CELEX: 51993PC0219
Language: en
Date: 1993-05-19
Title: Re-examined proposal for a COUNCIL DIRECTIVE on the Hygiene of Foodstuffs

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            C0M(93) 219 final - SYN 376
                                                            Brussels, fo May 1993
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EU"**                                   He-examined proposal for a
                                             COUNCIL DIRECTIVE
                                      on the Hygiene of Foodstuffs
                        (presented by the Commission pursuant to Article 149.2(d)
                                            of the EEC treaty)
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                          Explanatory Memorandum
The proposal regards a horizontal Directive relating to foodstuffs and
undertakings which deal with foodstuffs.
The Commission adopted the proposal on 10 January 1992. It was sent to
 the Council on 14 January 1992.
The Committee on the Environment, Public Health and Consumer Protection
delivered its opinion on 25 September 1992, incorporating also the
opinion of the Committee on Economic and Monetary Affairs and Industrial
Policy, delivered on 15 April 1992.
The opinion of the Economic and Socical Committee was voted on 26 May
1992.
The opinion   of the European Parliament was adopted on 29 October 1992.
The Commission adopted a modified Proposal on 10 December 1992.
The Council adopted the Common Position on 17 December 1992.
The European Parliament received the Common Position on 11 February
199J.
At its Plenary Session, on 20 April 1993, the European Parliament voted
a recommendation ( document A3-0126/93-PE 204.176 def.) introducing 11
amendments. (14 amendments were tabled, amendments 1 and 2 were rejected
and amendment 13 was annuled)
 ---pagebreak---                                  - 3 -
Amendment 3  Proposes to consolidate the specific Community food
             hygiene rules under this Directive
             The Commission did not accept beforehand the idea of
             consolidation when the study, to which the Commission has
             committed itself, has not been finished. It therefore
             rejected the amendment.
Amendment 4  Requires risk-related frequency of inspection for all food
            businesses
            The Commission accepted the principle of risk-related
             inspections (the first part of the amendment) but rejected
            the proposed minimum interval of 2 years, which is not
            meaningful in all situations.
Amendment 5 Control of foodstuffs imported into the Community
            The amendment refers to the obligation for the competent
            authorities to control whether imported foodstuffs comply
            with the general requirement formulated in article 3.1 of
            the Directive and not to the more specific requirements of
            paragraphs 2 and 3, which cannot be controlled. The
            Commission accepted this amendment.
 ---pagebreak---                                          - 4 -
/•.'••lencî/flent G Asks Commission to undertake a study on Community-wide
                     standards for education and training of food handlers.
                    Changes the provision in the Annex on training into an
                     art icle.
                    The Commission is prepared to undertake a study of current
                     levels of education, training and qualifications on the
                    principles of microbiology and food hygiene and to report
                     to Parliament within 2 years about the results. The
                    Commission is not in favour of Community-wide standards,
                    this being far too detailed and against the principle of
                    the Directive. By leaving this provision in the Annex,
                    additional requirements on training in the various food
                    business sectors may be formulated in the form of guides
                    to good hygiene practice. The Commission rejected the
                    amendment.
Amendment 7         Opens the possibility for the competent authorities to
                    close part of the undertaking.
                    Commission accepted this amendment: the Article makes it
                    already possible to close the whole of the undertaking.
Amendment 8         Gives the undertaking the right to compensation if. on
                    appeal. It is found that incorrect action has been
                    enforced.
                    The Commission rejected this amendment, this being a
                    matter for the national law-giver to decide upon. Moreover
                    it can be argued that the hygiene Directive is not the one
                    in which to regulate this.
 ---pagebreak---                                   - 5 -
 Amendment 9  Requires as far as reasonably practicable protection
              against external sources of contamination.
              The Commission rejected this amendment because the word
              "protection" in the text covers sufficiently the meaning
              of this amendment so that the addition of the words
              "as far as reasonably practicable" is superfluous.
Amendment 10  Adds to chapter 1 of the Annex the requirement that
              provisions for washing food must be separate from the hand
             washing faciIity.
              The Commission  accepted this amendment on condition that
              the words: When necessary are added.
Amendment 11 Requires where appropriate every person working in a food
             handling area to wear suitable clothing.
             Commission accepted the amendment (with editorial
             changes). The addition of the word "where appropriate"
             made the amendment acceptable.
Amendment 12 Requires specific storage conditions for packaging
             materials.
             The Commission rejected this amendment. It is unnecessary
             as adequate rules for packaging materials are mentioned in
             Chapter V of the Annex.
Amendment 14 Requires that all other linguistic versions of paragraph 2
             of chapter IV of the Annex be brought into line with the
             French version.
             The French text is the one the Commission prefers and it
             therefore accepted the amendment.
 ---pagebreak---                                    - 6 -
                         Reexamined proposal for a
                             CounciI Direct ive
                       on the Hygiene of Foodstuffs
The Commission did not agree to the proposed change of Article 14. The
Commission maintains its proposal thereto and subject to the following
amendments, the Commission is in agreement with the common   position
stated in Council document n' 10883/1/92.
1.     Add the following subparagraph to Article 8 paragraph 2 (a)
       Member States shall provide that all food premises are inspected
       at a frequency which has regard to the risk associated with the
       premises.
2.     Change article 8 paragraph 3 as follows.
       The competent authorities shall ensure that controls on
       foodstuffs imported into the Community are carried out in
       accordance with Directive 89/397EEC for the purpose of ensuring
       that the relevant provisions of Article 3.1  and, where
       appropriate, any provisions laid down pursuant to Article 4, are
       being observed.
 ---pagebreak---                                  - 7 -
 3.  Cftange Article 9 paragraph t as fellows.
     If while carrying out the controls referred to in Article 8,the
     competent authorities ascertain that failure to comply with the
     provisions of Article 3, or where appropriate, any provisions
     laid down pursuant to Article 4 might result in risks to the
     safety or who Iesomeness of foodstuffs they shall take appropriate
     measures, which may extend to the withdrawal and/or the
     destruction of the foodstuff or to the closure of a11 or part of
     the undertaking for an appropriate period of time.
 4.  Change Chapter I paragraph 4 of the Annex as follows.
     Washbasins for cleaning hands must be provided with hot and cold
     running water, materials for cleaning hands and for hygienic
     drying. When necessary the provisions for washing food must be
    separate from the hand washing facility.
5.  Change Chapter IV paragraph 2 of the Annex as follows.
    Such receptacles in vehicles and/or containers must not be used
    for transporting anything other than foodstuffs where this may
    result in contamination of foodstuffs.
    Bulk foodstuffs in liquid, granular or powder form must be
    transported In receptacles and/or containers/tankers reserved for
    the transport of foodstuffs. Such containers must be marked in a
    clearly visible and indelible fashion, in one or more Community
     languages, to show that they are used for the transport of
    foodstuffs, or must be marked "for foodstuffs only".
6.  Change Chapter VIII paragraph 1 of the Annex as follows.
    Every person working in a food handling area shall maintain a
    high degree of personal cleanliness and where appropriate shall
    wear suitable, clean, protective clothing.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(93) 219 final
                                                      DOCUMENTS
EN                                                                         10 05
                                 Catalogue number : CB-CO-93-246-EN-C
                                                             ISBN 92-77-55863-6
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