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 Community, and in particular Articles 37, 95 and 152(4)(b) thereof,

Having regard to the proposal from the Commission1,

Having regard to the Opinion of the European Economic and Social Committee2,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty3,

Whereas:

(1)

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

(2)The following acts contain new rules recasting and updating the rules in those Directives:
  • Regulation (EC) No ... /2003 of the European Parliament and of the Council of ... on the hygiene of foodstuffs4;

  • Regulation (EC) No ... /2003 of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin5;

  • Regulation (EC) No ... /2003 of the European Parliament and of the Council of ... laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption6; and

  • Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption7.

(3)

It is therefore appropriate to repeal the earlier Directives. Since Regulation (EC) No ... 720038 provides for the repeal of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs9, this Directive need only repeal the Directives concerning products of animal origin.

(4)

The requirements of Council Directive 72/462/EEC10 should continue to apply only to the import of live animals, since the new hygiene rules and Directive 2002/99/EC will supersede its rules on fresh meat and meat products.

(5)

It is necessary, however, to provide for certain implementing rules to remain in force pending the taking of necessary measures under the new legal framework.

(6)

Amendments to Council Directives 89/662/EEC11 and 92/118/EEC12 and to Council Decision 95/408/EC13 are also necessary to take account of the recasting exercise,

HAVE ADOPTED THIS DIRECTIVE: