Report on Council Working Party Meeting: 21 May 2007

This report updates stakeholders on the continuing negotiations at European level on the Commission’s proposal to exempt certain businesses with fewer than ten employees from the requirement to operate procedures based on HACCP principles; in particular as regards discussions on a compromise text issued by the Presidency. The Presidency’s compromise text is attached.

A blocking minority of Member States formed against any change to the present food hygiene regulations. Some Member States (those who saw merit in the Presidency compromise approach) indicate there is a need for further work on points of detail in the compromise text.

The Council legal service stated that it was possible to split the elements of the Commission proposal (i.e. transport and hygiene), but the consequences of doing this would depend on the views of other partners in the negotiation, namely the European Parliament and the Commission.

The Presidency introduced its compromise proposal (English and German text - attached to this report.) The Commission expressed gratitude for the efforts made to secure a compromise.

Most Member States considered that the text constituted little or no progress or that the text needed a lot more work if it was to be useful. However, many did not feel that amendments to the hygiene legislation are necessary at all.

From the balance of the views expressed, the Presidency concluded there was currently a blocking minority in relation to the compromise proposal of the Presidency. Member States were reminded that the Heads of Government had given support to the reduction of burdens so this was an issue where results needed to be striven for.

The Presidency concluded this should be taken to COREPER (the Committee of Permanent Representatives – the next level in the Council hierarchy which considers political rather than technical issues) within the next two or three weeks to gauge what scope exists for making progress. It is possible that COREPER deliberations will take place on the basis of the current or a further Presidency compromise, or simply be general in nature; the Presidency will reflect on this.

The meeting considered specific aspects of the Presidency compromise text, referred to in the footnotes.

1. Application to retail establishments selling direct to the final consumer
There was general agreement that any derogation should be limited to retail establishments supplying food direct to the final consumer only. This could be achieved by using the word 'only' or 'solely' either alone or in combination with a reference to establishments which were subject only to the provisions of Annex II to Regulation 852/2004 (thereby putting it beyond doubt that it could not apply to premises covered by Regulations 853/2004).

2. Limitation of the derogation to exclude processing of foodstuffs
There was agreement that the scope of any derogation should be limited so that operations which might constitute a high level of risk in relation to food at point of supply would not be excluded from the HACCP-based procedures requirements. It was generally felt this needed to extend beyond processing, as defined in the legislation.