Amended 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 (presented by the Commission pursuant to article 250(2) of the EC Treaty)
Date: 2003-07-23
Institutions: European Commission
Subjects: animal product, drafting of EU law, food inspection, foodstuffs legislation, health legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.07.2003
COM(2003) 455 final

2000/0182 (COD)

Amended 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

(presented by the Commission pursuant to article 250(2)
of the EC Treaty)

I.

1.

2.

3.

II.

4.

EXPLANATORY MEMORANDUM

PROCEDURE

On  14  July  2000,  the  Commission  adopted  a  package  of  five  proposals  aiming  to
recast  Community  food  hygiene  legislation  [Document  COM  (2000)  438].  The
package was submitted to the Council and the European Parliament on 24 July 2000
for adoption by co-decision.

(Except for the fourth proposal of the package which was based on Article 37 of the
Treaty and already adopted as Council Directive 2002/99/EC).

On  3  June  2003,  the  European  Parliament  has  in  first  reading  given  a  favourable
opinion  on  the  fifth  proposal  [2000/0182(COD)]  of  the  package,  with  one
amendment, accepted by the Commission.

(A favourable opinion on  the  first  and  second  proposals  was  already  given  in  May
2002, and a favourable opinion on the third proposal was given on 5 June 2003).

The  present  proposal  amends  the  fifth  proposal  of  the  package  so  as  to  take  into
account the amendment of the European Parliament.

OBJECTIVES OF THE PROPOSAL

The  proposal  aims  to  repeal  17  Council  Directives  further  to  the  recast  of  the
Community rules on food hygiene.

The  proposal  also  contains  a  “standstill”  clause  that  must  ensure  that  the
implementing decisions based on these 17 Directives remain in place.

III.

OVERVIEW OF AMENDMENTS OF THE EUROPEAN PARLIAMENT

5.

The proposal foresees that:

“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.”

The amendment of the European Parliament states that:

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative
provisions necessary to comply with this Directive by [ insert date : (one year after the
entry into force of the Directive)]. They shall forthwith inform the Commission thereof.

This  seems  a  reasonable  approach  since  the  formal  adoption  of  the  package  of
proposals is foreseen for after 1 January 2004.

IV.

6.

CONCLUSION

Pursuant to Article 250(2) of the EC-Treaty, the Commission amends it proposals in
accordance with the lines set out above.

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