Directive 2004/41 - Repeal of 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

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1.

Current status

This directive has been published on April 30, 2004, entered into force on the same day and should have been implemented in national regulation on January  1, 2006 at the latest.

2.

Key information

official title

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
 
Legal instrument Directive
Number legal act Directive 2004/41
Original proposal COM(2000)438 EN
CELEX number i 32004L0041

3.

Key dates

Document 21-04-2004; Date of signature
Publication in Official Journal 30-04-2004; Special edition in Lithuanian: Chapter 03 Volume 044,Special edition in Polish: Chapter 03 Volume 044,Special edition in Latvian: Chapter 03 Volume 044,Special edition in Croatian: Chapter 03 Volume 053,Special edition in Slovenian: Chapter 03 Volume 044,Special edition in Romanian: Chapter 03 Volume 058,Special edition in Estonian: Chapter 03 Volume 044,Special edition in Czech: Chapter 03 Volume 044,Special edition in Maltese: Chapter 03 Volume 044,Special edition in Bulgarian: Chapter 03 Volume 058,Special edition in Hungarian: Chapter 03 Volume 044,OJ L 157, 30.4.2004,Special edition in Slovak: Chapter 03 Volume 044
Effect 30-04-2004; Entry into force Date pub. See Art 9
End of validity 31-12-9999
Transposition 01-01-2006; At the latest See Art 8 ET 32004R0853

4.

Legislative text

30.4.2004   

EN

Official Journal of the European Communities

L 157/33

 

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 Commission (1),

Having regard to the Opinion of the European Economic and Social Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

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 foodstuffs (4);

 

Regulation (EC) No ... /2003 of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin (5);

 

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 consumption (6); 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 consumption (7).

 

(3)

It is therefore appropriate to repeal the earlier Directives. Since Regulation (EC) No ... 72003 (8) provides for the repeal of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (9), this Directive need only repeal the Directives concerning products of animal origin.

 

(4)

The requirements of Council Directive 72/462/EEC (10) 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/EEC (11) and 92/118/EEC (12) and to Council Decision 95/408/EC (13) are also necessary to take account of the recasting exercise,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive, the "relevant date" shall mean the date of application of Regulations (EC) No ... /2003 (14), No ... /2003 (15) and No ... 72003 (16).

Article 2

The following Directives shall be repealed with effect from the relevant date:

 

1)

Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat; (17)

 

2)

Council Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultry meat; (18)

 

3)

Council Directive 72/461/EEC of 12 December 1972 on health problems affecting intra-Community trade in fresh meat; (19)

 

4)

Council Directive 77/96/EEC of 21 December 1976 on the examination for trichinae (Trichinella spiralis) upon importation from third countries of fresh meat derived from domestic...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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