Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-04-28
Institutions: European Commission
Subjects: animal product, food hygiene, food inspection, foodstuffs legislation, human nutrition

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.04.2004 
COM(2004) 342 final 

2002/0141 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL 

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

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty  

EN 

   EN 

 
 
 
2002/0141 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT 
AND OF THE COUNCIL 

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

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  that  the 
Commission is to deliver an opinion on the amendments proposed by the European 
Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the 
amendments proposed by Parliament. 

2. 

BACKGROUND 

Date of adoption of the proposal1 by the Commission 

Date of the opinion of the Economic and Social Committee2 

11.07.2002

26.02.2003

Date of the opinion of the European Parliament, first reading: 

05.06.2003

Date of political agreement in Council 

Date of adoption of the amended proposal. 

Date of adoption of the common position3: 

Adoption by Parliament of the Recommendation  
for a second reading : 

22.07.2003

21.10.2003

27.10.2003

30.03.2004

1 
2 
3 

OJ C 262 E, 29.10.2002, p. 449. 
OJ C 95, 23.4.2003, p. 22. 
OJ C 48 E, 24.2.2004, p. 82. 

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3. 

PURPOSE OF THE PROPOSAL 

Third  proposal  of  a  package  of  five  proposals  consolidating  and  updating  current 
Community rules on food hygiene. 

Main purpose of the proposal is to make the existing rules on official controls on the 
hygiene of food of animal origin more science- and risk-based, and to introduce the 
main principles of food law (farm-to-table principle, definition of the obligations of 
the competent authorities). The products that are affected by the proposal are meat, 
fishery products, bivalve molluscs, and milk. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

A  compromise  package  of  amendments  was  submitted  to  the  European  Parliament 
with the endorsement of the Council. 

The  following  amendments  approved  by  the  Parliament  reflect  the  compromise 
agreement reached between the three institutions: 

•  Amendment 11: technical amendment clarifying the need to proceed, in the event 
of the emergency slaughter of animals, to an examination of the carcase as soon as 
possible. 

•  Amendment 18: editorial amendment of the German version only. 

•  Amendment  19:  technical  amendment  that  must  ensure  that  control  staff,  in 
carrying  out  their  controls  tasks,  has  free  access  to  the  premises  of  food 
businesses. 

•  Amendment  20:  obliges  Member  States  to  ensure  that  there  is  sufficient  control 

staff for performing meat inspection in slaughterhouses. 

•  Amendment  22:  introduces  flexibility  with  regard  to  certain  control  activities  in 

small businesses 

The Commission accepted these amendments. 

The following amendments do not reflect the compromise reached between the three 
institutions: 

•  Amendments 9 and 14: these limit the possibility for slaughterhouse staff to assist 
the  official  veterinarian  in  carrying  out  meat  inspection  to  poultry  and  rabbits, 
excluding veal calves and fattening pigs. 

The Commission did not accept these two amendments. However, in order to reach a 
final  agreement  and  to  avoid  conciliation,  the  Council  is  prepared  to  accept 
amendments  9  and  14  provided  the  Commission  issues  the  declaration  in  Annex 
herewith.  Under  these  circumstances,  the  Commission  can  also  accept  the  final 
compromise which includes all of the amendments referred to above. 

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5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as 
set out above. 

4 

 
 
  
 
ANNEX 

Declarations  of  the  Commission  within  the  framework  of  the  second  reading  on  the 
proposal for a Regulation of the European Parliament and of the Council laying down 
specific  rules  for  the  organisation  of  official  controls  on  products  of  animal  origin 
intended for human consumption 

With regard to Article 5, paragraph 6 and Annex I, Section III, Chapter III, the Commission 
will,  as  soon  as  possible  after  the  entry  into  force  of  the  Regulation,  produce  a  report  on 
slaughterhouse staff assisting in meat inspection with a view to examine whether and under 
what  conditions  the  system  in  force  at  present  for  poultry  meat  and  rabbit  meat  can  be 
extended  to  other  species  such  as  fattening  pigs  and  veal  calves.  The  report  will  be 
accompanied by a legislative proposal as appropriate. 

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