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Regulation (EC) 219/2009: aligning the committee procedure of Reg. 852/2004

Updated 2026-07-12 · Reviewed by: Redazione ce85204 — revisione editoriale assistita da AI (2026-07-12)

Regulation (EC) 219/2009, in force since 20 April 2009, is a procedural amendment to Regulation (EC) 852/2004: it aligns the Article 14 committee procedure with the regulatory procedure with scrutiny (Decision 1999/468/EC as amended by Decision 2006/512/EC). It introduces no new duties for operators.

Regulation (EC) No 219/2009 of 11 March 2009 is an "omnibus" act that aligns numerous basic instruments — including Regulation (EC) No 852/2004 — with Decision 1999/468/EC as amended by Decision 2006/512/EC Article 1 of Regulation (EC) No 219/2009. It has been in force since 20 April 2009. The amendment concerns solely the committee procedure: it does not affect the duties of the food business operator.

At a glance

  • Regulation (EC) 219/2009 aligns the committee procedure of Regulation (EC) 852/2004 with the regulatory procedure with scrutiny Article 1 of Regulation (EC) No 219/2009.
  • It has been in force since 20 April 2009, the twentieth day following publication in OJ L 87 of 31 March 2009.
  • It acts on Article 14 (committee procedure), not on the substantive hygiene requirements Article 14(3) of Regulation (EC) No 852/2004.
  • It introduces no new duties for food businesses: it is a procedural amendment internal to the EU institutions.

Commentary

Rationale and background

Decision 2006/512/EC introduced into Union law the "regulatory procedure with scrutiny", which strengthens the role of the European Parliament and the Council in adopting general implementing measures designed to amend non-essential elements of a basic act. Regulation (EC) 219/2009 is the instrument by which the legislator aligned dozens of basic acts en bloc with this new regime, among them Regulation (EC) 852/2004. The adjustment is technical: it replaces the procedural references in the legal basis of the implementing delegations, without touching the hygiene requirements.

Subject matter

The amendment acts on Article 14 of Regulation (EC) 852/2004, which governs the procedure of the Standing Committee on the Food Chain and Animal Health. Paragraph 3 was added, making the regulatory procedure with scrutiny under Article 5a of Decision 1999/468/EC applicable where provided for Article 14(3) of Regulation (EC) No 852/2004. Paragraph 2, concerning the ordinary regulatory procedure, remains the basis for implementing measures that do not amend non-essential elements Article 14(2) of Regulation (EC) No 852/2004. The implementing delegations referred to elsewhere in the regulation — for example the detailed rules for implementing HACCP Article 5(5) of Regulation (EC) No 852/2004 — are to be read in the light of this procedural distinction.

Coordination with other rules

The 2009 alignment is the procedural precondition for the later amendments to the annexes: when in 2021 the Commission introduced Chapters Va and XIa through Regulation (EU) 2021/382, it acted within the Article 14 committee procedure Article 14(3) of Regulation (EC) No 852/2004. As a matter of current law, the committee procedure is now to be read in the light of Regulation (EU) No 182/2011, which replaced Decision 1999/468/EC for new acts; the consolidated text of Regulation (EC) 852/2004, however, retains the wording resulting from the 2009 alignment.

Practical application

For the food business operator, Regulation (EC) 219/2009 entails no obligation. Its relevance is indirect: it clarifies how, and with what procedural safeguards, the technical annexes of the regulation may be amended. The full timeline of amendments is on the amendments page.

Common errors

  • Attributing new hygiene duties to Regulation (EC) 219/2009. The act is purely procedural: it aligns the committee procedure without touching the hygiene requirements or self-checking Article 14(3) of Regulation (EC) No 852/2004.
  • Confusing it with an amendment to the annexes. Regulation (EC) 219/2009 does not amend Annexes I or II: the substantive amendments to the annexes are Regulation (EC) 1019/2008 and Regulation (EU) 2021/382.

Frequently asked questions

What does Regulation (EC) 219/2009 amend in Reg. 852/2004?

It aligns the Article 14 committee procedure with the regulatory procedure with scrutiny introduced by Decision 2006/512/EC Article 14(3) of Regulation (EC) No 852/2004. It is a procedural, not a substantive, amendment.

Since when has Regulation (EC) 219/2009 been in force?

Since 20 April 2009, the twentieth day following publication in OJ L 87 of 31 March 2009 Article 1 of Regulation (EC) No 219/2009.

Does Regulation (EC) 219/2009 impose new duties on food businesses?

No. It is an amendment internal to the Union's decision-making procedures: it affects neither the hygiene requirements nor HACCP self-checking Article 5(1) of Regulation (EC) No 852/2004.

Why does a purely procedural amendment matter?

Because it defines the safeguards under which the Commission may amend the technical annexes. It is the procedural precondition for the amendments to the annexes later adopted in 2021 through Regulation (EU) 2021/382 Article 14(3) of Regulation (EC) No 852/2004.

Sources

Drafting and review

ce85204 editorial team. Draft generated with AI from primary sources; AI-assisted editorial review (see methodology).