Amended proposal for 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 (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-12-12
Institutions: European Commission
Subjects: agricultural waste, animal product, by-product, health legislation

30.4.2002

EN

Official Journal of the European Communities

C 103 E/55

Amended proposal for 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 (1)

(2002/C 103 E/09)

(Text with EEA relevance)

COM(2001) 747 final — 2000/0230(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 12 December 2001)

(1) OJ C 62 E, 27.2.2001.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social
Committee,

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) The animal and public health conditions for the processing
and disposal of animal waste and for the production,
placing on the market, trade and importation of products
of animal origin not intended for human consumption
were laid down in numerous Community acts.

(2) The rules contained in those acts have been replaced by
Regulation (EC) . . ./. . . of the European Parliament and of
the Council of
laying down the health rules
concerning animal by-products not intended for human
consumption.

[. . .]

(3) In order 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 completion of the internal market (1)
and 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(I) to
Directive 89/662/EEC and,
to
regards pathogens,
Directive 90/425/EEC (2), should therefore be amended,

as

___________
(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive

92/118/EEC.

(2) OJ L 62, 15.3.1993, p. 49. Directive as last amended by Decision

1999/724/EC (OJ L 290, 12.11.1999, p. 32).

C 103 E/56

EN

Official Journal of the European Communities

30.4.2002

INITIAL PROPOSAL

AMENDED PROPOSAL

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

‘Regulation (EC) . . ./. . . of the European Parliament and of
the Council
laying down the health rules concerning
animal by-products not intended for human consumption
(OJ L . . .).’

Article 2

Directive 92/118/EEC is amended as follows:

1. In Article 2, points (e) and (g) are deleted;

2. In Article 3,

in the first indent the following words are

deleted:
‘together with
consumption’;

gelatins

not

intended

for

human

3. In Article 10(2), point (b) is replaced by the following:

‘ (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’;

4. Annex I is amended as follows:

(a) Chapters 1, 3 and 4 are deleted;

(b) Chapter 5 is amended as follows:

(i) In the title, the following words are added:

‘intended for human consumption’;

(ii) In part A, the following is deleted:

‘A. where they are intended for human or animal

consumption’;

(iii) Part B is deleted;

(c) Chapter 6 is amended as follows:

(i) In the title, the following words are added:

‘intended for human consumption’;

(ii) Part I is amended as follows:

— Paragraph (A) is replaced by the following:

‘A. as

regards
document or
Directive
requirements of
complied with’;

trade,

certificate provided for
stating

to the production of
in
the
that Directive have been

that

77/99/EEC

30.4.2002

EN

Official Journal of the European Communities

C 103 E/57

INITIAL PROPOSAL

AMENDED PROPOSAL

— In paragraph (B)1, point (a) is replaced by the

following:

‘(a) the products

fulfil

the

requirements of

Directive 80/215/EEC’;

(d) In Chapter 7, part II is deleted;

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

Article 3

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive on (1). 1 February 2003. They shall
forthwith
inform the Commission thereof.

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

. . . (1). They shall

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

Unchanged

Article 4

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

Article 5

This Directive is addressed to the Member States.

___________
(1) This date must correspond to the date of application of the Regu-
lation on animal by-products not intended for human consumption.

___________
(1) This date must correspond to the date of application of the Regu-
lation on animal by-products not intended for human consumption.