisions of Article  3, or  where  appropriate, any  provisions 

laid  down  pursuant  to Article  4 might  result  in risks  to  the 

safety  or  who Iesomeness of  foodstuffs  they  shall  take  appropriate 

measures, which  may  extend  to  the withdrawal  and/or  the 

destruction  of  the foodstuff  or  to the closure of  a11 or  part  of 

the undertaking  for  an appropriate period of  time. 

4. 

Change  Chapter  I paragraph  4 of  the Annex  as  follows. 

Washbasins  for  cleaning  hands must  be provided  with  hot  and  cold 

running  water, materials  for  cleaning  hands and  for  hygienic 

drying. When  necessary  the provisions  for washing  food must  be 

separate  from  the hand washing  facility. 

5. 

Change  Chapter  IV paragraph  2 of  the Annex  as  follows. 

Such  receptacles  in vehicles  and/or  containers must  not  be used 

for  transporting  anything  other  than  foodstuffs where  this may 

result  in contamination of  foodstuffs. 

Bulk  foodstuffs  in  liquid, granular  or  powder  form must  be 

transported  In receptacles and/or  containers/tankers  reserved  for 

the  transport  of  foodstuffs. Such  containers must  be marked  in a 

clearly  visible  and  indelible  fashion,  in one or  more  Community 

languages,  to show  that  they  are used  for  the  transport  of 

foodstuffs, or  must  be marked  "for  foodstuffs  only". 

6. 

Change  Chapter  VIII  paragraph  1 of  the Annex  as  follows. 

Every  person working  in a  food  handling  area  shall  maintain  a 

high  degree of  personal  cleanliness and where  appropriate shall 

wear  suitable, clean, protective  clothing. 

ISSN 0254-1475 

COM(93) 219 final 

DOCUMENTS 

EN 

10 05 

Catalogue number : CB-CO-93-246-EN-C 

ISBN 92-77-55863-6 

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