扫描二维 分享好友和朋友圈
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
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havin
g regard to the Treaty establishing the European Community,
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 Article 9(1) 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 Article 16(1) thereof,
Havin
g regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules [3], and in particular the first subparagraph and point (b) of the second subparagraph of Article 63(1) thereof,
Wher
eas:
(1) Regulations (EC) No 852/2004 [4], (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council provide for significant changes to the rules and procedures to be followed 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 these measures with immediate effect from that date would have presented practical difficulties in certain cases.
(2) Accordingly, Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitio
nal arrangements 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 [5] provides for certain transitio
nal arrangements for a transitio
nal period ending on 31 December 2009, in order to permit a smooth transition to the full implementation of the new rules and procedures. The duration of the transitio
nal period was fixed taking into account the review of this regulatory f
ramework on hygiene.
(3) Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 provide that the Commission is to submit a report to the European Parliament and to the Council reviewing the experience gained from the implementation of the new regulatory f
ramework on hygiene before 20 May 2009.
(4) The report was transmitted in July 2009. However, the report does not suggest any detailed solutions to the difficulties reported and is, therefore, not accompanied by proposals. On the basis of the difficulties identified, the Commission will co
nsider the need for any proposals to improve the food hygiene Regulations.
(5) Meanwhile, ba
sed on the information received from the Food and Veterinary Office, the competent authorities in the Member States and relevant European food business sectors, certain transitio
nal arrangements provided for in Regulation (EC) No 2076/2005 should be maintained pending the completion of the review process.
(6) Provision should therefore be made for a further transitio
nal period during which certain transitio
nal arrangements provided for in Regulation (EC) No 2076/2005 should co
ntinue to apply. With a view to a harmo
nised approach, that transitio
nal period should in principle last four years but could, wher
e justified, be shorter.
(7) Regulation (EC) No 853/2004 excludes from its scope 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 this provision to fresh meat before the end of the review exercise would be an additio
nal burden for small producers. Accordingly, Regulation (EC) No 2076/2005 provides for a derogation from the general requirements of Regulation (EC) No 853/2004 for the direct supply of such commodities under certain conditions, without limiting it to fresh meat. That possibility should be maintained during the additio
nal transitio
nal period provided for in this Regulation.
(8) Regulations (EC) No 853/2004 and (EC) No 854/2004 lay down certain rules for im
ports into the Community of products of animal origin and food co
ntaining both products of plant origin and processed products of animal origin. Regulation (EC) No 2076/2005 provides for transitio
nal arrangements derogating from certain of those rules for certain im
ports for which the public health co
nditions for their im
portation into the Community have not yet been harmo
nised at Community level. Those co
nditions will not be completely harmo
nised before 31 December 2009. Accordingly, pending future harmo
nisation of Community legislation, it is necessary to provide for derogations during the additio
nal transitio
nal period laid down in this Regulation.
(9) Regulation (EC) No 853/2004 lays down certain requirements co
ncerning the raw material used to prepare minced meat and labelling. However, Regulation (EC) No 2076/2005 provides for transitio
nal arrangements derogating from certain of those requirements for a transitio
nal period during which the composition criteria of minced meat regarding, in particular, the co
ntent of fat and the co
nnective tissue-meat protein ratio were to be assessed. ba
sed on the assessment, these criteria were included in the Commission proposal for a Regulation of the European Parliament and of the Council on the provision of food information to co
nsumers [6]. This proposal was adopted on 30 January 2008 by the Commission and transmitted to the European Parliament and to the Council. Pending the outcome of the proposal, it is appropriate to maintain such derogations from certain requirements co
ncerning minced meat during the additio
nal transitio
nal period provided for in this Regulation.
(10) Regulation (EC) No 882/2004 requires laboratories carrying out analysis of samples taken during official controls to be accredited. Regulation (EC) No 2076/2005 provides for a transitio
nal arrangement derogating from that requirement for certain laboratories which were not required under previous Community legislation to be accredited. Experience has shown that laboratories carrying out official testing for Trichinella and located in slaughterhouses or game handling establishments require additio
nal time to obtain full accreditation, since accreditation is a complex and laborious process. Accordingly, this Regulation should provide for further transitio
nal measures for those laboratories subject to certain conditions.
(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,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISION
Article 1
The transitio
nal period
This Regulation lays 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 the Council for a transitio
nal period from 1 January 2010 to 31 December 2013 (the transitio
nal period).
CHAPTER II
TRANSITIo
nAL MEASURES FOR THE IMPLEMENTATION OF REGULATION (EC) No 853/2004
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 such meat to the final consumer.
Article 3
Health im
port conditions
1. Article 6(1) of Regulation (EC) No 853/2004 shall not apply to im
ports of food of animal origin for which no harmo
nised public health im
port co
nditions have been established, including lists of third countries and parts of third countries and of establishments from which im
ports are permitted.
im
ports of those products shall comply with the public health im
port co
nditions of the Member State concerned.
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 shall be exempt from the obligation provided for in that Article.
im
ports of such products shall comply with the harmo
nised Community rules, wher
e applicable, and with the natio
nal rules implemented by the Member States in other cases.
Article 4
Composition criteria and labelling requirements for minced meat
1. By way of derogation from the requirements laid down in Chapter II(1) of Section V of Annex III to Regulation (EC) No 853/2004, the food business operator must check the raw materials entering the establishment to ensure compliance with the name of the product in the table below in respect of the final product.
Table
Composition criteria checked on the basis of a daily average
| Fat co
ntent | Co
nnective tissue: meat protein ratio |
lean minced meat | 7 % | 12 |
minced pure beef | 20 % | 15 |
minced meat co
ntaining pigmeat | 30 % | 18 |
minced meat of other species | 25 % | 15 |
2. By way of derogation from the requirements laid down in Chapter IV of Section V of Annex III to Regulation (EC) No 853/2004, the labelling must also display the following words:
- "percentage of fat under",
- "co
nnective tissue: meat protein ratio under".
3. The Member States may allow the placing on their natio
nal market of minced meat which does not comply with these criteria under a natio
nal mark that cannot be co
nfused with the marks provided for in Article 5(1) of Regulation (EC) No 853/2004.
CHAPTER III
TRANSITIo
nAL MEASURES FOR THE IMPLEMENTATION OF REGULATION (EC) No 854/2004
Article 5
Health im
port conditions
Chapter III of Regulation (EC) No 854/2004 shall not apply to im
ports of food of animal origin for which no harmo
nised public health im
port co
nditions have been established, including lists of third countries and parts of third countries and of establishments from which im
ports are permitted.
im
ports of such products shall comply with the public health im
port co
nditions of the Member State concerned.
CHAPTER IV
TRANSITIo
nAL MEASURES FOR THE IMPLEMENTATION OF REGULATION (EC) No 882/2004
Article 6
Accreditation of official laboratories co
nducting Trichinella testing
By way of derogation from Article 12(2) of Regulation (EC) No 882/2004, the competent authority may designate a laboratory carrying out official testing for Trichinella and located in a slaughterhouse or a game handling establishment provided that, although not accredited, the laboratory:
(a) demo
nstrates that it has initiated and is pursuing the necessary accreditation procedures in accordance with Regulation (EC) No 882/2004;
(b) provides the competent authority with satisfactory guarantees that quality co
ntrol schemes for the analyses it co
nducts for the purpose of official controls are in place.
Member States applying this transitio
nal measure shall report to the Commission on the progress in accrediting any such designated laboratories at the end of each year.
CHAPTER V
FINAL PROVISIONS
Article 7
Regulation (EC) No 2076/2005 is hereby repealed.
Article 8
Entry into force
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Unio
n.
It shall apply from 1 January 2010 to 31 December 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2009.
For the Commission
Androulla Vassiliou
Member of the Commission
[1] OJ L 226, 25.6.2004, p. 22.
[2] OJ L 226, 25.6.2004, p. 83.
[3] OJ L 191, 28.5.2004, p. 1.
[4] OJ L 226, 25.6.2004, p. 3.
[5] OJ L 338, 22.12.2005, p. 83.
[6] COM(2008) 40 final.
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