Report on meeting of Commission Working Group on food hygiene legislation: 6 March 2008

Hygiene legislation review
Commission set out its current thinking on progressing the review. There was a suggestion that more time is needed before major (i.e. co-decision) proposals are made. The priority will be the time limited co-decision issues followed by other priorities from Member States (MSs) and (some) changes to the guidance.

Comitology amendments – further discussion of current raft of amendments

• SANCO/42/2008 – on the use of clean water. Not discussed
• SANCO/43/2008 – on clarification of ID marking
• SANCO/44/2008 – concerns about training of plant staff

MSs urged to submit further comments before 20 March.

Fish oil proposal
Presentation on work to date. Some concerns expressed on certain elements and the criteria. The Commission keeps to line that this represents a compromise. Again, comments sought by 20 March.

Reptile meat
Varying views expressed about the need for controls (imported and EU produced).

Guidance material
Commission indicates areas where it will suggest changes.

'State of play' reports

• the proposal on frozen products of animal origin (POAO) and traceability of POAO
• issues MSs encountered with food chain information
• the Commission’s plans for maintaining the register of guides to good practice and the details MSs should provide
• the mission to Canada to consider steam pasteurisation of bovine carcasses

Official Veterinarian (OV) presence at the slaughter of farmed game
MSs were invited to write (before 20 March) about any problems in relation to this issue (not reported further).

Date of next meeting
Monday 14 April.

Review of the hygiene legislation
The Commission indicated that more experience with the operation of the hygiene legislation was required before considering the need for more substantive changes. This would mean that while the report to the Council and the Parliament would be tendered by May 2009 as planned, co-decision proposals would not be prepared to accompany it. The Commission legal services had given a view that, if necessary, transition measures could be extended. The Commission might need to come back to MSs for more information to inform the report.

As far as comitology issues were concerned, the Commission was working on the priority issues where time-limited provisions would lapse. Other comitology issues, including MS suggestions, would not be forgotten and would be considered in a second 'wave' later in the year.

The issue was raised of how the review stood in regard to the proposal to amend Article 5 of Regulation (EC) 852/2004. The Commission reminded the meeting of the views taken in Council on this. It was now under consideration in the European Parliament (EP), after which the Commission would need to reflect. The view was that this would be pursued under the Slovenian Presidency.

Amendments to the hygiene legislation
The three documents concerned were:

SANCO/42/2008
Not considered. The Commission indicated that as use of clean water in relation to fishery products had been discussed at the previous meeting it would not be considered at this meeting.

SANCO/43/2008
The Commission explained why changes were proposed to the provisions on ID marking. Some MSs had experienced problems and the changes were intended to clarify matters.

A number of MSs had difficulties with the change intended to clarify when new marks were needed. There was considerable confusion over removal of wrapping or packaging. The Commission referred to the link to paragraph 13 of Annex II to Regulation (EC) 853/2004 and accepted this needed to be made clearer, perhaps by more prominence in the guidance.

In relation to the provisions on eggs, issues were raised regarding the relationship between producer ID marking of eggs and packing centre codes. The Commission clarified that the code had to be the packing centre, which was the establishment requiring approval.

Concerns were raised by MSs about third countries using ID marks bearing the letters 'EC' or equivalent. The Commission clarified that while all health marks were oval, only EC production was marked with those letters.

The Commission raised an issue where some of the constituent countries of the UK had wanted to include the country name within the mark. No other MS had experience of this, although there was some use of regional coding in the marks. The Commission indicated it would consider further.

The linguistic changes to refer to 'food chain information' (FCI) were accepted. Points 1(a) and (b) of Annex II were not discussed. Point 1(c) in relation to poisonous fish was accepted.

The amendments to dairy products were introduced by the Commission. The intention was to revert to the previous legal requirement, while attempting to take account of changed terminology for dairy products. In general, a distinction had to be drawn between milk that was to be used for preparation of products such as yoghurt and cheese where manufacture requires the presence of large numbers of bacteria. The Commission took note and said it would work further on the text for the next meeting. It also invited written comments from MSs.

In relation to shell eggs, those MSs wanting to maintain national temperature requirements expressed themselves content. The Commission reminded MSs that the provisions had been in the previous legislation and it was highly unlikely EFSA would be able to give an opinion. The Commission pointed out that the proposal on liquid egg in relation to the use of cracked eggs also maintained the previous requirements.

SANCO/44/2008
The proposals in relation to poisonous fish were accepted without discussion.

In relation to training of slaughterhouse staff, some MSs supported the premise that staff should only be trained for the tasks they would perform. Also, others felt the reference to the examination in square brackets should be deleted. Some MSs also raised concerns with the problems of ISO certification for small plants, in that this could be a disproportionate burden on micro-businesses. The Commission took note of all views and would consider, but reminded the meeting of the EP's strength of feeling on this latter point.

The Commission introduced the remaining measure on zone classification for live bivalve molluscs. Various views expressed on maintaining the current transitional position. MSs were asked to consider.

Draft proposal regarding fish oil for human consumption
The Commission explained the rationale for the proposal and how it had been developed in a restricted working group with stakeholder input. This was intended to supply proportionate public health controls while acknowledging the realities of production and the issues third countries could face in meeting the requirements. Stakeholders would be further consulted before the next Working Group in April. The likelihood was a discussion in Standing Committee on the Food Chain and Animal Health (SCOFCAH) on 22/23 April with a vote on 20/21 May.

A number of MSs expressed concerns at the 36-hour limit and how this might read across to animal by-products controls. Varying views were expressed about the end product standards and these varied from those who felt these were too much about quality and those who felt more standards (or more stringent ones) were needed. The Commission invited all MSs to reflect further and to comment before 20 March.

Reptile meat
The Commission reported that the need for controls on reptile meat seemed to have waned. An EFSA opinion had been obtained and was summarised in the Commission document. The Commission noted that those MSs expressing a view remained interested in the possibility of controls, but this was not a priority issue.

Proposed amendments to guidance documents
The Commission intends to consider changes to its guidance documents and apologised that the paper had not been prepared. Topics so far identified include bulk transport, use of clean water, identification marking, 'composite' products and dairy products. The Commission hopes to include this on the agenda of the next meeting.

'State of play' reports

Proposals on frozen POAO and traceability
The Commission thanked the MSs that had responded about the latest drafts. A broad range of comments had been received (including questions as to the need for such proposals) on which the Commission was reflecting with a view to improving the proposals. It was stated as a matter of principle that an impact assessment would not be carried out as these were comitology proposals. To be considered at the next meeting.

Food chain information
The Commission explained what had emerged from MS reports. In general, arrangements broke down if there was not co-operation between food business operators and the competent authority. The Commission asked whether the subject should be discussed in more detail at a future meeting and invited MSs to comment further on FCI.

Register of national guides to good practice
The Commission outlined proposals for the information MSs should supply on these guides. The intention was to clarify the requirements and only request copies where necessary. There was also a need to find a proper place on the SANCO website for feed guides. It was intended to produce a guideline document for consideration at a future meeting. A number of MSs raised issues in relation to the list of proposed key words. Comments on this and on any other aspects were invited.

Mission on steam pasteurisation of bovine carcasses
A presentation about the mission to Canada was given. The Commission explained it had not yet reached conclusions on this practice. Further work was needed, including examining any (experimental) systems in MSs. On the related issue of anti-microbial treatments, it was reported that the various scientific opinions on decontaminants were expected by the end of March. This would open the way to reconsidering the previous proposed legislative change.