Corrigendum to 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 (OJ L 157, 30.4.2004)
Date: 2004-06-02
Institutions: Council of the European Union, European Parliament
Subjects: animal product, foodstuff, health legislation, human nutrition

L 195/12

EN

Official Journal of the European Union

2.6.2004

Corrigendum to 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

(Official Journal of the European Union L 157 of 30 April 2004)

Directive 2004/41/EC should read as follows:

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 Commu-
nity, and in particular Articles 37, 95 and 152(4)(b) thereof,

— Regulation (EC) No 854/2004 of the European Parlia-
ment and of the Council of 29 April 2004 laying
down specific rules for the organisation of official
controls on products of animal origin intended for
human consumption (4),

Having regard to the proposal from the Commission (1),

and

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),

Whereas:

(1)

(2)

Several directives lay down animal and public health rules
for the production and placing on the market of products
of animal origin.

The following acts contain new rules recasting and updat-
ing the rules in those directives:

(3)

(4)

— Regulation (EC) No 852/2004 of the European Parlia-
ment and of the Council of 29 April 2004 on the
hygiene of foodstuffs (4),

— Regulation (EC) No 853/2004 of the European Parlia-
ment and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal
origin (4),

— Council Directive 2002/99/EC of 16 December 2002
laying down the animal health rules governing the
production, processing, distribution and introduction
of
human
products
consumption (5).

animal

origin

for

of

It is therefore appropriate to repeal the earlier directives.
Since Regulation (EC) No 852/2004 provides for the repeal
of Council Directive 93/43/EEC of 14 June 1993 on the
Hygiene of foodstuffs (6), this Directive need only repeal
the directives concerning products of animal origin.

The requirements of Council Directive 72/462/EEC (7)
should continue to apply only to the import of live ani-
mals,
rules and Directive
2002/99/EC will supersede its rules on fresh meat and
meat products.

the new hygiene

since

(5)

It is necessary, however, to provide for certain implement-
ing rules to remain in force pending the taking of neces-
sary measures under the new legal framework.

(1) OJ C 365 E, 19.12.2000, p. 132.
(2) OJ C 155, 29.5.2001, p. 39.
(3) Opinion of the European Parliament of 3 June 2003 (not yet pub-
lished in the Official Journal), Council Common Position of 27 Octo-
ber 2003 (OJ C 48 E, 24.2.2004, p. 131) and Position of the Euro-
pean Parliament of 30 March 2004 (not yet published in the Official
Journal).

(4) See page 139 of this Official Journal.

(5) OJ L 18, 23.1.2003, p. 11.
(6) OJ L 175, 19.7.1993, p. 1.
(7) 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 Regula-
tion (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

2.6.2004

EN

Official Journal of the European Union

L 195/13

(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,

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 (8);

HAVE ADOPTED THIS DIRECTIVE:

Article 1

6. Council Directive 80/215/EEC of 22 January 1980 on ani-
mal health problems affecting intra-Community trade in
meat products (9);

For the purposes of this Directive, the ‘relevant date’ shall mean
the date of application of Regulations (EC) No 852/2004, (EC)
No 853/2003 and (EC) No 854/2003.

7. Commission Directive 89/362/EEC of 26 May 1989 on gen-
eral conditions of hygiene in milk production holdings (10);

Article 2

8. Council Directive 89/437/EEC of 20 June 1989 on hygiene
and health problems affecting the production and the plac-
ing on the market of egg products (11);

The following directives shall be repealed with effect from the rel-
evant date:

1. Council Directive 64/433/EEC of 26 June 1964 on health
conditions for the production and marketing of
fresh
meat (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 (12);

2. Council Directive 71/118/EEC of 15 February 1971 on health
problems affecting the production and placing on the mar-
ket of fresh poultrymeat (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 (13);

3. Council Directive 72/461/EEC of 12 December 1972 on
health problems affecting intra-Community trade in fresh
meat (6);

4. Council Directive 77/96/EEC of 21 December 1976 on the
examination for trichinae (trichinella spiralis) upon importa-
tion from third countries of fresh meat derived from domes-
tic swine (7);

(1) Council Directive 89/662/EEC of 11 December 1989 concerning vet-
erinary checks in intra-Community trade with a view to the comple-
tion 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 patho-
gens, 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.

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 poultrymeat (14);

12. Council Directive 91/495/EEC of 27 November 1990 con-
cerning public health and animal health problems affecting
the production and placing on the market of rabbit meat and
farmed game meat (15);

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 (16);

(8) OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation

(EC) No 807/2003.

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

(EC) No 807/2003.

(10) OJ L 156, 8.6.1989, p. 30.
(11) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regulation

(EC) No 806/2003.

(12) OJ L 268, 24.9.1991, p. 1. Directive as last amended by Regulation

(EC) No 806/2003.

(4) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by Direc-

(13) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation

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

(EC) No 806/2003.

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

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

(EC) No 807/2003.

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

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

(15) OJ L 268, 24.9.1991, p. 41. Directive as last amended by Regulation

tion (EC) No 807/2003.

(EC) No 806/2003.

(7) OJ L 26, 31.1.1977, p. 67. Directive as last amended by Regulation

(16) OJ L 268, 14.9.1992, p. 35. Directive as last amended by Regulation

(EC) No 807/2003.

(EC) No 806/2003.

L 195/14

EN

Official Journal of the European Union

2.6.2004

14. Council Directive 92/46/EEC of 16 June 1992 laying down
the health rules for the production and placing on the mar-
ket of
raw milk, heat-treated milk and milk-based
products (1);

Pending the adoption of the necessary provisions on the
3.
basis of Regulations (EC) No 852/2004, (EC) No 853/2004, (EC)
No 854/2004 or Directive 2002/99/EC, the following acts shall
continue to apply mutatis mutandis:

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 (2);

(a)

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

and

(b)

implementing rules adopted on the basis of Annex II to
Directive
of
Decision 94/371/EC (4);

92/118/EEC,

exception

with

the

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 (3).

(c)

implementing
rules
Directive 72/462/EEC;

adopted

on

the

basis

of

Article 3

and

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

1.

2.

all references to ‘Annexes I and II’ are replaced by references
to ‘Annex I’;

in Article 4(1), ‘and Annex II as regards public health aspects’
is deleted;

and

3. Annex II is repealed.

(d) provisional lists of third countries and third-country estab-
lishments 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.

Article 4

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

referred

1. With effect from the relevant date, references to the direc-
tives
to
Directive 92/118/EEC shall be construed as being made, as the
context demands, to:

to in Article 2 or

to Annex

II

(a) Regulation (EC) No 853/2004;

(b) Regulation (EC) No 854/2004;

or

(c) Directive 2002/99/EC.

2.
Pending the adoption of microbiological criteria and tem-
perature control requirements in accordance with Article 4 of
Regulation (EC) No 852/2004, 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.

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

(EC) No 806/2003.

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

Article 6

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

1. The references:

(a)

in Article 1, to ‘products of animal origin which are cov-
ered 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’,

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

(EC) No 806/2003.

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

2.6.2004

EN

Official Journal of the European Union

L 195/15

2. Annex A is replaced by the following:

Article 7

‘ANNEX A

CHAPTER I

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

Article 9 of Decision 95/408/EC is 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 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 produc-
tion and placing on the market of certain products of animal ori-
gin intended for human consumption (*).

Regulation (EC) No 853/2004 of the European Parliament
and of the Council of 29 April 2004 laying down specific
hygiene rules for food of animal origin (**).

(*) OJ L 157, 30.4.2004.’

Article 8

CHAPTER II

Council Directive 92/118/EEC of 17 December 1992 laying
down animal health and public health requirements govern-
ing trade in and imports into the Community of products not
subject to the said requirements laid down in specific Com-
munity rules referred to in Annex A, Chapter I to Directive
89/662/EEC
to
as
Directive 90/425/EEC (***).

pathogens,

regards

and,

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

OJ L 18, 23.1.2003, p. 11.

(*)
(**) OJ L 139, 30.4.2004.
(***) 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).’

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 mak-
ing such references shall be laid down by Member States.

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, 21 April 2004.

For the European Parliament
The President
P. COX

For the Council
The President
M. McDOWELL