Proposal for a Directive of the European Parliament and of the Council 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
Date: 2000-07-14
Institutions: European Commission
Subjects: animal product, consumer protection, food inspection, foodstuff, health legislation

C 365 E/132

EN

Official Journal of the European Communities

19.12.2000

for a Directive of the European Parliament and of the Council repealing certain
Proposal
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

(2000/C 365 E/06)

(Text with EEA relevance)

COM(2000) 438 final (cid:16) 2000/0182(COD)

(Submitted by the Commission on 14 July 2000)

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,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

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

Whereas:

(1) Council Directive 93/43/EEC of 14 June 1993 on the
hygiene of foodstuffs (1) lays down the general requirements
for ensuring the production of safe food.

(2) The animal and public health conditions for the production
and the placing on the market of products of animal origin
are laid down in a number of different Council Directives.

(3) These conditions concern, in particular, products such as
fresh meat, poultrymeat, meat products, egg products, live
bivalve molluscs, fishery products, rabbit and game meat,
milk and milk products, minced meat as well as certain
other products intended for human consumption.

(4) The rules contained in these Directives have been recast

and adopted as:

9 European Parliament and Council Regulation . . ./. . . on

the hygiene of foodstuffs,

9 European Parliament and Council Regulation . . ./. . .
laying down specific hygiene rules for food of animal
origin,

(1) OJ L 157, 19.7.1993, p. 1.

9 European Parliament and Council Regulation . . ./. . .
the organisation of
laying down detailed rules for
official controls on products of animal origin intended
for human consumption,

9 Council Regulation . . ./. . .

laying down the animal
health rules governing the production, placing on the
market and importation of products of animal origin
intended for human consumption.

(5) The Directives concerned must therefore be repealed.

(6) 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 (2),
as last amended by Directive 92/118/EEC (3), and Council
Directive 91/67/EEC of 28 January 1991 concerning the
animal health conditions governing the placing on the
market of aquaculture animals and products (4), as last
by Directive 98/45/EC (5), must
be
amended
amended to take account of the recasting exercise,

also

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The following Directives are hereby repealed:

1. Council Directive 93/43/EEC of 14 June 1993 on the

hygiene of foodstuffs.

2. Council Directive 64/433/EEC of 26 June 1964 on health
fresh

conditions for
the production and marketing of
meat (6), as last amended by Directive 95/23/EC (7).

3. Council Directive 71/118/EEC of 15 February 1971 on
health problems affecting the production and placing on
the market of fresh poultrymeat (8), as last amended by
Directive 97/79/EC (9).

(2) OJ L 395, 30.12.1989, p. 13.
(3) OJ L 62, 15.3.1993, p. 49.
(4) OJ L 46, 19.2.1991, p. 1.
(5) OJ L 189, 3.7.1998, p. 12.
(6) OJ 121, 29.7.1964, p. 2012/64.
(7) OJ L 243, 11.10.1995, p. 7.
(8) OJ L 55, 8.3.1971, p. 23.
(9) OJ L 24, 30.1.1998, p. 31.

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Official Journal of the European Communities

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4. Council Directive 72/461/EEC of 12 December 1972 on
health problems affecting intra-Community trade in fresh
meat (1), as last amended by the Act of Accession of
Austria, Finland and Sweden.

affecting the production and placing on the market of
rabbit meat and farmed game meat (13), as last amended
by the Act of Accession of Austria, Finland and Sweden.

5. Council Directive 77/96/EEC of 21 December 1976 on the
examination
upon
importation from third countries of fresh meat derived
from domestic swine (2), as last amended by the Act of
Accession of Austria, Finland and Sweden.

(Trichinella

trichinae

spiralis)

for

14. 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 (14), as last amended by Directive 97/79/EC.

6. 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 (3), as last amended by Directive 97/76/EC (4).

15. 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 (15), as last amended by Directive 96/23/EC.

7. Council Directive 80/215/EEC of 22 January 1980 on
animal health problems affecting intra-Community trade
in meat products (5), as last amended by the Act of
Accession of Austria, Finland and Norway.

16. 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 (16).

8. Council Directive 89/362/EEC of 26 May 1989 on general
conditions of hygiene in milk production holdings (6).

9. Council Directive 89/437/EEC of 20 June 1989 on hygiene
and health problems affecting the production and the
placing on the market of
last
amended by Directive 96/23/EC (8).

egg products (7), as

10. 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 (9), as last amended
by Directive 97/79/EC.

11. 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 (10), as last amended by
Directive 97/79/EC.

17. 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 (17).

Article 2

down

Annex II of Council Directive 92/118/EEC of 17 December
health
1992 laying
animal
requirements governing trade
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 (18), as last amended by Directive
97/79/EC (19), is hereby repealed.

health
and
in and imports

public

12. 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 poultrymeat (11), as
last amended by Directive 93/121/EC (12).

Article 3

Notwithstanding Article 1:

13. Council Directive 91/495/EEC of 27 November 1990
concerning public health and animal health problems

(1) OJ L 302, 31.12.1972, p. 24.
(2) OJ L 26, 31.1.1977, p. 67.
(3) OJ L 26, 31.1.1977, p. 85.
(4) OJ L 10, 16.1.1998, p. 25.
(5) OJ L 47, 21.2.1980, p. 4.
(6) OJ L 156, 8.6.1989, p. 30.
(7) OJ L 212, 22.7.1989, p. 87.
(8) OJ L 125, 23.5.1996, p. 10.
(9) OJ L 168, 24.9.1991, p. 1.
(10) OJ L 268, 24.9.1991, p. 15.
(11) OJ L 268, 24.9.1991, p. 35.
(12) OJ L 340, 31.12.1993, p. 39.

1. Until

for

for

the

storage

temperature

requirements

and
transport of products of animal origin and microbiological
these products have been established in
standards
accordance with the procedure laid down in Article 6 of
European Parliament and Council Regulation . . ./. . . on the
hygiene of foodstuffs, the requirements and standards laid
down in the Directives referred to in Articles 1 and 2 or
their implementing rules shall continue to apply.

(13) OJ L 268, 24.9.1991, p. 41.
(14) OJ L 268, 14.9.1992, p. 35.
(15) OJ L 268, 14.9.1992, p. 1.
(16) OJ L 187, 7.7.1992, p. 41.
(17) OJ L 368, 31.12.1994, p. 10.
(18) OJ L 62, 15.3.1993, p. 49.
(19) OJ L 24, 30.1.1998, p. 31.

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2. Implementing rules adopted on the basis of the Directives
referred to in Articles 1 and 2 shall remain in force until
they are replaced by rules having the same effect adopted
on the basis of

9 European Parliament and Council Regulation . . ./. . . on

the hygiene of foodstuffs,

9 European Parliament and Council Regulation . . ./. . .
laying down specific hygiene rules for food of animal
origin,

9 European Parliament and Council Regulation . . ./. . .
laying down detailed rules
the organisation of
official controls on products of animal origin intended
for human consumption,

for

9 Council Regulation . . ./. . .

laying down the animal
health rules governing the production, placing on the
market and importation of products of animal origin
intended for human consumption.

3. When the health mark prescribed in the Directives referred
from the one prescribed in
to in Article 1 is different
European Parliament and Council Regulation . . ./. . . laying
down specific hygiene rules for food of animal origin,
Member States shall ensure that the former health mark is
replaced by the latter at the latest five years after entry into
force of the said Regulation.

Article 4

Annex A of Council Directive 89/662/EEC is replaced by the
following:

?ANNEX A

CHAPTER I

CHAPTER II

and

down

animal

Council Directive 92/118/EEC of 17 December 1992
laying
health
health
requirements governing trade in and imports into the
said
Community of products not
requirements laid down in specific Community rules
to Directive 89/662/EEC
referred to in Annex A(1)
and, as regards pathogens,
to Directive 90/425/EEC
(with the exception of pathogens).@

to the

subject

public

Article 5

In Directive 91/67/EEC, Article 9 is replaced by the following:

?Article 9

The placing on the market for human consumption in an
approved zone of aquaculture products and molluscs
originating in a non-approved zone shall be subject to
the relevant requirements laid down in Council Regu-
lation . . ./. . .
(laying down the animal health rules
governing the production, placing on the market and
importation of products of animal origin intended for
human consumption).@

Article 6

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 1 January 2004 at
the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 7

9 Council Regulation . . ./. . ., of. . .

laying down the
animal health rules governing the production,
placing on the market and importation of products
of animal origin intended for human consumption,

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

9 The products of animal origin as referred to in
and Council Regulation

European
. . ./. . ., of . . ., on the hygiene of foodstuffs.

Parliament

Article 8

This Directive is addressed to the Member States.