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 hygiene rules for food of animal origin 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 safety, foodstuff, foodstuffs legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.4.2004 
COM(2004) 344 final 

2000/0179 (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 hygiene rules for food of animal origin 

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

EN 

   EN 

 
 
 
  
2000/0179 (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 hygiene rules for food of animal origin 

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 European Economic and Social 
Committee2 

Date of the opinion of the European Parliament3, first reading: 

Date of adoption of the amended proposal 

Date if political agreement in Council 

Date of adoption of the common position4: 

Adoption by Parliament of the Recommendation  
for a second reading : 

14.07.2000

28.03.2001

15.05.2002

27.01.2003

16.12.2002

27.10.2003

30.03.2004

1 
2 
3 
4 

OJ C 365 E, 19.12.2000, p. 58. 
OJ C 155, 29.5.2001, p. 39. 
OJ C 180 E, 31.7.2003, p. 288. 
OJ C 48 E, 24.2.2004, p. 23. 

2 

 
 
  
 
                                                 
3. 

PURPOSE OF THE PROPOSAL 

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

It  aims  in  particular  to  recast  Community  rules  on  the  hygiene  of  food  of  animal 
origin.  It  contains  rules  for  meat  and  meat  products,  fishery  products,  bivalve 
molluscs, milk and milk products, eggs and egg products, and their by-products for 
human consumption. 

The main purpose of the proposal is to simplify existing rules. 

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. 

As  the  amendments  approved  by  the  Parliament  reflect  the  compromise  agreement 
reached  between  the  three  institutions,  the  compromise  is  acceptable  to  the 
Commission. 

The compromise package contains the following amendments: 

•  Amendment 9 (recital 19) emphasises the need for the Commission to coordinate 
the  procedure  that  allows  Member  States  to  deviate  from  the  hygiene  rules  in 
order  to  accommodate  the  needs  of  businesses  applying  traditional  methods  of 
food production. 

•  Amendment  10  is  an  editorial  amendment that  describes  the  possibilities  for  the 
Commission  to  amend  the  annexes  using  the  comitology  procedure.  The 
amendment does not affect the powers of the Commission to use the comitology 
procedure. 

•  Amendment 11 is an editorial amendment that clarifies the obligation of hunters 

with regard to food safety. 

5. 

CONCLUSION 

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

3