REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin
Date: 2024-02-14
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: European Commission, animal product, delegated legislation, food inspection, food safety, foodstuff, health control, health legislation, powers of the institutions (EU)

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  EN 

   EUROPEAN COMMISSION  Brussels, 14.2.2024  COM(2024) 66 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin  
 
 
1. 

INTRODUCTION 

Regulation  (EC)  No  853/2004  laying  down  specific  hygiene  rules  for  food  of  animal 
origin was adopted in 2004. It entered into force on 20 May 2004 and applied from 1 
January 2006. 

The  Regulation  replaced  the  entire  body  of  harmonised  public  health  legislation    (16 
directives) and provides for simpler and more flexible rules, while ensuring a risk-based 
approach  and  the  responsibility  of  food  business  operators  for  the  safety  of  their 
products. 

The Regulation empowers the Commission to adopt a number of delegated acts. It also 
imposes on the Commission the obligation to report to the co-legislators on the exercise 
of the delegated powers it contains. 

2.  LEGAL BASIS 

This report is required under Article 11a(2) of Regulation (EC) No 853/2004. Pursuant 
to this provision, the power to adopt delegated acts concerning the matters listed therein 
is  conferred on the Commission  for a period of five years from  26 July  2019 and the 
Commission  is  required  to  prepare  a  report  in  respect  of  the  delegation  of  power  not 
later than nine months before the end of the five-year period. 

As  set  out  in  Article  11a(2),  the  Commission  is  empowered  to  adopt  delegated  acts 
referred  to  in  Articles  3(2),  8(3),  point(a),  and  10(1)  and  (2)  of  Regulation  (EC)  No 
853/2004. 

Article 11a(2) of that Regulation lays down that the delegation of power shall be tacitly 
extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council  opposes  such  extension  not  later  than  three  months  before  the  end  of  each 
period, while Article 11a(3) states that the delegation of powers referred to in Articles 
3(2), 8(3), point(a), and 10(1) and (2) of Regulation (EC) No 853/2004 may be revoked 
at any time by the European Parliament or by the Council. 

3.  EXERCISE OF THE DELEGATION 

During  the  reporting  period,  the  Commission  exercised  its  delegated  powers  by 
adopting the following delegated acts, using the empowerment under Article 10(1): 

•  Commission  Delegated  Regulation  (EU)  2020/2192  of  7  December  2020 
amending  Annex  II  to  Regulation  (EC)  No  853/2004  of  the  European 
Parliament and of the Council as regards the identification mark to be used for 
certain products of animal origin in the United Kingdom in respect of Northern 
Ireland1; 

•  Commission Delegated Regulation (EU) 2021/1374 of 12 April 2021 amending 
Annex III to Regulation (EC) No 853/2004 of the European Parliament and of 
the  Council  on  specific  hygiene  requirements  for  food  of  animal  origin2  in 

1 OJ L 434, 23.12.2020, p. 10. 
2 OJ L 297, 20.8.2021, p. 1. 

1 

 
 
 
relation  to  cheese,  emergency  slaughter,  mobile  slaughterhouses,  freezing  of 
meat… 

•  Commission  Delegated  Regulation  (EU)  2022/2258  of  9  September  2022 
amending  and  correcting  Annex  III  to  Regulation  (EC)  No  853/2004  of  the 
European  Parliament  and  of  the  Council  on  specific  hygiene  requirements  for 
food  of  animal  origin  as  regards  fishery  products,  eggs  and  certain  highly 
refined  products,  and  amending  Commission  Delegated  Regulation  (EU) 
2019/624 as regards certain bivalve molluscs3; 

•  Commission  Delegated  Regulation  (EU)  2023/166  of  26  October  2022 
correcting  the  French  language  version  of  Annex  III  to  Regulation  (EC)  No 
853/2004 of the European Parliament and of  the Council laying down specific 
hygiene rules for food of animal origin4 as regards the absence of an obligation 
to empty, scald or bleach stomachs. 

The empowerment under Article 3(2) has not been used during the reporting period as 
no  request  to  authorise  a  substance  other  than  potable  water  to  remove  surface 
contamination  from  products  of  animal  origin  with  a  favourable  EFSA  opinion  has 
been made to the Commission. 

The empowerment under Article 8(3), point (a), has not been used during the reporting 
period because there was no need to adapt the requirements on special guarantees.  

The  empowerment  under  Article  10(2)  has  not  been  used  during  the  reporting  period 
because there was no need to grant derogations from Annexes II and III. 

The Commission  is  currently preparing a Delegated Regulation  amending Annexes  II 
and  III  of  Regulation  (EC)  No  853/2004  as  regards  specific  requirements  for  certain 
meat, fishery products, dairy products and eggs. 

4.  CONCLUSION 

The Commission sees the need to extend the empowerments conferred to it under Regulation 
(EC) No 853/2004, in accordance with Article 11a(2) of that Regulation, as it may have to act 
in  the  respective  areas  in  the  future.  The  extension  of  the  delegation  of  powers  will  be 
particularly  important  to  provide  the  necessary  flexibility  of  this  legal  framework,  to 
complement and adjust it regularly, taking into account in particular the experience gained by 
food business operators or competent authorities, the experience gained by the Commission, 
the 
in  pattern  of 
consumption.With  this  report,  the  Commission  complies  with  the  reporting  requirement 
under  Article  11a(2)  of  Regulation  (EC)  No  853/2004  and  invites  the  European  Parliament 
and the Council to take note of this report. 

scientific  advice  and  changes 

technological  developments, 

3 OJ L 299, 18.11.2022, p. 5. 
4 OJ L 24, 26.1.2023, p. 1. 

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