Report on meeting of Commission Working Group on food hygiene legislation: 16 April 2007
Thursday 24 May 2007
Review of the hygiene legislation.
The Commission tabled the most recent version (14 April) of its Catalogue of Member States’ (MSs) General Comments and Co-Decision Proposals – a compilation of MS responses to the Commission’s request for information.
Having received views from most MSs, the Commission noted a general view that there was no need for major structural changes to the legislation. The Commission asked all MSs to confirm in writing that they were in agreement with this position and again sought contributions to the review from those MSs that had still not done so. The Commission also agreed to send out specific supplementary questions to MSs.
The Commission noted that the catalogue contained many individual proposals made by only a single MS and stated that it was necessary to identify ‘four or five large items’ to take forward.
The intention is for the Commission’s report to the Council and to Parliament to contain only proposals that require co-decision. Issues which can be resolved by comitology will be handled separately and the Commission intends to produce a Catalogue of such MS proposals for the next Commission Working Group meeting.
One specific proposal was discussed – the direct supply, by the producer, of small quantities of meat from poultry and lagomorphs slaughtered on the farm to the final consumer or to local retail establishments. The issue centred on whether to retain the transitional arrangement that permits such meat to be sold to the final consumer in processed form (e.g. cooked in a restaurant) to fresh meat only. No resolution to the discussion – to be continued at the next meeting.
Timing of the process will be determined by the need to meet a deadline of June 2008 for co-decision proposals to be subjected to an impact assessment.
Implementing measures and amendments to the Hygiene Regulations
SANCO/2696/2006 rev 6
The Commission introduced the latest revision.
The Commission introduced the item on the inclusion of the ELISA method for the detection of ASP toxins. Some MSs felt that there was no need to refer to a specific method and that any internationally recognised validated method should be permitted. The Commission countered by pointing out that no objections had been raised to the inclusion of the Lawrence method for the detection of PSP toxins, because it had been officially published, and that the same principle applied here; also that MSs had to be told what methods were validated.
The UK highlighted three areas of significant difference between the Lawrence method and the proposed ELISA method: the ELISA method had not actually been published by the AOAC as a validated method, the Lawrence method is generic and not proprietary, and the CRL performed ring trials with the Lawrence method (after publication) and had found problems such that it was not yet adopted as the reference method. Additionally, the UK felt that MSs had little difficulty in determining what methods had been internationally validated. The Commission accepted the UK points and agreed to redraft the text along the lines of permitting alternative screening methods without specifying any particular method.
It was noted that the definition of holding in Annex II refers to Regulation (EC) 1760/2000, which relates only to bovine animals.
Some MSs expressed reservations about the proposal that ‘the competent authority may decide based on a risk analysis that meat with certain minor abnormalities as defined by the competent authorities, which pose no risk to animal or human health, does not need to await inspection by the official veterinarian’. The Commission stated that it will try to resolve this.
SANCO/140/2007 rev 4
The proposed amendments to Annex I on the derogation on record-keeping for small-scale fishing based on the criterion of fishing vessels less than 12 metres was queried by a number of MSs, including the UK. The UK advocated combining the size of the vessel with the previous proposal of duration of fishing trip (i.e. not more than one day) as a compromise and a more risk-based approach to the situation. This was supported by the Commission as a possible way forward.
UK proposal to stipulate a minimum temperature rather than a range for the processing of gelatine has been incorporated in Annex II.
Survey results on invertebrates and rodents
The Commission presented the results of its survey of MSs on production and import of invertebrates for human consumption. Most sought harmonisation on rodents. There was a consensus for risk analysis and to seek input from EFSA. The Commission will draw up a positive list and asked MS to inform them of any species required if not already mentioned in the survey.
With regard to invertebrates, the Commission suggested that this should be left to national governments to regulate. The felt that the issue was not pressing (MSs generally agreed) and promised to report back on a ‘positive list’.
Bacteriophages
Commission introduced discussion by stating that the Working Group had been asked to give a view on this question. The question arises as to whether bacteriophages should be considered as a food additive, a processing aid or an AMT.
The Commission noted divergent MS views, but all MSs noted the need for an assessment by EFSA of the use of phages.
Coldstores
The Commission introduced its revised ‘non-paper’ on coldstores, containing its proposed possible actions at EU level. Discussions followed about the Commission’s suggestion for mandatory labelling of frozen meat with the date of freezing and maximum storage time. Some MSs supported the suggestion but felt it should be covered in labelling legislation rather than the hygiene legislation.
UK again stated its view that it did not consider that these suggestions would prevent fraud, but would place an additional burden on law-abiding businesses. It opposed the requirement for maximum storage times on the grounds that this is a food quality issue and not a food safety issue.
However, a Commission specialist on labelling legislation confirmed that any proposals for labelling of frozen meat must be made in the hygiene legislation and not labelling legislation.
Date of next meeting
Probably a two-day meeting, provisionally 29-30 or 30-31 May.
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