Common Position (EC) No 11/2002 of 20 November 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products
Date: 2001-11-20
Institutions: Council of the European Union
Subjects: animal disease, animal nutrition, animal product, health legislation, human nutrition, public health

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COMMON POSITION (EC) No 11/2002

adopted by the Council on 20 November 2001

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council
of . . . amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements
for animal by-products

(2002/C 45 E/05)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

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(I) to Directive
89/662/EEC and,
to Directive
90/425/EEC (6), should therefore be amended,

regards pathogens,

as

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

HAVE ADOPTED THIS DIRECTIVE:

Having regard to the opinion of
Committee (2),

the Economic and Social

Article 1

Having consulted the Committee of the Regions,

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

Whereas:

(1) Numerous Community acts lay down animal and public
the processing and disposal of
the production, placing on the
trade and importation of products of animal

for
health conditions
animal waste and for
market,
origin not intended for human consumption.

(2) Regulation (EC) No . . ./2001 of the European Parliament
and of the Council of . . .
laying down the health rules
concerning animal by-products not intended for human
consumption (4) has replaced the rules contained in those
acts.

(3) To take account of

those new rules, Council Directive
90/425/EEC of 26 June 1990 concerning veterinary and
zootechnical checks applicable in intra-Community trade
in certain live animals and products with a view to the
and Council
completion of

internal market (5)

the

(1) OJ C 62 E, 27.2.2001, p. 166.
(2) OJ C 193, 10.7.2001, p. 31.
(3) Opinion of the European Parliament of 12 June 2001 (not yet
Journal), Council Common Position of
published in the Official
20 November 2001 and Decision of the European Parliament of
. . . (not yet published in the Official Journal).

(4) OJ L . . .
(5) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

92/118/EEC (OJ L 62, 15.3.1993, p. 49).

In Directive 90/425/EEC, the seventh indent of Section 1 of
Chapter I of Annex A shall be replaced by the following:

(cid:145)Regulation (EC) No . . ./2001 of the European Parliament
and of the Council of . . .
laying down the health rules
concerning animal by-products not intended for human
consumption (OJ L . . .).(cid:146)

Article 2

Directive 92/118/EEC is amended as follows:

1. In Article 2, points (e) and (g) shall be deleted.

2. Article 3 shall be amended as follows:

(a)

in the first indent, the following words shall be deleted:

(cid:145)together with gelatins not
consumption(cid:146), and

intended for human

(b) the second indent shall be replaced by the following:

(cid:145)any new product of animal origin intended for human
in a
consumption whose placing on the market
Member State is authorised after the date provided
for in Article 20 may not be the subject of trade or
importation until
a decision has been taken in
accordance with the first paragraph of Article 15
the
after evaluation,
opinion of the Scientific Veterinary Committee set up

if appropriate in the light of

(6) OJ L 62, 15.3.1993, p. 49. Directive as

last amended by

Commission Decision 2001/7/EC (OJ L 2, 5.1.2001, p. 27).

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by Decision 81/651/EEC, of the real risk of the spread
of serious transmissible diseases which could result
from movement of
the
species from which the product originates but also
species which could carry the disease,
for other
become a focus of disease or a risk to human health;(cid:146).

the product, not only for

Directive
requirements of
complied with(cid:146);

77/99/EEC,

stating

the
that Directive have been

that

(cid:151) in paragraph (B)1, point (a) shall be replaced by

the following:

3. In Article 10(2), subparagraph (b) shall be replaced by the

(cid:145)(a)

following:

the products
Directive 80/215/EEC(cid:146);

fulfil

the requirements of

(cid:145)(b) unless otherwise specified in Annex II, products must
come from establishments on a Community list to be
drawn up in accordance with the procedure laid down
in Article 18;(cid:146).

(d) in Chapter 7, Part II shall be deleted, and

(e) Chapters 8, 10 and 12 to 15 shall be deleted.

4. Annex I shall be amended as follows:

Article 3

(a) Chapters 1, 3 and 4 shall be deleted;

(b) Chapter 5 shall be amended as follows:

(i) in the title, the following words shall be added:

(cid:145)intended for human consumption(cid:146);

(ii) in Part A, the following shall be deleted:

(cid:145)A. where they are intended for human or animal

consumption:(cid:146);

(iii) Part B shall be deleted;

(c) Chapter 6 shall be amended as follows:

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
forthwith inform the
Directive on . . . (*). They
Commission thereof.

shall

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

Article 4

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

(i) in the title, the following words shall be added:

Article 5

(cid:145)intended for human consumption(cid:146);

This Directive is addressed to the Member States.

(ii) Part I shall be amended as follows:

Done at . . .

(cid:151) paragraph (A)
following:

shall

be

replaced by

the

(cid:145)A. As regards trade, to the production of the
in
document or certificate provided for

For the European Parliament

The President

For the Council

The President

(*) This date must correspond to the date of application of Regulation
the
laying down health rules concerning animal

(EC) No . . .
Council of
by-products not intended for human consumption.

the European Communities and of

/2001 of
. . .

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

The Commission proposed a Directive amending Council Directives 90/425/EEC and 92/118/EEC as
regards health requirements for animal by-products in October 2000.

The European Parliament adopted an opinion on the proposed Directive at first reading on 12 June
2001. The Economic and Social Committee adopted an opinion on 26 April 2001 (1).

After considering these opinions, the Council adopted a Common Position on 20 November 2001.

II. OBJECTIVE OF THE PROPOSED DIRECTIVE

The proposed Directive is a housekeeping measure. It would avoid overlap between the proposed
Regulation laying down health rules concerning animal by-products not
intended for human
consumption (2) and two existing Directives.

III. ANALYSIS OF THE COMMON POSITION

A. Implementation date

The Commission’s proposal envisages that Member States would have to implement the Directive
by 1 February 2003. This is the date of application that the Commission proposed for the
intended for human
Regulation laying down health rules concerning animal by-products not
consumption.

The European Parliament has proposed that the Regulation apply from 1 January 2002. It has also
proposed a consequential amendment to the Directive, which would require Member States to
implement its provisions by the same date.

The Council fully accepts the principle of Parliament’s proposed amendments: that the two acts
should take effect as soon as practicable. It believes that the Regulation should apply, and the
implementation of the Directive should have to be completed, six months after their entry into
force.

The Common Position adopted by the Council with a view to the adoption of the Directive would
therefore require Member States to implement the provisions of the Directive by the date of
application of the Regulation.

B. New products

Compared to the Commission’s proposal,
the Common Position provides for an additional
amendment to Article 3 of Directive 92/118/EEC. This is a consequential amendment, to prevent
overlap between that Directive and the Regulation laying down health rules concerning animal
by-products not intended for human consumption.

The Common Position adopted by the Council with a view to the adoption of the Regulation
contains a new Article 3(2). This would make clear that Member States could regulate the
importation and placing on the market of products for which the Annexes to the Regulation
contain no rules.

The similar rule in Article 3 of Directive 92/118/EEC is therefore no longer necessary. The Common
Position adopted by the Council would restrict its scope to products of animal origin intended for
human consumption.

(1) The Committee of the Regions decided not to provide an opinion.
(2) The Council adopted a Common Position with a view to the adoption of the Regulation at the same time as it

adopted a Common Position with a view to the adoption of the Directive.

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IV. CONCLUSION

The Council welcomes the fact that it has been able to incorporate the principle of the European
Parliament’s amendment in its Common Position. It hopes that this will facilitate the rapid and
simultaneous adoption of the Directive and the related Regulation on animal by-products.