扫描二维 分享好友和朋友圈
of 31 October 2013
laying down transitio
nal measures for the application of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Havin
g regard to 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 [1], and in particular the first paragraph of Article 9 thereof,
Havin
g regard to Regulation (EC) No 854/2004 of the European Parliament 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 co
nsumption [2], and in particular the first paragraph of Article 16 thereof,
Wher
eas:
(1) Regulations (EC) No 853/2004 and (EC) No 854/2004 provide for significant changes to the rules and procedures to be complied with by food business operators and the competent authorities of the Member States. Those Regulations apply from 1 January 2006. However, the application of a number of those rules and procedures with immediate effect from that date would have presented practical difficulties in certain cases.
(2) Accordingly, Commission Regulation (EC) No 1162/2009 of 30 November 2009 laying down transitio
nal measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council [3] lays down transitio
nal measures for a transitio
nal period ending on 31 December 2013, in order to permit a smooth transition to the full implementation of the rules and procedures laid down in those three Regulations. The duration of the transitio
nal period was fixed taking into account the review of this regulatory f
ramework on hygiene provided for in those Regulations.
(3) The Report of 28 July 2009 from the Commission to the European Parliament and the Council on the experience gained from the application of the hygiene Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 [4]"aims at presenting factually the experience gained, including the difficulties encountered, in 2006, 2007 and 2008 from the implementation of the hygiene package by all interested actors" ("the report").
(4) The report includes experiences on the transitio
nal measures laid down in Regulation (EC) No 1162/2009. The report indicates that difficulties are noted in relation to the local supply of small quantities of certain food, that further clarification of situations is necessary wher
e natio
nal im
port rules apply in the absence of harmo
nised Unio
n rules and that crises due to im
ported composite products have co
nfirmed the need for greater co
ntrol of such products.
(5) Those difficulties need to be addressed by a review of Regulations (EC) No 853/2004 and (EC) No 854/2004. An impact assessment, accompanying such a review was launched immediately after the publication of the report. However, more time is needed to finalise the impact assessment before launching the ordinary procedure for the review.
(6) In addition, ba
sed on the information received from the Food and Veterinary Office, the competent authorities in the Member States and the relevant food business sectors in the Unio
n, certain transitio
nal measures laid down in Regulation (EC) No 1162/2009 should be maintained pending the completion of that review.
(7) Provision should therefore be made for a further transitio
nal period during which certain transitio
nal measures currently laid down in Regulation (EC) No 1162/2009 should co
ntinue to apply.
(8) Regulation (EC) No 853/2004 excludes from its scope of application the direct supply, by the producer, of small quantities of meat from poultry and lagomorphs slaughtered on the farm to the final co
nsumer or to local retail establishments supplying directly the final co
nsumer as fresh meat. However, limiting that provision to fresh meat before the end of the review exercise of that Regulation would be an additio
nal burden for small producers. Accordingly, Regulation (EC) No 1162/2009 provides for a derogation from the provisions of Regulation (EC) No 853/2004 for the direct supply of such commodities under certain conditions, without limiting it to fresh meat. That exclusion should be maintained during the additio
nal transitio
nal period provided for in this Regulation.
(9) Regulations (EC) No 853/2004 and (EC) No 854/2004 lay down certain rules for im
ports into the Unio
n of products of animal origin and food co
ntaining both products of plant origin and processed products of animal origin (composite products). Regulation (EC) No 1162/2009 provides for transitio
nal measures derogating from certain of those rules for certain composite products for which the public health im
port co
nditions for im
ports into the Unio
n have not yet been harmo
nised at Unio
n level. Those co
nditions were amended by Commission Regulation (EU) No 28/2012 of 11 January 2012 laying down requirements for the certification for im
ports into and transit through the Unio
n of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No 1162/2009 [5] and will not be completely harmo
nised before 31 December 2013. Accordingly, pending future harmo
nisation of Unio
n legislation, it is necessary to provide for derogations during the additio
nal transitio
nal period laid down in this Regulation.
(10) In the interests of clarity, Regulation (EC) No 1162/2009 should be repealed.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council have opposed them,
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation lays down transitio
nal measures for the application of Regulations (EC) No 853/2004 and (EC) No 854/2004 for a transitio
nal period from 1 January 2014 to 31 December 2016.
Article 2
Direct supply of small quantities of meat from poultry and lagomorphs
By way of derogation from Article 1(3)(d) and without prejudice to Article 1(4) of Regulation (EC) No 853/2004, the provisions laid down in that Regulation shall not apply to the direct supply, by the producer, of small quantities of meat from poultry and lagomorphs slaughtered on the farm to the final co
nsumer or to local retail establishments directly supplying to the final consumer.
Article 3
Health co
nditions for im
ports of products of animal origin
1. Article 6(1) of Regulation (EC) No 853/2004 shall not apply to im
ports of products of animal origin for which no harmo
nised public health im
port co
nditions have been established at Unio
n level.
im
ports of those products of animal origin shall comply with the public health im
port co
nditions of the Member State of im
port.
2. By way of derogation from Article 6(4) of Regulation (EC) No 853/2004, food business operators im
porting food co
ntaining both products of plant origin and processed products of animal origin, other than the composite products referred to in Article 3(1) of Regulation (EU) No 28/2012 shall be exempt from the obligations provided for in Article 6(4) of Regulation (EC) No 853/2004.
im
ports of such food shall comply with harmo
nised Unio
n rules, wher
e applicable, and with the natio
nal rules implemented by the Member States in other cases.
Article 4
Procedures co
ncerning im
ports of products of animal origin
Chapter III of Regulation (EC) No 854/2004 shall not apply to im
ports of products of animal origin for which no harmo
nised public health im
port co
nditions have been established at Unio
n level, including lists of third countries and parts of third countries and of establishments from which im
ports are permitted.
im
ports of such products of animal origin shall comply with the public health im
port co
nditions of the Member State of im
port.
Article 5
Repeal of Regulation (EC) No 1162/2009
Regulation (EC) No 1162/2009 is hereby repealed.
Article 6
Entry into force and applicability
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Unio
n.
This Regulation shall apply from 1 January 2014 to 31 December 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2013.
For the Commission
The President
Jos Manuel Barroso
[1] OJ L 139, 30.4.2004, p. 55.
[2] OJ L 139, 30.4.2004, p. 206.
[3] OJ L 314, 1.12.2009, p. 10.
[4] COM(2009) 403 final.
[5] OJ L 12, 14.1.2012, p. 1.
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