Report on meeting of Commission Working Group on food hygiene legislation: 29 April 2009

Proposed amendments to the hygiene regulations
Proposed Regulations SANCO 4449/2009 and SANCO 4456/2009 considered for the second time:

• varying degrees of Member States support for the introduction of harmonised controls on crocodile meat
• Commission clarifies that it intends the prescribed levels of toxins applying to live bi-valve molluscs (LBMs) should also apply to processed products
• Commission will undertake to consider further points made by other Member States in relation to controls on marine gastropods and classification of offshore harvesting waters.

Proposed extension of certain transitional measures
Item withdrawn since internal Commission agreement in relation to the import controls on 'composite products' still outstanding (see 'Any other business' below).

Food chain information
Some update from the Commission. To be discussed further.

Commission reflection paper
LBM was the only element of the paper considered. The other items to be discussed further. The Commission circulated a paper outlining the legislative issues that need to be considered before guidance can be offered.

Proposals on the labelling of frozen foods with date of freezing and traceability requirements
The Commission updated Member States concerning proposed Regulations (SANCO 1489/2007 and SANCO 1490/2007). No agreement reached within the Commission on impact assessments and administrative burdens. To be discussed further within the Commission.

Commission report of the hygiene legislation
Still undergoing inter-service consultation. Unlikely to meet the 20 May deadline.

Request to amend Article 8 of Regulation 853/2004 concerning the special salmonella guarantees
The Commission stated this would require co-decision and could not be undertaken until after consideration of the report on the hygiene legislation, so this would mean 2010 at the earliest.

Temperature control requirements for products of animal origin (POAO)
Some Member States raised this issue alluding to the scope for further rationalisation within the hygiene legislation and also the proposals from DG AGRI in relation to marketing standards. This will be discussed further at the next meeting. The Commission will consider circulating a non-paper to inform discussions.

Commission guidance on Regulations 852/2004 and 853/2004
The Commission reported that the most recent amendments have not yet been published as they have yet to be translated from English.

Community guides to good practice
The Commission gave an update on these guides. A further meeting of the restricted group looking at the wholesale market guide will be convened following a response from the European Association. Another restricted group will consider a Community guide on 'collective' catering (office canteens and similar).

Import controls
The Commission explained that discussions are still continuing within the Commission and at high level. It is for this reason that the item on the transitional measure was withdrawn. No indication in relation to timing could be given since there needed to be a discussion in principle.

Date of next meeting
Commission Working Group: 25 May 2009.

Agenda item 1: Proposed amendments to the hygiene regulations (docs SANCO 4449/2009 rev 1 and SANCO 4456/2009 rev 1)

Discussion began on those items not reached at the previous meeting.

Crocodile meat

Various positions on this issue raised by Member States. The majority wanted to harmonise rules, although some raised concerns about respecting Convention on International Trade in Endangered Species (CITES) requirements. Concerns were also expressed with other reptiles, and also insects. The Commission explained that it was for this reason that the entry related to 'meat from exotic species', rather than simply ‘crocodile meat’.

The Commission invited comments on the draft proposals. Zoonoses experts would be invited to comment on salmonella issues for third countries (Non-Eu Countries). A list of third country establishments would need to be set up. Consideration would need to be given to parallel amendments to Regulation 854/2004 concerning official controls on this production. There were also concerns whether it was the intention to allow the consumption of offal, and to the references to killing in the growing pond and washing of meat. It was also suggested that the use of the words 'meat' and 'offal' in the text needed to be linked back to the definition of crocodile meat, otherwise reference would need to be taken to the definitions in Annexe 1 (which related to mammals and birds).

Gelatine and collagen

The Commission reported on the rationale for the changes to raw material requirements, and how these reflected requests from the European Associations. The Associations had not wanted to pursue changes to the labelling requirements on collagen to align them to those for gelatine. The Commission undertook to go back to the industry to clarify whether certain skins and bones from game, wild boar, and lagomorph skins were used and how they needed to be covered.

Biotoxin limits for products processed from LBMs

The Commission reminded the meeting of the issue, referring to the letter that had been written to Member States on 18 November alerting them to this issue. European Food Safety Authority (EFSA) had subsequently confirmed that the toxin levels could alter during processing, given the loss of liquid from the flesh. A further letter had been sent to Member States on 8 April to clarify and reflect this. It was therefore proposed to change provisions in Regulation 853/2004 and 854/2004.

EFSA was working to produce further opinions in relation to the limits which should be available in September. A working group, including the CRL, would be convened to discuss the EFSA advice and what the risk management consequences were. There was likely to be some reduction in the limits since these had been based on weight of mollusc flesh which would reflect higher than usual levels of consumption. This would be thoroughly discussed before legislative changes were made.

Clarification was sought on what the proposal required; whether processed products had to be made from LBMs which had complied with the toxin levels, or whether the levels for LBMs applied to processed products. The Commission confirmed that it was the latter, referring to the EFSA advice that the levels increased during processing, although by how much was not clear. For this reason, the Commission would want to maintain this proposal.

Fishery products to which additives are added

The Commission explained the proposed change to clarify the status of fishery products to which certain additives were added. The Commission further explained that it was intended to regularise the situation in the consolidated text of the additives legislation currently being discussed.

Whole fish in brine

Concerns were expressed by some Member States who felt that the revised wording suggested by the Commission still did not fully address the ambiguity of the English text. The issue of tuna loins which might be either cooked or raw, then frozen, then sent for canning was also raised - the Commission indicated it would consider this further in the next iteration of the reflections paper.

Classification of areas for marine gastropods

The Commission explained that the draft responded in part to discussions in Codex on abalone production. The Commission agreed that the wording in documents 4449/2009 and 4456/2009 should be the same, namely '…provisions on classification of production areas…'. If this amendment was supported, then the parallel provisions concerning imports (Article 6(1) (b)(iii) of Regulation 853/2004) might need to be considered. The Commission agreed to reflect further. The Commission would be prepared to consider extending the provision to echinoderms and tunicates if more information were forthcoming.

Packages of LBMs for retail

A query was raised concerning the application to wholesale activities. The Commission pointed out that since the wording did not say 'direct' then intermediate wholesale activities would be covered.

Wild game declaration

Some Member States had suggested that the inclusion of the reference to permission of the competent authority was an unnecessary burden. The Commission replied that it was not persuaded to remove this.

Temperature requirements for meat from poultry and lagomorphs

A query was raised concerning the need to change provisions in paragraph 4 of the proposed text for inclusion in Annex III, Section II, Chapter V of Regulation 853/2004 (page 5 of 4449/2009). The Commission reported that this had attracted widespread support. Member States were asked to reflect further on the proposal for discussion next time.

Food chain information (FCI)

The Commission asked for further comments on this, which had been considered at the previous meeting. Some Member States expressed some dissatisfaction with the proposal, since they wanted to retain the principle of FCI delivery 24 hours in advance. The Commission (supported by the majority of Member States) pointed out that while it was successful in more integrated production systems, it was not always achievable in relation to sheep coming via livestock markets for example.

World Organisation for Animal Health (OIE) listed diseases

This was the only item in proposed Regulation SANCO 4456/2009 not covered in parallel in discussion of 4449/2009. The Commission explained how the merging of Lists A and B by OIE had meant the need for consequential amendments to Regulation 854/2009 which contained reference to these. Member States raised concerns that the reference to an Official Veterinarian declaring meat unfit for human consumption no longer made sense since some diseases on the single list (Aujesky’s, EBL) were not significant for public health; a solution had been to suggest a positive list of zoonoses, and the Member States in question had written to the Commission, which undertook to reflect further.

Member States were encouraged to send in any other comments and suggestions to the Commission on the two proposals in advance of the next meeting on 25 May.

Agenda item 2: Proposed draft Commission Regulation laying down transitional arrangements (SANCO/1733/2008)

Withdrawn.

Agenda item 3a: Member States reports on food chain information for 2008

The Commission reminded Member States of their obligation to report on a year by year basis their experience with operating the staged approach to FCI. As before, the Commission would be willing to produce and circulate a summary of the Member States’ data. They were particularly keen to hear about any issues which had arisen in relation to species for which individual animal identification (i.e. equines) had arisen.

The Commission also reminded Member States that there had been interest in establishing a website from where Food Business Operators and competent authorities (CAs) could get information about Member States’ FCI requirements, including any links to where forms could be accessed. The Commission was willing to build and host such a website, but to date only nine Member States had given information.

Agenda items 3b: Updated reflection paper

In the time available, only the items on LBMs were discussed. The Commission introduced the section on 'harvested outside classified production areas'. Various views were expressed by the Member States over this issue including the need for the exemption to apply only to areas demonstrably not affected by faecal contamination sources, and that guidance on interpreting this might be provided by the restricted group on classifying LBM harvesting areas. The Commission agreed, indicating that the group felt that changes to the legislation were needed in this and other areas before guidance could be formulated. For this reason, the proposal would probably remain within the reflections paper until further progress is made.

In relation to the proposal to extend the regime to other species, Member States referred to the need to monitor phytoplankton. One Member States queried how, and if the substitution in the proposal were made, it would be possible to distinguish between the products coming from classified areas, and those which did not. The Commission undertook to reflect further on this.

In relation to classified fishing grounds for Pectinidae, Member States support was expressed to the proposal in principle, but need to refer to 'live bivalve molluscs' rather than 'pectinidae' if the previous proposal was accepted.

The Commission introduced an addition to the reflection paper which detailed legislative issues to be discussed before guidance on 854/2004 could be finalised in an update paper. Six issues had been identified which the restricted group felt needed to be discussed with all Member States, namely:

• the possibility for preliminary, initial, provisional classification and seasonal classifications of production or relaying areas
• the issue of a two-class versus a three-class attribute plan (in relation to classification of mollusc harvesting areas based on microbiological contamination)
• the requirement for “Sanitary survey” does not have a risk-based approach
• additional monitoring must comprise laboratory tests
• investigation of the cause when microbiological health standards have been exceeded
• classification and sampling plan review

Member States were encouraged to send in any comments on the reflection paper before the next meeting of the Group.