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 on the hygiene of foodstuffs amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-04-28
Institutions: European Commission
Subjects: food hygiene, foodstuff, foodstuffs legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.04.2004 
COM(2004) 340 final 

2000/0178 (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 

On the hygiene of foodstuffs 

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

EN 

   EN 

 
 
 
OPINION OF THE COMMISSION 

2000/0178 (COD) 

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 

On the hygiene of foodstuffs 

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 European Parliament.  

2. 

BACKGROUND 

Date of adoption of the proposal by the Commission1 

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 of 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

27.06.2002

27.10.2003

30.03.2004

3. 

PURPOSE OF THE PROPOSAL 

First proposal of a package of five. Sets out the general hygiene rules applicable to 
all food. 

1 
2 
3 
4 

OJ C 365 E, 19.12.2000, p. 43. 
OJ C 155, 29.5.2001, p. 39. 
OJ C 180 E, 31.7.2003, p. 267. 
OJ C 48 E, 24.2.2004, p. 1. 

2 

 
 
  
 
                                                 
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  European  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  7  is  an  editorial  amendment  resulting  from  the  adoption  of 

amendment 11. 

•  Amendment  10  introduces  a  definition  of “primary  production”.  Useful  addition 

to the Regulation. 

•  Amendment  11  is  a  rather  editorial  amendment  that  aims  to  clarify  the 

responsibilities of the food business operators. 

•  Amendment  12  is  an  amendment  to  a  recital  and  introduces  a  statement  that 
encourages  Member  States  to  promote  the  implementation  of  the  HACCP 
principles  at  the  level  of  primary  production.  Since  it  does  not  impose  an 
obligation, the amendment is acceptable. 

•  Amendment 13: is also an editorial amendment that describes the possibilities for 
the  Commission  to  amend  the  annexes  using  the  comitology  procedure.  The 
amendment is acceptable since it does not affect the powers of the Commission. 

•  Amendment 14: editorial amendment on the comitology procedure that allows to 
grant derogations to the Annexes of the Regulation. The amendment is acceptable 
since it does not affect the powers of the Commission. 

•  Amendment  15:  editorial  amendment  on  a  technical  requirement  in  the  Annex. 

Does not affect the objectives of the Commission proposal. 

5. 

CONCLUSION 

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

3