DIRECTIVE 2004/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 21 APRIL 2004 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: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: animal product, foodstuff, health legislation, human nutrition

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DIRECTIVE 2004/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

of 21 April 2004 

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, 

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, 

Having consulted the Committee of the Regions, 

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

1 
2 
3 

OJ C 365 E, 19.12.2000, p. 132. 
OJ C 155, 29.5.2001, p. 39. 
Opinion of the European Parliament of 3 June 2003 (not yet published in the Official Journal), 
Council Common Position of 27 October 2003 (OJ C 48 E, 27.2.2004, p. 1) and Position of 
the European Parliament of 30 March 2004 (not yet published in the Official Journal). 

 
 
 
 
 
 
 
 
 
 
                                                 
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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…/2003 of the European Parliament and of the Council of........ on 
the hygiene of foodstuffs 1; 

Regulation (EC) No…/2003 of the European Parliament and of the Council of ...... 
laying down specific hygiene rules for food of animal origin 2; 

– 

Regulation (EC) No…/2003 of the European Parliament and of the Council of ...... 

laying down specific rules for the organisation of official controls on products of animal 
origin intended for human consumption 3; and 

– 

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 4. 

1 
2 
3 
4 

See p.          of this Official Journal. 
See p.          of this Official Journal. 
See p.          of this Official Journal. 
OJ L 18, 23.1.2003, p. 11. 

 
 
 
 
 
 
 
 
                                                 
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(3) 

It is therefore appropriate to repeal the earlier Directives.  Since Regulation (EC) No…/2003 ∗ 

provides for the repeal of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of 
foodstuffs 1, this Directive need only repeal the Directives concerning products of animal 

origin. 

(4)  The requirements of Council Directive 72/462/EEC 2 should continue to apply only to the 

import of live animals, since the new hygiene rules and Directive 2002/99/EC will supersede 

its rules on fresh meat and meat products. 

(5) 

It is necessary, however, to provide for certain implementing rules to remain in force pending 

the taking of necessary measures under the new legal framework. 

(6)  Amendments to Council Directives 89/662/EEC 3 and 92/118/EEC 4 and to Council 

Decision 95/408/EC 5 are also necessary to take account of the recasting exercise, 

∗  

1 
2  

3 

4 

5 

Note for Official Journal: Please insert here the No. of Regulation in first indent of 
Recital (2). 
OJ L 175, 19.7.1993, p. 1. 
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 from third countries 
(OJ L 302, 31.12.1972, p. 28).  Directive as last amended by Council Regulation (EC) 
No 807/2003 (OJ L 122, 16.5.2003, p. 36). 
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). 
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). 
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. 

 
 
 
 
 
 
 
                                                 
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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…/2003 ∗, No…/2003 ∗∗ and No…/2003 ∗∗∗. 

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 conditions for the production and 

marketing of fresh meat; 1 

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; 2 

3)  Council Directive 72/461/EEC of 12 December 1972 on health problems affecting 

intra-Community trade in fresh meat; 3 

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

Note for Official Journal: Please insert here the No. of Regulation in first indent of recital (2). 

∗  
∗∗   Note for Official Journal: Please insert here the No. of Regulation in second indent of 

recital (2). 

∗∗∗   Note for Official Journal: Please insert here the No. of Regulation in third indent of recital (2). 
1 
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). 
OJ L 55, 8.3.1971, p. 23.  Directive as last amended by Regulation (EC) No 807/2003. 
OJ L 302, 31.12.1972, p. 24.  Directive as last amended by Regulation (EC) No 807/2003. 
OJ L 26, 31.1.1977, p. 67.  Directive as last amended by Regulation (EC) No 807/2003. 

2 
3 
4 

 
 
 
 
 
 
 
 
 
 
 
                                                 
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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; 1 

6)  Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting intra-

Community trade in meat products; 2 

7)  Commission Directive 89/362/EEC of 26 May 1989 on general conditions of hygiene in milk 

production holdings; 3 

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; 4 

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; 5 

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; 6 

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; 7 

1 
2 
3 
4 
5 
6 
7 

OJ L 26, 31.1.1977, p. 85.  Directive as last amended by Regulation (EC) No 807/2003. 
OJ L 47, 21.2.1980, p. 4.  Directive as last amended by Regulation (EC) No 807/2003. 
OJ L 156, 8.6.1989, p. 30. 
OJ L 212, 22.7.1989, p. 87.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 268, 24.9.1991, p. 1.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 268, 24.9.1991, p. 15.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ  L  268,  24.9.1991,  p.  35.    Directive  as  last  amended  by  Directive 1999/89/EC  (OJ  L  300, 
23.11.1999, p. 17). 

 
 
 
 
 
 
 
 
 
                                                 
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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; 1 

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; 2 

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; 3 

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; 4 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. 5 

1 
2 
3 
4 
5 

OJ L 268, 24.9.1991, p. 41.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 268, 14.9.1992, p 35.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 268, 14.9.1992, p. 1.  Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 187, 7.7.1992, p. 41. 
OJ L 368, 31.12.1994, p. 10.  Directive as amended by Regulation (EC) No 806/2003. 

 
 
 
 
 
 
 
                                                 
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Article 3 

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

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. 

Article 4 

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: 

(a)  Regulation (EC) No…/2003 ∗; 

(b)  Regulation (EC) No…/2003 ∗∗ 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 …/2003 ∗∗∗, any such criteria or requirements laid 

down in the Directives referred to in Article 2, Annex II to Directive 92/118/EEC, or their 

implementing rules shall continue to apply. 

∗  

Note for Official Journal: Please insert here the No. of the Regulation in second indent of 
recital (2). 

∗∗   Note for Official Journal: Please insert here the No. of the Regulation in third indent of 

recital (2). 

∗∗∗   Note for the Official Journal: Please insert here the No. of the Regulation in the first indent of 

recital (2). 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
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3.   Pending the adoption of the necessary provisions on the basis of Regulations (EC) No…/2003 ∗, 

No…/2003 ∗∗, No…/2003 ∗∗∗, 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 1;  

(c) 

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

(d)  provisional lists of third countries and third country establishments drawn up in accordance 

with Decision 95/408/EC.  

Article 5 

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. 

Note for Official Journal: Please insert here the No. of Regulation in first indent of recital (2). 

∗  
∗∗   Note for Official Journal: Please insert here the No. of Regulation in second indent of 

recital (2). 

∗∗∗   Note for Official Journal: Please insert here the No. of Regulation in third indent of recital (2). 
1 

OJ L 168, 2.7.1994, p. 34. 

 
 
 
 
 
 
 
 
 
 
                                                 
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Article 6 

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

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"; 

 
 
 
 
 
 
 
 
 
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2)  Annex A shall be replaced by the following: 

"ANNEX A 

CHAPTER I 

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 * 

Regulation (EC) No   /2003 + of the European Parliament and of the Council of ...... laying 
down specific hygiene rules for food of animal origin ** 

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 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 *** 

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 62, 15.3.1993, p. 49.  Directive as last amended by Commission Decision 2003/42/EC 

OJ L 18, 23.1.2003, p. 11. 
OJ L ... ++.  

(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)". 

+  

Note to Official Journal: Please insert here the number and date of the Regulation referred to 
in the second indent of recital (2). 

++   Note to Official Journal: Please insert here the publication references of the Regulation 

referred to in the second indent of recital (2). 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
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Article 7 

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 

This Decision shall apply until the "relevant date", as defined in Article 1 of Directive 2003/…/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.*  

_________ 
* 

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. 

Note to Official Journal: Please insert here number and date of this Directive. 

+  
++   Note to Official Journal: Please insert here the publication references of this Directive. 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
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Article 9 

This Directive shall enter into force on the date of its publication in the Official Journal of the 

European Union. 

Article 10 

This Directive is addressed to the Member States. 

Done at Strasbourg, 29.4.2004 

For the European Parliament  

The President 

P. COX 

For the Council 

The President 

M. McDOWELL