{
  "url": "https://openlegislation.uk/eu-regulation-2009-219/annex/division-6/division-6.7",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-219/annex/division-6/division-6.7.json",
  "legislation": "eur/2009/219",
  "legislation_title": "Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part Two",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-219",
  "path": "annex/division/6/division/6.7",
  "kind": "division",
  "number": "6.7",
  "heading": "Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs",
  "text": "As regards Regulation (EC) No 852/2004, the Commission should be empowered to adopt provisions relating to specific hygiene rules and to the approval of establishments, and to grant derogations from Annexes I and II subject to certain conditions. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 852/2004, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.\nAccordingly, Regulation (EC) No 852/2004 is hereby amended as follows:\n1.. Article 4(4) shall be replaced by the following:\n‘4. The criteria, requirements and targets referred to in paragraph 3, and associated sampling and analysis methods shall be laid down by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;\n2.. Article 6(3)(c) shall be replaced by the following:\n(c) ‘by a decision adopted by the Commission. That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;\n3.. Article 12 shall be replaced by the following:\n‘Article 12 Transitional measures of general scope designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, in particular further specifications of the requirements laid down in this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).\nOther implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).’;\n4.. Article 13 shall be amended as follows:\n(a) paragraph 1 shall be amended as follows:\n(i) the introductory sentence shall be replaced by the following:\n‘Annexes I and II may be adapted or updated by the Commission taking into account:’;\n(ii) the following subparagraph shall be added:\n‘Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;\n(b) paragraph 2 shall be replaced by the following:\n‘2. Derogations from Annexes I and II may be granted by the Commission, in particular to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the objectives of this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;\n5.. Article 14(3) shall be replaced by the following:\n‘3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 139, 30.4.2004, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/219/annex/division/6/division/6.7",
    "retrieved_at": "2026-11-01T14:51:36.375750+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}