Report on discussions at the Commission Working Group meeting on 9 November 2007
Monday 26 November 2007
The Commission clarified (with Member State agreement) that the top priority of the review of the hygiene legislation (from among the issues to be dealt with by comitology) will be addressing the transitional issues that may need to be maintained permanently.
Initial responses from certain Member States had yielded a list of priorities in addition to the transitional issues. The list of priorities of Member States is can be found at the link below. Member States were asked to confirm their top five priorities to the Commission by 16 November.
The Commission explained that all legislation based on Article 152 of the Treaty will need to be amended, by co-decision, to write in the new comitology arrangements. This is being taken forward thematically and will probably be done by the end of 2008. The new arrangements, which will provide a greater role for the Parliament, will significantly extend the time it takes for adoption of proposals and may open up the possibility of measures being withdrawn if the Parliament objects to them. The Commission, therefore, intends to pursue as many of the comitology measures it can before the end of 2008.
The Commission introduced the Commission non-paper on fish oil. A copy of this paper is attached at the link below. It explained a restricted working group would meet on the 10 December (in which the UK will be represented). The industry (in the form of food supplement manufacturers) had produced a draft report and the Commission would be meeting them next week to discuss it. All Member States were asked to reflect on the issues highlighted in the Commission non-paper and to supply any information in advance (both in relation to import statistics and the approach taken to the approval of premises of supply and manufacture) in advance of 10 December.
The Commission also introduced the non-paper on parasites in fish (which can be found at the link below) and explained that this too needed a restricted working group to consider the detail further. An invitation would be sent to all Member States to allow them to signal an interest in participating (the UK indicated it would be). The aim would be for this to take place in the first week of January 2008 – there was not the same time pressure as there was on fish oil which was concerned in part with transitional provisions.
The date of the next meeting will probably be January 2008, although possibly December 2007.
Transitional arrangements
Items identified as needing a permanent resolution
The seven items listed in the agenda for the meeting were:
- food chain information for certain species
- composition criteria and labelling requirements in minced meat
- use of clean water
- raw milk and dairy products
- eggs and egg products
- training of slaughterhouse staff assisting with official controls
- certification of establishments using staff assisting with official controls in slaughterhouses
The Commission explained that these seven had been identified as those transitional measures from Regulation (EC) 2076/2005, which needed a permanent resolution in the review of the hygiene legislation (as compared to some measures for which the period of applicability had already elapsed). Dealing with Articles 3 (direct supply of small quantities of meat from poultry and lagomorphs) and 7 and 17 (health import conditions) would require co-decision measures.
In discussion it was agreed that the following issues also needed to be included in this list:
- live bivalve molluscs – The derogation allowing the competent authority to classify as class B areas for which the relevant limits of 4600 E.coli per 100g are not exceeded in 90% of samples (Article 17a of Regulation 2076/2005 as amended by Regulation 1666/2006)
- meat of farmed non-farmed domestic ungulates – certification (Article 9 of Regulation (EC) 2076/2005)
Food Chain Information (FCI)
The Commission maintained it still awaited reports from Member States on the operation of the requirements in relation to poultry for the year 2006.
The Commission agreed that the application of FCI to pigs could be discussed during next year.
In response to a concern about the requirements in relation to veterinary medicines, which may have been administered (for all species), the Commission indicated that it could not foresee making substantive changes to the food chain information requirements nor to the staged approach to its introduction.
Composition criteria and labelling requirements in minced meat
The Commission explained that a document was on inter-service consultation within the Commission which identified why these provisions should not be maintained within the hygiene legislation. It was hoped this would be agreed, but it was not yet finalised. If inter-service agreement was not reached, it would be necessary for this to be picked up again.
The Commission also stated that it was likely to support that the requirements to label fish from certain species known to have an adverse health effect (family Gempylidae) should be extended from fresh fishery products to frozen products, since the toxin was not found to be inactivated by freezing.
The Commission indicated it would pick the transitional measures issues up at the next meeting.
Other issues discussed
Steam pasteurisation of red meat carcases
The Commission recapped on the history of this issue in the context of the EC/Canada agreement. Member States with information about the process were invited to send it to the Commission. A working party will be visiting Canada to see the process.
Notification of the use of wooden barrels in wine production
A query was raised as to whether a notification under Article 7 of Regulation (EC) 2074/2005 was needed. The Commission clarified that if an Article 7 notification is made, it is not subject to the standstill arrangements.
Temperature controls for blood
Concerns were raised from one Member State that industry had difficulties with applying the 3° limit for offal to blood. Following discussions, it emerged that industry in one other Member State had overcome this by use of the provision relating to the manufacture of specific products. It was also suggested that temperature levels were at best arbitrary and this was best left to HACCP-based decisions.
European Food Safety Authority (EFSA) opinion on reptile meat
The Commission explained that the EFSA opinion will be published soon. It will fall short of expectations since there will be no recommendations in relation to biological hazards and it contains little about reptiles other than crocodiles. The Commission says it will take Member State concerns back to EFSA. Member States will be able to discuss further when the opinion is published.
