Common Position (EC) No 4/2004 of 27 October 2003 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 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC
Date: 2003-10-27
Institutions: Council of the European Union
Subjects: EC Directive, animal nutrition, common position, food hygiene, food production, foodstuff, health legislation, marketing standard

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COMMON POSITION (EC) No 4/2004

adopted by the Council on 27 October 2003

with a view to the adoption of a Directive 2004/. . ./EC of the European Parliament and of the
Council of . . . repealing certain Directives concerning food hygiene and health conditions for the
production and placing on the market of certain products of animal origin intended for human
consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision
95/408/EC

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

(2004/C 48 E/04)

— Regulation (EC) No . . ./2004 of

Parliament and of
specific hygiene rules for food of animal origin (5);

the Council of

. . .

the

European
laying down

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 (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

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

Whereas:

(1) Several Directives lay down animal and public health rules
for the production and placing on the market of products
of animal origin.

(2) The following acts contain new rules recasting and updating

the rules in those Directives:

— Regulation (EC) No . . ./2004 of

European
Parliament and of the Council of . . . on the hygiene
of foodstuffs (4);

the

(1) OJ C 365 E, 19.12.2000, p. 132, and OJ C . . . .
(2) OJ C 155, 29.5.2001, p. 39.
(3) Opinion of the European Parliament of 3 June 2003 (OJ C . . .),
Council Common Position of 27 October 2003 and Position of the
European Parliament of
(not yet published in the Official
Journal).

. . .

(4) See p. 1 of this Official Journal.

— Regulation (EC) No . . ./2004 of

European
Parliament and of
laying down
the Council of
specific rules for the organisation of official controls
on products of animal origin intended for human
consumption (6); and

the

. . .

— Council Directive 2002/99/EC of 16 December 2002
laying down the animal health rules governing the
production, processing, distribution and introduction
of
human
consumption (7).

products

animal

origin

for

of

(3) It is therefore appropriate to repeal the earlier Directives.
Since Regulation (EC) No . . ./2004 (4) provides for the
repeal of Council Directive 93/43/EEC of 14 June 1993
on the hygiene of foodstuffs (8), this Directive need only
repeal the Directives concerning products of animal origin.

(4) The requirements of Council Directive 72/462/EEC (9)
should continue to apply only to the import of
live
and Directive
the new hygiene
animals,
2002/99/EC will supersede its rules on fresh meat and
meat products.

since

rules

(5) It

is

necessary,

certain
implementing rules to remain in force pending the taking
of necessary measures under the new legal framework.

however,

provide

for

to

(5) See p. 23 of this Official Journal.
(6) See p. 82 of this Official Journal.
(7) OJ L 18, 23.1.2003, p. 11.
(8) OJ L 175, 19.7.1993, p. 1.
(9) Council Directive 72/462/EEC of 12 December 1972 on health and
veterinary inspection problems upon importation of bovine animals
and swine and fresh meat
(OJ L 302,
31.12.1972, p. 28). Directive as last amended by Council Regu-
lation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

from third countries

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(6) Amendments

to Council Directives 89/662/EEC (1) and
92/118/EEC (2) and to Council Decision 95/408/EC (3) are
also necessary to take account of the recasting exercise,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive, the ‘relevant date’ shall mean
the date of application of Regulations (EC) No . . ./2004 (4),
(EC) No . . ./2004 (5) and (EC) No . . ./2004 (6).

Article 2

The following Directives shall be repealed with effect from the
relevant date:

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

conditions for the production and marketing of
meat (7);

2. Council Directive 71/118/EEC of 15 February 1971 on
health problems affecting the production and placing on
the market of fresh poultry meat (8);

3. Council Directive 72/461/EEC of 12 December 1972 on
health problems affecting intra-Community trade in fresh
meat (9);

(1) 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 (OJ L 395, 30.12.1989, p. 13).
Directive as last amended by Regulation (EC) No 806/2003 (OJ L
122, 16.5.2003, p. 1).

(2) 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, Chapter I
to Directive 89/662/EEC and, as regards
pathogens, to Directive 90/425/EEC (OJ L 62, 15.3.1993, p. 49).
Directive as last amended by Commission Decision 2003/42/EC (OJ
L 13, 18.1.2003, p. 24).

(3) Council Decision 95/408/EC of 22 June 1995 on the conditions for
drawing up, for an interim period, provisional lists of third country
establishments from which Member States are authorised to import
certain products of animal origin, fishery products or live bivalve
molluscs (OJ L 243, 11.10.1995, p. 17). Decision as last amended
by Regulation (EC) No 806/2003.
(4) See page 1 of this Official Journal.
(5) See page 23 of this Official Journal.
(6) See page 82 of this Official Journal.
(7) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by

Directive 95/23/EC (OJ L 243, 11.10.1995, p. 7).

4. Council Directive 77/96/EEC of 21 December 1976 on the
examination for
spiralis) upon
importation from third countries of fresh meat derived
from domestic swine (10);

(Trichinella

trichinae

5. 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 (11);

6. Council Directive 80/215/EEC of 22 January 1980 on
animal health problems affecting intra-Community trade
in meat products (12);

7. Commission Directive 89/362/EEC of 26 May 1989 on
in milk production

conditions of hygiene

general
holdings (13);

8. Council Directive 89/437/EEC of 20 June 1989 on hygiene
and health problems affecting the production and the
placing on the market of egg products (14);

9. 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 (15);

10. 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 (16);

11. 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 poultry meat (17);

12. Council Directive 91/495/EEC of 27 November 1990
concerning public health and animal health problems
affecting the production and placing on the market of
rabbit meat and farmed game meat (18);

(10) OJ L 26, 31.1.1977, p. 67. Directive as last amended by Regu-

lation (EC) No 807/2003.

(11) OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regu-

lation (EC) No 807/2003.

(12) OJ L 47, 21.2.1980, p. 4. Directive as last amended by Regulation

(EC) No 807/2003.

(13) OJ L 156, 8.6.1989, p. 30.
(14) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regu-

lation (EC) No 806/2003.

(15) OJ L 268, 24.9.1991, p. 1. Directive as last amended by Regu-

lation (EC) No 806/2003.

(16) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regu-

lation (EC) No 806/2003.

(8) OJ L 55, 8.3.1971, p. 23. Directive as last amended by Regulation

(17) OJ L 268, 24.9.1991, p. 35. Directive as last amended by Directive

(EC) No 807/2003.

1999/89/EC (OJ L 300, 23.11.1999, p. 17).

(9) OJ L 302, 31.12.1972, p. 24. Directive as last amended by Regu-

(18) OJ L 268, 24.9.1991, p. 41. Directive as last amended by Regu-

lation (EC) No 807/2003.

lation (EC) No 806/2003.

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13. 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 (1);

14. 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 (2);

15. 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 (3); and

16. 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 (4).

Article 3

(EC) No . . ./2004 (7), or Directive 2002/99/EC, the following
acts shall continue to apply mutatis mutandis:

(a)

implementing rules adopted on the basis of the Directives
referred to in Article 2;

(b) implementing rules adopted on the basis of Annex II to
Directive 92/118/EEC, with the exception of Decision
94/371/EC (8);

(c)

implementing rules adopted on the basis of Directive
72/462/EEC; and

(d) provisional lists of third countries and third country estab-
drawn up in accordance with Decision

lishments
95/408/EC.

Directive 92/118/EEC shall be amended as follows with effect
from the relevant date:

Article 5

1. all references to ‘Annexes I and II’ shall be replaced by

references to ‘Annex I’;

2.

in Article 4(1), the words ‘and Annex II as regards public
health aspects’ shall be deleted; and

3. Annex II shall be repealed.

1.
As from 1 January 2005, the animal health rules laid
down in Directive 72/462/EEC shall continue to apply only
to the import of live animals.

2. With effect from the relevant date, Directive 72/462/EEC
shall continue to apply only to the import of live animals.

Article 4

Article 6

1. With effect
from the relevant date, references to the
Directives referred to in Article 2 or to Annex II to Directive
92/118/EEC shall be construed as being made, as the context
demands, to:

Directive 89/662/EEC shall be amended as follows with effect
from the relevant date:

(a) Regulation (EC) No . . ./2004 (5);

(b) Regulation (EC) No . . ./2004 (6) or

(c) Directive 2002/99/EC.

2.
Pending the adoption of microbiological criteria and
temperature control requirements in accordance with Article
4 of Regulation (EC) No . . ./2004 (7), any such criteria or
referred to in
requirements
laid down in the Directives
Article 2, Annex II
their
implementing rules shall continue to apply.

to Directive 92/118/EEC, or

1. The references:

(a)

in Article 1, to ‘products of animal origin which are
covered by the Directives listed in Annex A’; and

(b) in Article 4(1), to ‘products obtained in accordance with

the Directives referred to in Annex A’,

shall be replaced by ‘products of animal origin covered by
the acts referred to in Annex A’;

3.
Pending the adoption of the necessary provisions on the
basis of Regulations (EC) No . . ./2004 (5), (EC) No . . ./2004 (6),

2. Annex A shall be replaced by the following:

(1) OJ L 268, 14.9.1992, p. 35. Directive as last amended by Regu-

lation (EC) No 806/2003.

(2) OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation

‘ANNEX A

CHAPTER I

(EC) No 806/2003.

(3) OJ L 187, 7.7.1992, p. 41.
(4) OJ L 368, 31.12.1994, p. 10. Directive as amended by Regulation

(EC) No 806/2003.

(5) See page 1 of this Official Journal.
(6) See page 23 of this Official Journal.
(7) See page 82 of this Official Journal.

Council Directive 2002/99/EC of 16 December 2002 laying
down the animal health rules governing the production,
processing, distribution and introduction of products of
animal origin for human consumption (*).

(8) OJ L 168, 2.7.1994, p. 34.

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Regulation (EC) No . . ./2004 of the European Parliament
and of the Council of . . .
laying down specific hygiene
rules for food of animal origin (**).

conditions for the production and placing on the market
of certain products of animal origin intended for human
consumption (*)..

CHAPTER II

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
referred to in Annex A,
in specific Community rules
Chapter
regards
pathogens, to Directive 90/425/EEC (***).

to Directive 89/662/EEC and,

as

I

Regulation (EC) No 1774/2002 of the European Parliament
and of the Council of 3 October 2002 laying down health
rules concerning animal by-products not
intended for
human consumption (****).

___________

(*) OJ L 18, 23.1.2003, p. 11.
(**) OJ L . . . .
(***) OJ L 62, 15.3.1993, p. 49. Directive as last amended
by Commission Decision 2003/42/EC (OJ L 13,
18.1.2003, p. 24).

(****) OJ L 273, 10.10.2002, p. 1. Regulation as amended
by Commission Regulation (EC) No 808/2003 (OJ L
117, 13.5.2003, p. 1).’

___________
(*) OJ L . . .’.

Article 8

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

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

Article 9

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

Article 7

This Directive is addressed to the Member States.

Article 10

Article 9 of Decision 95/408/EC shall be replaced by the
following, with effect from the date of entry into force of
this Directive:

‘Article 9

Done at . . .

the “relevant date”, as
This Decision shall apply until
defined in Article 1 of Directive 2004/. . ./EC of
the
European Parliament and of the Council of . . . repealing
certain Directives concerning food hygiene and health

For the European Parliament

The President

For the Council

The President

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

In July 2000, the Commission proposed a Directive 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.

The European Parliament adopted an opinion on the proposed Directive in June 2003. The Economic
and Social Committee adopted an opinion in March 2001 (1).

After considering these opinions, the Council adopted a common position on 27 October 2003.

II. OBJECTIVE

The proposed Directive is the fifth element of a package of five proposals with the aim of consoli-
dating, updating and simplifying Community legislation on food hygiene while ensuring a high level of
protection of public health. The Council simultaneously adopted common positions on all of the four
proposals subject to the co-decision procedure (2).

The Directive provides for housekeeping measures for the transition from existing hygiene rules to the
new hygiene legislation. In particular, it would:

— repeal a number of existing Directives laying down hygiene or health rules for various products of

animal origin;

— amend or alter the application of other existing Directives and one Decision; and

— maintain existing implementing measures in force until necessary measures can be adopted under

the new hygiene legislation.

III. ANALYSIS OF THE COMMON POSITION

A. Date of application (Article 1)

The Council agrees that all elements of the hygiene package should take effect at the same time.
However, it believes that an explicit statement to this effect would provide greater legal certainty. In
the common position, therefore, Article 1 of the Directive defines as the ‘relevant date’ the date of
application of the three Regulations establishing the new hygiene rules. Subsequent Articles provide
for the necessary measures to apply with effect from this date.

The common position is thus consistent with the aim of the sole amendment in the European
Parliament's first-reading opinion.

B. Repeal of existing Directives (Article 2)

In the common position, Article 2 of the Directive provides for the repeal of existing Directives
laying down rules for products of animal origin. In the common position on the Regulation on the
hygiene of foodstuffs, Article 17 provides for the repeal of Directive 93/43/EEC, which lays down
hygiene rules for all types of food.

(1) The Committee of the Regions decided not to provide an opinion.
(2) In December 2002, the Council adopted Directive 2002/99/EC laying down animal health rules governing the
production, processing, distribution and introduction of products of animal origin for human consumption, on
the basis of the Commission's fourth proposal.

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C. Directive 92/118/EEC (Article 3)

In addition to providing for the repeal of Annex II to Directive 92/118/EEC, the common position
provides for consequential amendments to other provisions of that Directive.

D. Interpretative and saving clauses (Article 4)

Article 4(1) provides for references to the provisions that would be repealed pursuant to Articles 2
and 3 to be interpreted as references to the new hygiene and health rules.

Article 4(3) provides for a temporary reprieve for certain existing implementing rules. Compared to
the Commission's original proposal, it:

— clarifies that it would be possible to repeal such rules without replacement if they are no longer

necessary;

— covers provisional

lists of

third countries and third country establishments drawn up in

accordance with Decision 95/408/EC;

— covers implementing rules adopted on the basis of Directive 76/462/EEC; and

— does not cover Decision 94/371/EC since its rules would add nothing to those of the new

Regulations.

The provision on health marks in Article 3(3) of the Commission's original proposal is no longer
necessary, since the new hygiene Regulations contain relevant provisions.

E. Adaptation of existing legislation (Articles 5, 6 and 7)

The common position incorporates consequential changes
89/662/EEC.

to the amendments to Directive

It does not provide for any amendment of Directive 91/67/EEC, since the adoption of Directive
2002/99/EC has made this unnecessary.

It provides for an amendment to Decision 95/408/EC to extend its application until the new
hygiene legislation takes effect. This is necessary since that Decision would currently expire on
31 December 2003, while a new legal basis to draw up and update lists of third countries and third
country establishments will not be available until after adoption of the hygiene package.

It also contains a provision adapting the scope of application of Directive 76/462/EEC. Since the
new hygiene rules will supersede its rules on fresh meat and meat products, it provides for the
requirements of that Directive to continue to apply only in respect of the importation of live
animals.

IV. CONCLUSION

The Council is pleased to note that the Commission accepts its common position and that the draft
Regulation is consistent with the aim of the amendment that the European Parliament adopted at first
reading. It hopes that this will permit the rapid adoption of the Directive and of the remainder of
hygiene package.