Report on meeting of Commission Working Group on food hygiene legislation: 5 March 2007
Tuesday 20 March 2007
This is a report of the Working Group meeting on 5 March 2007. Discussion ranged across a number of topics, including the Review of the Hygiene Legislation, draft texts on trichinella controls, official controls on products of animal origin, amendments to Regulation 853/2004 and cold stores.
The publication by Member States of lists of approved premises and the status of bacteriophages were also discussed (these topics are detailed below.) Copies of the texts in pdf format can be found at the bottom of the page.
The Commission mentioned that changes to the comitology arrangements will mean that the Parliament will have a greater opportunity to intervene on proposed Commission legislation. It is not clear whether the three proposals currently under discussion will be subject to this new arrangement.
Date of next meeting: 16 (possibly 17) April 2007.
Review of the hygiene legislation
The Commission asked that all Member States submit their comments on the review by 31 March, when an analysis of the information would begin. The Commission cited a lack of input from Member States (necessary for the new requirement for impact assessments to justify legislative proposals) was slowing progress. Where Member States had returned comments, it was suggested that presentations of these could be given.
The accession countries (i.e. those that joined the Community on 1 May 2004) referred to the reluctance of their industries to make further changes in line with the more flexible application of the new requirements, since they had had to invest in making the changes to meet the requirements of the previous legislation.
The Commission indicated that it will be seeking a meeting of a subgroup of the Committee of the Food Chain to get industry stakeholders' reaction to the application of the legislation. No clear steer from the Commission was given on how, and to what timescale, it intends to take forward this work. Associated with this, Member States were asked to respond to the questions about the need for controls in the food hygiene legislation on Community production or import of certain types of rodents and invertebrates. Nine responses (including from the UK) were awaited.
Implementing measures and amendments to the hygiene regulations
Trichinella (SANCO/99/2007 Rev 1)
This Regulation introduces technical amendments to Regulation 2075/2005 to permit the use of a liquid preparation of pepsin, and was accepted with little discussion. A copy of this document is attached.
Official controls (SANCO/2696/2006 Rev 5)
In relation to the proposed amendment to the detection method for amnesic shellfish poisoning (ASP), a number of Member States had reservations about the current text as drafted, including the UK. The question was raised as to whether the intention was to amend the text each time an approved method was agreed. The Commission did not know in this case, but indicated that this would be so in relation to Trichinella. A copy of this document is also attached.
The definition of 'young ovine animal' was questioned by several MSs. UK proposal – not older than 12 months or (c.f. 'and') does not have any permanent incisor erupted – was accepted. The Commission sought written comments on goat kids from all Member States, but reminded member States that the current proposal was based on an EFSA opinion.
Much discussion as to when the Official Veterinarian (OV) should see all meat with 'minor abnormalities'. Commission re-stated earlier discussion that some common abnormalities did not require an OV assessment. The Commission's proposal to amend the text – '…certain minor abnormalities as defined by the competent authority...'– was agreed. The UK stated that it considered the requirement for the OV to make a visit to the establishment at least once a day when slaughter activities take place or have taken place to be disproportionate in very small slaughterhouses killing only one or two animals.
Amendments to Regulation (EC) 853/2004 (SANCO/140/2007 Rev 1)
In introducing this revision, the Commission explained that an opportunity had been taken to try to simplify requirements on certain types of fishing operation – this was in line with suggestions for fast track action contained in a Commission action plan to reduce administrative burdens. The action plan had also referred to the possibility of reducing the burden of compliance with the requirements in Regulation (EC) 852/2004 for food safety management procedures based on HACCP principles for certain types of business. This latter issue was to be taken forward in a separate legislative instrument. This text had been adopted by the College of Commissioners and would be dealt with under co-decision. The Commission did not know which Council would be leading and Member States were encouraged to become involved with this. It had been decided that the elements from the action plan concerning fishing vessels could be dealt with in this text.
Member States were clearly unfamiliar with the action plan and confused as to what the proposed amendment on fishing vessels was intended to achieve. Furthermore, some Member Sates felt that if simplification were appropriate, then this should be of wider application than just to fishing vessels. The UK stated that it had work in hand assessing the administrative burdens of the hygiene legislation and if this resulted in information that would be useful to the Commission, then the UK would share it. The UK reiterated, however, that the overriding requirement was the effective and proportionate protection of public health. The Commission asked for Member States to forward their comments.
The Commission explained that the text about gelatine manufacture had been amended to bring the country classification of BSE risk in line with Regulation (EC) 999/2001 and to clarify the requirements for heat treatment of bone material. However, several Member States preferred the original wording and the Commission promised to further amend the text.
Commission Paper on cold stores
The Commission explained that the paper's format was dictated by the need to provide justification for legislative interventions; it would be necessary to complete the paper with information on the impact of the proposed solutions. The issues (hygiene, labelling and traceability) covered a range of responsibilities within the Commission and the Member States as well as indicating action which the Commission should take and that where it was the responsibility of the Member States. Discussion raised a number of points. The UK re-stated its view that traceability required consignments to have some form of batch identification, but that the Commission's proposal for 'use by' dates for frozen meat had no scientific, food safety basis and would have no bearing on the prevention of fraudulent practices.
Any other business
Lists of approved premises
Member States were reminded of their obligations to link to the Commission website and to present information on their approved premises in the format that had been agreed upon. These arrangements should be in place from 1 January 2007 and Member States were asked to take steps to rectify any problems with this.
Status of bacteriophages
The Commission distributed a paper (by hard copy) originally tabled in September 2006 for the Working Group on Food Additives concerning the status and use of bacteriophages (viruses infecting only bacteria). The Working Group was asked to consider whether they should be treated in the same way as decontaminating agents under Article 3(2) of Regulation (EC) 853/2004 (albeit they were not intended to be rinsed off food as was the case with the decontaminating agents that had been considered so far). Member States were asked to be able to comment at the next meeting.
