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12.1.2012 Official
Journal
of
the
European
Union
L
8/29
COMMISSION REGULATION (EU) No 16/2012
of 11 January 2012
amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council
as regards the requirements concerning frozen food of animal origin intended for human
consumption
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) In
addition,
the
enforcement
of
compliance
with
the
provisions of Regulation (EC) No 853/2004 by the
competent authorities has revealed that more detailed
Having regard to the Treaty on the Functioning of the European
requirements regarding the production and freezing of
Union,
food of animal origin in the stages of production prior
to its delivery as such to the final consumer are
necessary.
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
(5) Accordingly,
Annex
II
to
Regulation
(EC)
No
853/2004
particular Article 10(1) thereof,
should be amended in order to include requirements
applicable to frozen food of animal origin.
Whereas:
(6) Regulation
(EC)
No
853/2004
should
therefore
be
(1) Regulation
(EC)
No
853/2004
lays
down
rules
on
the
amended accordingly.
hygiene of food of animal origin for food business
operators. Food business operators are required to
comply with the requirements set out in Annex II
(7) The
measures
provided
for
in
this
Regulation
are
in
thereto.
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(2)
Experience gained since the date of application of Regu
lation (EC) No 853/2004 has exposed certain difficulties
HAS ADOPTED THIS REGULATION:
as regards the storage of food of animal origin. If the
date of initial freezing of such food was indicated, food
business operators would be better able to judge the
Article 1
suitability of the food for human consumption.
Annex II to Regulation (EC) No 853/2004 is amended in
accordance with the Annex to this Regulation.
(3) Directive
2000/13/EC
of
the
European
Parliament
and
of
the Council of 20 March 2000 on the approximation of
Article 2
the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs ( 2 ) concerns the
This Regulation shall enter into force on the 20th day following
labelling of foodstuffs to be delivered as such to the final
its publication in the Official Journal of the European Union.
consumer and certain aspects relating to the presentation
and advertising thereof. However, that Directive does not
apply to prior stages of food production.
It shall apply from 1 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 January 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 139, 30.4.2004, p. 55.
( 2 ) OJ L 109, 6.5.2000, p. 29.

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L 8/30
EN
Official Journal of the European Union
12.1.2012
ANNEX
The following Section IV is added to Annex II to Regulation (EC) No 853/2004:
‘SECTION IV: REQUIREMENTS APPLICABLE TO FROZEN FOOD OF ANIMAL ORIGIN
1. For the purposes of this Section, “date of production” means:
(a) the date of slaughter in the case of carcasses, half carcasses or quarter carcases;
(b) the date of killing in the case of bodies of wild game;
(c) the date of harvesting or catching, in the case of fishery products;
(d) the date of processing, cutting, mincing or preparation, as appropriate, for any other food of animal origin.
2. Until the stage at which a food is labelled in accordance with Directive 2000/13/EC or used for further
processing, food business operators must ensure that in the case of frozen food of animal origin intended for
human consumption, the following information is made available to the food business operator to whom the
food is supplied and, upon request, to the competent authority:
(a) the date of production; and
(b) the date of freezing, if different from the date of production.
Where a food is made from a batch of raw materials with different dates of production and of freezing, the oldest
dates of production and/or of freezing, as appropriate, must be made available.
3. The appropriate form in which the information must be made available is up to the choice of the supplier of the
frozen food, as long as the information requested in paragraph 2 will be clearly and unequivocally available to
and retrievable by the business operator to whom the food is supplied.’

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