Regulations (EC) No 852/2004 , No 853/2004 and No 854/2004 contain the legal requirement for the Commission to submit a report to the European Parliament and to the Council, reviewing the experience gained from their application and, if appropriate, accompanying the report with relevant proposals, not later than 20 May 2009. In addition, Regulation (EC) No 852/2004 requires the Commission to consider if it is desirable and practicable to extend the Hazard Analysis Critical Control Point (HACCP) requirements to food business operators in the primary production area.

This report followed a thorough consultation process. It is based on information received from the competent authorities in the Member States, representatives of the food business operator and consumer organisations at European level, and the Commission's Food and Veterinary Office.

Conclusion : the report 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. It concludes that overall Member States have taken the necessary administrative and control steps to ensure compliance but that there is still room for improvement in relation to implementation. These conclusions are supported by the findings of audits and inspections carried out by the Commission's Food and Veterinary Office. Consulted stakeholders consider that the new principles and requirements introduced by the hygiene package have had a positive impact. It also indicates the clear position expressed by the Member States and private stakeholders not to extend at present the requirement for HACCP-based procedures to food business operators carrying out primary production.

The main difficulties identified are in relation to: (i) certain exemptions from the scope of the hygiene Regulations; (ii) certain definitions laid down in the Regulations and the procedure for adapting those definitions; (iii) certain practical aspects concerning the approval of establishments handling foods of animal origin and the marking of such foods; (iv) the import regime for certain foods; (v) the implementation of HACCP-based procedures in certain food businesses; and (vi) the implementation of official controls in certain sectors.

This report does not suggest any detailed solutions to the difficulties reported and is, therefore, not accompanied by proposals. However, on the basis of the difficulties identified, the Commission will consider the need for any proposals to improve the food hygiene package.

EUR-Lex
COM(2009)0403

EUR-Lex
SEC(2009)1079

ACT : Commission Regulation 2074/2005/EC laying down implementing measures for certain products under Regulation 853/2004/EC of the European Parliament and of the Council and for the organisation of official controls under Regulation 854/2004/EC of the European Parliament and of the Council and Regulation 882/2004/EC of the European Parliament and of the Council, derogating from Regulation 852/2004/EC of the European Parliament and of the Council and amending Regulations 853/2004/EC and 854/2004/EC.

CONTENT :

- Regulation 853/2004/EC lays down specific requirements concerning hygiene rules for food of animal origin. It is necessary to lay down certain implementing measures for meat, live bivalve molluscs, fishery products, milk, eggs, frogs' legs and snails, and processed products thereof;

- Regulation 854/2004/EC lays down specific rules for the organisation of official controls on products of animal origin intended for human consumption. It is necessary to develop certain rules and further specify other requirements;

- Regulation 882/2004/EC establishes at Community level a harmonised framework of general rules for the organisation of official controls. It is necessary to develop certain rules and further specify other requirements.

The main elements of this Regulation are as follows :

- requirements concerning food chain information for the purpose of Regulations 853/2004/EC and 854/2004/EC;

- requirements concerning fishery products for the purpose of Regulations 853/2004/EC and 854/2004EC;

- recognised testing methods for marine biotoxins for the purpose of Regulations 853/2004/EC and 854/2004/EC;

- calcium content of mechanically separated meat for the purpose of Regulation 853/2004/EC;

- lists of establishments for the purpose of Regulation 882/2004/EC;

- model health certificates for frogs' legs, snails, gelatine and collagen for the purpose of Regulation 853/2004/EC;

- derogation from Regulation 852/2004/EC for foods with traditional characteristics.

ENTRY INTO FORCE : 11/01/2006. This Regulation shall apply from 01/01/2006 with the exception of Chapters II and III of Annex V (list of approved food establishments) which shall apply from 01/01/2007.

32005R2074
OJ L 338 22.12.2005, p. 0027-0034

ACT : Commission Regulation 2075/2005/EC laying down specific rules on official controls for Trichinella in meat.

CONTENT : Regulations 853/2004/EC, 854/2004/EC and 882/2004/EC of the European Parliament and of the Council lay down the health rules and requirements regarding food of animal origin and the official controls required.

In addition to those rules, more specific requirements should be laid down for Trichinella. Meat of domestic swine, wild boar, horses and other animal species may be infested with nematodes of the genus Trichinella. Consumption of meat infested with Trichinella can cause serious disease in humans.

Consequently, this Regulation lays down measures to prevent human disease caused by the consumption of meat infested with Trichinella.

It defines:

- the obligations of competent authorities and of food business operators; sampling of carcases; derogations; trichinella examination and application of health mark; staff training; methods of detection; contingency plans; recognition of officially Trichinella-free holdings; obligations on food business operators to inform; monitoring programmes; withdrawal of official recognition of Trichinella-free holdings or regions with negligible risk;

- rules relating to import health requirements.

ENTRY INTO FORCE : 11/01/2006. The Regulation shall apply from 01/01/2006.

32005R2075
OJ L 338 22.12.2005, p. 0060-0082

ACT : Commission Regulation 2076/2005/EC laying down transitional arrangements for the implementation of Regulations 853/2004/EC, 854/2004/EC and 882/2004/EC of the European Parliament and of the Council and amending Regulations 853/2004/EC and 854/2004/EC.

CONTENT : Regulations 853/2004/EC, 854/2004/EC and 882/2004/EC of the European Parliament and of the Council lay down the health rules and requirements regarding food of animal origin and the official controls required.

The entry into application on 1 January 2006 of these Regulations will entail considerable changes to the rules and procedures to be followed by food operators and the competent authorities of the Member States. The application of some of these measures with immediate effect from 1 January 2006 would present practical difficulties in some cases. A period should therefore be envisaged in order to permit a smooth transition to the full implementation of the new rules and procedures.

It is appropriate that the duration of the transitional period of 4 years, ending on 31 December 2009, be fixed taking into account a first review of the new regulatory framework on hygiene scheduled within the first four years. Provision should therefore be made for a transitional period during which certain requirements laid down in those Regulations can be progressively implemented. With a view to a harmonised approach, that transitional period should in principle last four years but could, where justified, be shorter. Provision should also be made for the possibility or reviewing any of those arrangements in the light of experience gained.

ENTRY INTO FORCE : 11/01/2006. The Regulation shall apply from 01/01/2006.

32005R2076
OJ L 338 22.12.2005, p. 0083-0088

PURPOSE : to lay down specific rules for the organisation of official controls on products of animal origin.

LEGISLATIVE ACT : Regulation 854/2004/EC of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption. (Corrigendum to the Regulation published in OJ L139 of 30 April 2004).

CONTENT : this Regulation applies only in respect of activities and persons to which Regulation 853/2004/EC applies. It should be noted that the performance of official controls pursuant to this Regulation is without prejudice to food business operators' primary legal responsibility for ensuring food safety, as laid down in Regulation 178/2002/EC.

Official controls on the production of meat are necessary to verify that food business operators comply with hygiene rules and respect criteria and targets laid down in Community legislation. These official controls comprise audits of food business operators' activities and inspections, including checks on food business operators' own controls.

Official veterinarians will carry out audits and inspections of slaughterhouses, game handling establishments and certain cutting plants. Member States have discretion to decide which are the most appropriate staff for audits and inspections of other types of establishments.

Official controls on the production of live bivalve molluscs and on fishery products will check for compliance with the criteria and targets laid down in Community legislation. Official controls on the production of live bivalve molluscs will in particular target relaying and production areas for bivalve molluscs and the end product. Official controls on the production of raw milk will in particular target milk production holdings and raw milk upon collection.

Products of animal origin will be imported only from a third country or a part of third country that appears on a list drawn up and updated in accordance with the procedure referred to in the Regulation. The Commission must consult the European Food Safety Authority on matters falling within the scope of the Regulation whenever necessary.

ENTRY INTO FORCE : 20/05/04. The Regulation shall apply from 01/01/2006.

Regulation 2004/854
OJ L 226 25.06.2004, p. 0083-0127

COM(2004)0342
EUR-Lex

Debate in Parliament

T5-0219/2004

A5-0138/2004

A5-0138/2004

SEC(2003)1450
EUR-Lex

11583/1/2003
OJ C 048 24.02.2004, p. 0082-0130 E

11583/1/2003

COM(2003)0577
EUR-Lex

COM(2003)0577
EUR-Lex

12133/2003

T5-0254/2003
OJ C 068 18.03.2004, p. 0330-0435 E

Debate in Parliament

T5-0254/2003

A5-0156/2003

A5-0156/2003

2500

CES0281/2003

CES0277/2003
OJ C 095 23.04.2003, p. 0022-0023

COM(2002)0377
EUR-Lex
OJ C 262 29.10.2002, p. 0449 E

COM(2002)0377
EUR-Lex