HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 292/10
EN
Official Journal of the European Union
1.11.2013
COMMISSION REGULATION (EU) No 1079/2013
of 31 October 2013
laying down transitional 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,
encountered, in 2006, 2007 and 2008 from the imple
mentation of the hygiene package by all interested actors’
(‘the report’).
Having 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
(4) The
report
includes
experiences
on
the
transitional
particular the first paragraph of Article 9 thereof,
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,
Having regard to Regulation (EC) No 854/2004 of the European
that further clarification of situations is necessary where
Parliament and of the Council of 29 April 2004 laying down
national import rules apply in the absence of harmonised
specific rules for the organisation of official controls on
Union rules and that crises due to imported composite
products of animal origin intended for human consumption ( 2 ),
products have confirmed the need for greater control of
and in particular the first paragraph of Article 16 thereof,
such products.
Whereas:
(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
(1)
Regulations (EC) No 853/2004 and (EC) No 854/2004
launched immediately after the publication of the report.
provide for significant changes to the rules and
However, more time is needed to finalise the impact
procedures to be complied with by food business
assessment before launching the ordinary procedure for
operators and the competent authorities of the Member
the review.
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
(6) In
addition,
based
on
the
information
received
from
the
cases.
Food and Veterinary Office, the competent authorities in
the Member States and the relevant food business sectors
in the Union, certain transitional measures laid down in
Regulation (EC) No 1162/2009 should be maintained
(2) Accordingly, Commission Regulation (EC) No
1162/2009 of 30 November 2009 laying down transi
pending the completion of that review.
tional 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 Coun
(7) Provision
should
therefore
be
made
for
a
further
transi
cil ( 3 ) lays down transitional measures for a transitional
tional period during which certain transitional measures
period ending on 31 December 2013, in order to permit
currently laid down in Regulation (EC) No 1162/2009
a smooth transition to the full implementation of the
should continue to apply.
rules and procedures laid down in those three Regu
lations. The duration of the transitional period was
fixed taking into account the review of this regulatory
framework on hygiene provided for in those Regulations.
(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
(3) The
Report
of
28
July
2009
from
the
Commission
to
the
slaughtered on the farm to the final consumer or to
European Parliament and the Council on the experience
local retail establishments supplying directly the final
gained from the application of the hygiene Regulations
consumer as fresh meat. However, limiting that
(EC) No 852/2004, (EC) No 853/2004 and (EC) No
provision to fresh meat before the end of the review
854/2004 of the European Parliament and of the
exercise of that Regulation would be an additional
Council of 29 April 2004 (
burden for small producers. Accordingly, Regulation

4 ) ‘aims at presenting
factually the experience gained, including the difficulties
(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,
( 1 ) OJ L 139, 30.4.2004, p. 55.
without limiting it to fresh meat. That exclusion should
( 2 ) OJ L 139, 30.4.2004, p. 206.
( 3 ) OJ L 314, 1.12.2009, p. 10.
be maintained during the additional transitional period
( 4 ) COM(2009) 403 final.
provided for in this Regulation.

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EN
1.11.2013 Official
Journal
of
the
European
Union L
292/11
(9)
Regulations (EC) No 853/2004 and (EC) No 854/2004
poultry and lagomorphs slaughtered on the farm to the final
lay down certain rules for imports into the Union of
consumer or to local retail establishments directly supplying to
products of animal origin and food containing both
the final consumer.
products of plant origin and processed products of
animal origin (composite products). Regulation (EC) No
1162/2009 provides for transitional measures derogating
from certain of those rules for certain composite
products for which the public health import conditions
Article 3
for imports into the Union have not yet been
Health conditions for imports of products of animal origin
harmonised at Union level. Those conditions were
amended by Commission Regulation (EU) No 28/2012
1. Article
6(1)
of
Regulation
(EC)
No
853/2004
shall
not
of 11 January 2012 laying down requirements for the
apply to imports of products of animal origin for which no
certification for imports into and transit through the
harmonised public health import conditions have been estab
Union of certain composite products and amending
lished at Union level.
Decision 2007/275/EC and Regulation (EC) No
1162/2009 ( 1 ) and will not be completely harmonised
before 31 December 2013. Accordingly, pending future
harmonisation of Union legislation, it is necessary to
provide for derogations during the additional transitional
Imports of those products of animal origin shall comply with
period laid down in this Regulation.
the public health import conditions of the Member State of
import.
(10) In
the
interests
of
clarity,
Regulation
(EC)
No
1162/2009
2. By
way
of
derogation
from
Article
6(4)
of
Regulation
(EC)
should be repealed.
No 853/2004, food business operators importing food
containing 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
(11) The
measures
provided
for
in
this
Regulation
are
in
Regulation (EC) No 853/2004.
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,
Imports of such food shall comply with harmonised Union
rules, where applicable, and with the national rules implemented
by the Member States in other cases.
HAS ADOPTED THIS REGULATION:
Article 4
Procedures concerning imports of products of animal
Article 1
origin
Subject matter
Chapter III of Regulation (EC) No 854/2004 shall not apply to
imports of products of animal origin for which no harmonised
This Regulation lays down transitional measures for the appli
public health import conditions have been established at Union
cation of Regulations (EC) No 853/2004 and (EC) No
level, including lists of third countries and parts of third
854/2004 for a transitional period from 1 January 2014 to
countries and of establishments from which imports are
31 December 2016.
permitted.
Article 2
Imports of such products of animal origin shall comply with
the public health import conditions of the Member State of
Direct supply of small quantities of meat from poultry and
import.
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
Article 5
supply, by the producer, of small quantities of meat from
Repeal of Regulation (EC) No 1162/2009
( 1 ) OJ L 12, 14.1.2012, p. 1.
Regulation (EC) No 1162/2009 is hereby repealed.

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L 292/12
EN
Official Journal of the European Union
1.11.2013
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 Union.
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
José Manuel BARROSO

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Document Outline

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