COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC92) 552 final 
Brussels, 16 December 1992 
Commission Report to the Council on the minimum requirements to be met 
with regard to structure and equipment by small establishments ensuring 
the distribution of fishery products and live bivalve molluscs. 
Proposal for a Council Decision laying down the minimum requirements to be 
met with regard to structure and equipment by small establishments 
ensuring the distribution of fishery products in Greece. 
Proposal for a Council Decision laying down the minimum requirements to be 
met with regard to structure and equipment by small establishments 
ensuring the distribution of live bivalve molluscs in the United Kingdom. 
(presented by the Commission) 
1 
EXPLANATORY MEMORANDUM 
Council Directives 9T/492/EEC of 15'July 19911 and 91/493/EEC of 
22 July 19912 laid down the health conditions for the production and the 
placing on the market of live bivalve molluscs and fishery products. The 
rules include structural and equipment requirements which are to be met by 
establishments. 
In order to allow the establishments which do not meet the requirements in 
question to do so, a period may be granted expiring on 31 December 1995 
within which derogations may be authorized in respect of a list of specific 
points set out in the Annex to Directive 91/493/EEC and in Commission 
Decision 92/92/EEC of 9 January 1992 laying down the requirements relating to 
equipment and structure of dispatch and purification centres for live bivalve 
molluscs, for which derogations may be granted3. 
Moreover, Articles 14 of both the Directives lay down that the Commission, 
after consulting the Member States, is to submit a report to the Council 
concerning the minimum structural and equipment requirements to be met by 
small establishments which distribute on the local market and are situated in 
regions subject to particular supply constraints. 
The intention is to prevent the disappearance of existing establishments, 
which, on account of their small size and low production level, would not be 
able to meet all the requirements for Community approval set out in the 
Directives, but which play a vital role in supplying the local market of the 
region in which they are situated. 
After consultations with the Member States, it emerged that only Greece and 
the United Kingdom were concerned by this type of establishment. The report 
establishes that permanent derogations may be granted, on the basis of the 
temporary derogations, to establishments which have a production limited to a 
fixed level and which supply only the local market. With these conditions it 
is possible to avoid the risks of distortion of competition which these 
deorgations could give rise to within the Community. 
1 OJ No L 268, 24.9.1991, p. 1. 
2 OJ No L 268, 24.9.1991, p. 15. 
3 OJ No L 34, 11.2.1992, p. 34. 
- 2 -
The purpose of both the proposals for a Council Decision is to lay down the 
conditions in question for fishery products establishments in Greece and for 
the producers of live bivalve molluscs in the United Kingdom. The products of 
the establishments in question must not In any way adversely affect the health 
of the consumer and will not bear the marks provided for in Directives 
91/492/EEC and 91/493/EEC permitting their free circulation on the Community 
market. 
3 
Commission Report to the Council 
on the minimum requirements to be met 
with regard to structure and equipment by small 
establishments ensuring the distribution of fishery products 
and live bivalve molluscs 
1 
REPORT FROM 
THE COMMISSION TO THE COUNCIL 
on the minimum requirements to be net with regard to structure and equipment 
by small establishments. 
INTRODUCTION 
Articles 14 of the Council Directive of 15 July 1991 laying down the health 
conditions for the production and placing on the market of live bivalve 
molluscs, and the Council Directive of 22 July 1991 laying down the health 
conditions for the production and placement on the market of fishery products 
stipulate that the Commission, after consulting Member States, is to submit a 
report to the Council on the minimum requirements to be met with regard to 
structure and equipment by small establishments which supply the local market 
and are situated in areas subject to particular constraints with respect to 
their own sources of supply, possibly accompanied by proposals. 
The Commission wishes to prevent the disappearance of establishments which 
would be unable to meet all the requirements laid down in the Directives with 
regard to Community approval of installations and equipment, but which are 
nonetheless essential to the local markets in their respective regions. 
Directives 91/492/EEC and 91/493/EEC only apply to the production and the 
placing on the market of live bivalve molluscs and fishery products. The 
Commission has been asked by several Member States for a definition of 
"placing on the market". In Directive 91/492/EEC, placing on the market does 
not include the direct sale of live bivalve molluscs on the local market in 
small quantities by coastal fishermen to retailers or consumers. In 
Directive 91/493/EEC, placing on the market does not include retail sale or 
direct sale of small quantities on the local market by fishermen to the 
retailer or consumer. The hygiene requirements for these establishments or 
activities are subject to the health checks laid down by national rules for 
inspecting retail businesses. 
A retail establishment, i.e. the premises where products are delivered to the 
consumer, does not therefore correspond to the definition of establishment 
given in point 14 of Article 2 of Directive 91/493/EEC and is consequently not 
subject to the requirements laid down in Articles 6, 7 and 14 of that 
Directive. 
CONSULTATION OF MEMBER STATES 
In November 1991, the Commission consulted Member States requesting full 
information on the nature of the establishments and areas to which the 
Directives could apply and where a derogation would enable them to qualify for 
Community approval. 
"Small establishment" needs to be defined either in terms of size or in terms 
of the ratio of volume produced to the total production of the country or 
region, account being taken of the possible risk of distorting competition 
with the Community. 
"Local market" needs to be defined in terms of geographical range of 
distribution of products to consumers, given that these products will not be 
distributed to all parts of a Member State and will be unlikely to reach other 
markets within the Community. Contiguity - or proximity - between the place of 
landing, the location of the preparation or processing plant and the area of 
distribution of the products should also be considered. 
Finally, regions subject to particular constraints on sources of supply should 
be assessed in terms of the distance between the production and distribution 
centres, transport problems and/or particular weather conditions which mean 
that for all or part of the year maintaining a supply to the local population 
depends on available local resources. When these Directives were adopted by 
the Council, certain islands or areas isolated from the Community were cited 
as examples of regions subject to such constraints. 
In response to this consultation, the Commission received information from 
three Member States only and has assumed that Member States that have not 
replied after seven months have no establishments or areas to which 
Articles 14 of the two Directives could apply. 
REPORT FROM FRANCE 
France is not in favour of continuing derogations from the requirements 
regarding structure and equipment laid down in Directives 91/492/EEC and 
91/493/EEC. It considers that the majority of bivalve mollusc dispatch centres 
or preparation and processing plants for fishery products in France are small 
establishments able to supply the national market and to export, and that 
there are no French regions subject to supply constraints. 
64% of dispatch centres have a surface area of less than 250 m2 and 87% of 
these centres dispatch less than 100 tonnes of live bivalve molluscs annually. 
Out of 1 400 establishments, 70% have a useful surface of less than 250 m2 
and 83% process less than 500 tonnes of raw material annually. 
In conclusion, France does not intend to make use of the possible derogation 
provided for in Articles 14 of the Directives. 
REPORT FROM GREECE 
in Greece there are numerous small islands and coastal villages separated from 
the rest of the country by mountainous regions. Links with these islands or 
villages are subject to weather conditions, particularly in winter when sea 
links are often suspended due to bad weather. Supplies to all of these small 
islands or isolated villages are therefore restricted, especially in winter. 
Fishing activities in these regions of Greece are a means of subsistence 
rather than a form of placing on the market within the meaning of the 
Directive. They help to maintain supplies to the local population and to limit 
the number of people moving to the more favoured regions. 
Local fishermen supply the retail market daily by selling their catches to 
consumers, retailers or local restaurant owners. Directive 91/493/EEC does not 
apply to this kind of activity. However, production fluctuates and sometimes 
catches exceed the absorption capacity of the immediate market for fresh fish. 
In the absence of facilities for freezing, these surpluses are salted and 
smoked locally in small workrooms. 
! 
Surpluses are preserved and put back on the local market when catches are low 
or when weather conditions make fishing impossible. 
These traditional processing plants are very simple and would require 
extensive changes before they couid comply with all the requirements laid down 
in the Directive. They are essential to the local community and, if they are 
to survive, they should be subject to minimum requirements only as regards 
structure and equipment. The full health requirements would apply. 
Less stringent structural requirements would not upset the balance of 
competition with other fishery products placed on the Community market for the 
fol lowing reasons: 
1. Products are placed exclusively on the local market, which is defined as 
the territory of the island or, on the mainland, a radius of fifty 
kilometres from the processing plant. 
2. The regions which are subject to these conditions are precisely those 
regions where a supply of perishable foodstuffs from other regions or other 
Member States cannot be guaranteed. 
3. Production in the small-scale local plants is very limited and cannot 
exceed 36 tonnes per year of smoked salted fish. 
The Greek Government proposes that exemptions to the requirements of 
Directive 91/493/EEC should be granted with respect to the following points: 
Chapter III of the Annex, under the general conditions relating to premises 
and equipment, (2)(c): ceilings, (g): taps must not be handoperable, (3): use 
of a communal cold room separate from the salting and smoking workroom, (6): 
premises for the storage of waste containers, (9): an adequate number of 
changing-rooms, washbasins and lavatories, (10): a room for the use of the 
inspection service, and (11): facilities for cleaning and disinfecting means 
of transport. 
These fishermen also catch bivalve molluscs (mainly mussels and scallops) and 
marine gastropods. Naturally-occurring molluscs are caught in small quantities 
only to supply the local market. 
? 
They are mainly sold directly to the consumer or to local restaurant owners. 
The molluscs are washed and cleaned aboard small boats and sold directly by 
the fishermen without going to any approved dispatch centre, which do not in 
any case exist. In accordance with the definition of placing on the market in 
Article 2(16) of Directive 91/492/EEC, this activity can be considered as a 
direct transfer to the local market in small quantities by coastal fishermen 
to the retailer or consumer, and it is not subject to the requirements of the 
Directive but must be subject to the health checks laid down by the Greek 
author it ies. 
REPORT FROM THE UNITED KINGDOM 
The United Kingdom Government considers that, given the derogation in the 
Directive for retail sales or direct transfers on the local market of small 
quantities by fishermen to the retailer or consumer, very few existing 
establishments would fall into the category covered by Article 14 of 
Directive 91/493/EEC. 
However, the Government is concerned for a small number of producers in more 
isolated regions of the United Kingdom who sell live bivalve molluscs and 
maintain high standards of hygiene without the need for sophisticated 
establishments given their particular markets, it would be essential to fix 
minimum requirements for these producers as regards structure and equipment, 
provided above all that the molluscs are only from areas classified in 
Category (a) in Chapter I of the Annex to Directive 91/492/EEC (which permits 
products to be placed on the market without having been purified). 
The production of establishments that qualify for these minimum requirements 
should be limited to 200 kg of mussels per day (or 20 tonnes per year), 20 kg 
of oysters per day (or 2,5 tonnes per year), and 20 kg of carpet shells per 
day (or 2,5 tonnes per year). 
The concept of local market or region subject to particular constraints with 
respect to supply is difficult to define and the United Kingdom Government 
recommends that, in accordance with the principle of subsidiarity, these 
requirements should be left to the discretion of Member States within a 
general definition of a "limited region." 
The points on which exemptions to the requirements of Directive 91/492/EEC 
could be granted appear in the Annex to the Commission Decision of 
9 January 1992, fixing the requirements regarding the equipment and 
1 
structure of dispatch and purification centres for live bivalve molluscs for 
which derogations may be granted. For these establishments whose production is 
limited and which are situated in isolated regions, the temporary derogations 
provided for in the second subparagraph of Article 5(1)(a) of Directive 
91/492/EEC would therefore become permanent. 
CONCLUSIONS 
The consultation carried out by the Commission has revealed that only two 
Member States consider themselves affected by the problem of small 
establishments ensuring distribution on the local market in regions subject to 
particular constraints with respect to supply. 
It is particularly clear that in the absence of minimum requirements as 
regards structure and equipment, small establishments in these two countries 
would disappear as they are unable to make the necessary changes to comply 
with Community regulations. The disappearance of these establishments would 
prevent the local fishery-products industry from developing and modernizing 
and the population would move to more favoured regions. 
Any less stringent requirements as regards structure and equipment which may 
be adopted for this kind of establishment must not result in unfair 
competition with other establishments that have made the investments necessary 
to comply with the requirements of the Directives. Distortions of competition 
can be avoided by limiting the permitted volume of production to small 
quantities and by restricting market access to a limited area. 
Furthermore, although the fishery products from establishments granted 
derogations may be sold in small quantities in a limited area, they must not 
put the health of the consumer at risk. Derogations can therefore only be 
granted on non-critical points, where preventive measures can help offset the 
lack of adequate structures or equipment. These points are listed in 
Chapter IX of the Annex to Directive 91/493/EEC and in the Commission 
Decision 92/92 of 9 January 1992 laying down the requirements concerning 
equipment and structures for live bivalve mollusc dispatch and purification 
centres for which derogations may be granted. The points are backed up by the 
conditions necessary to maintain the quality of products. 
10 
With respect to the above points, the Commission proposes two draft Council 
Decisions: 
1) One setting the minimum requirements to be met with regard to structure and 
equipment by some small establishments ensuring the distribution of fishery 
products on local markets and situated in areas of Greece subject to 
particular constraints with respect to sources of supply. 
2) The other setting the minimum requirements to be met with regard to 
structure and equipment by some small establishments ensuring the 
distribution of live bivalve molluscs on local markets and situated in 
regions of the United Kingdom subject to particular constraints with 
respect to sources of supply. 
H 
Proposal for Council Decision 
of 
laying down the minimum requirements as regards 
structure and equipment to be met by certain 
small establishments ensuring the distribution 
of fishery products in Greece 
Il 
Proposal for a, 
çounçH Decision 
of 
laying down the minimum requirements as regards structure and equipment to be 
met by certain small establishments ensuring the distribution of fishery 
products in Greece 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the 
health conditions for the production and the placing on the market of fishery 
products1, and in particular Article 14 thereof, 
Having regard to the proposal from the Commission2, 
Whereas some islands and regions in Greece may, by reason of their isolation 
or remoteness, be subject to specific constraints as far as their supply is 
concerned; 
Whereas on these islands and in these regions in Greece, there are small 
smoking and salting establishments for fishery products which play a vital 
role in supplying the local market of the region in which they are situated; 
Whereas, in order to prevent these small establishments from disappearing, it 
is necessary that less stringent minimum structural and equipment requirements 
be applied to them than those set out in Directive 91/493/EEC; 
1 OJ No L 268, 24.9.1991, p. 15. 
2 OJ No C 
\l 
Whereas, in order to avoid distortions of competition within the Community, to 
these minimum requirements must be added limits as regards the establishments' 
production volume and the products' marketing area; 
Whereas the fishery products processed by these small establishments are to be 
reserved for the supply of the local market and are not to bear the 
identification mark referred to in Article 3(1)(f) of Directive 91/493/EEC, 
HAS ADOPTED THIS DECISION: 
Art icle 1 
This Decision shall apply to certain establishments carrying out smoking and 
salting operations on fishery products on islands or in regions in Greece 
which are subject to particular supply constraints. 
Article 2 
The establishments referred to in Article 1 must meet the minimum requirements 
with regard to structure and equipment set out in the Annex to this Decision. 
Article 3 
The Greek competent authority shall ensure that the minimum requirements 
referred to in Article 2 shall apply to the establishments referred to in 
Article 1, provided the following conditions are met: 
the annual production of the establishment's salted or smoked products 
does not exceed 36 tonnes; 
(V 
the products' marketing area is either limited to the territory of the 
island on which the establishment is situated or is within a radius of 
50 kilometres of the establishment; 
the products do not bear the identification mark referred to in 
Article 3(1)(f) of Directive 91/493/EEC, but they bear a national mark 
which allows the monitoring of the distribution by the competent 
author ity. 
Article 4 
This Decision shall apply with effect from 1 January 1993. 
Article 5 
This Decision is addressed to the Member States. 
Done at Brussels, For the Council 
K 
ANNEX 
MINIMUM REQUIREMENTS WITH REGARD TO STRUCTURE AND EQUIPMENT 
The general conditions relating to premises and equipment provided for in 
Chapter III, I, of the Annex to Directive 91/493/EEC shall apply with the 
exception of the following provisions: 
1. Under point 2(c) insofar as the existence of ceilings or roof linings is 
concerned and (g) insofar as non-hand-operable taps are concerned. 
2. Under point 3, insofar as the existence of a cold room in each 
establishment is concerned, provided establishments have the possibility 
of using a collective cold room meeting the requirements of 
Directive 91/493/EEC. 
3. Under point 6, insofar as waste containers and premises for the storage 
therefore are concerned. 
4. Under point 9, insofar as changing rooms, wash basins and lavatories are 
concerned. 
5. Under point 10,- insofar as a lockable room for the use of inspection 
staff is concerned. 
6. Under point 11, insofar as adequate facilities for cleaning and 
disinfecting means of transport are concerned. 
If 
Proposal for Council Decision 
of 
laying down the minimum requirements with regard to 
structure and equipment to be met by certain small 
establishments ensuring the distribution of 
live bivalve molluscs in the United Kingdom 
/? 
Proposal for a 
Council Decision 
of 
v. 
laying down the minimim conditions with regard to structure and equipment to 
be met by certain small establishments ensuring the distribution of live 
bivalve molluscs in the United Kingdom 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the 
health conditions for the production and the placing on the market of live 
bivalve molluscs1, and in particular Article 14 thereof, 
Having regard to the proposal from the Commission2, 
Whereas, pursuant to Article 14 of Directive 91/492/EEC, minimum requirements 
with regard to structure and equipment may be laid down for small dispatch 
centres which distribute on the local market and are situated in regions 
subject to particular constraints with respect to their supply, 
Whereas some islands or regions in the United Kingdom may, by reason of their 
isolation or remoteness, be subject to particular supply constraints; 
Whereas on these islands and in these regions of the United Kingdom, there are 
small dispatch centres for bivalve molluscs which play a vital role in 
supplying the local market of the region in which they are situated; 
Whereas, in order to prevent these small dispatch centres from disappearing, 
it is necessary that less stringent minimum structural and equipment 
requirements be applied to them than those set out in Directive 91/492/EEC; 
1 OJ No L 268, 24.9.1991, p. 15. 
2 OJ No C 
V 
Whereas, in order to avoid distortion of competition within the Community, to 
these minimum conditions must be added limits as regards the volume of 
production of dispatch centres and the marketing area for bivalve molluscs; 
v. 
Whereas, for the purposes of protecting public health, these small dispatch 
centres should only market bivalve molluscs which come from areas in which the 
conditions of hygiene provided for in Directive 91/492/EEC for direct placing 
on the market obtain; 
Whereas the bivalve mollusques marketed by these small dispatch centres are to 
be reserved for the supply of the local market and are not to bear the mark 
referred to in Article 3(1)(i) of Directive 91/492/EEC, 
HAS ADOPTED THIS DECISION: 
Article 1 
This Decision shall apply to certain dispatch centres for live biivalve 
molluscs carrying out their activities on islands or in regions of the United 
Kingdom which are subject to particular supply constraints. 
Article 2 
The dispatch centres referred to in Article 1 must meet the minimum 
requirements with regard to structure and equipment set out in the Annex to 
this Decision. 
Art icle 3 
The United Kingdom competent authority shall ensure that the minimum 
requirements referred to in Article 2 shall apply to the dispatch centres 
referred to in Article 1, provided the following conditions are met: 
jy 
the live bivalve molluscs dispatched by the centre come exclusively from a 
production area satisfying the conditions laid down in Chapter I, (1)(a) 
of the Annex to Directive 91/492/EEC; 
the dispatch centre's daily production of bivalve molluscs does not exceed 
200 kg of mussels, 20 kg of oysters and 20 kg of carpet shells; 
the marketing area of the bivalve molluscs is determined by the competent 
authority in the light both of local supply constraints and the need to 
Iimit its size; 
the bivalve molluscs do not bear the mark referred to in Article 3(1)(i) 
of Directive 91/492/EEC, but they bear a national mark which allows the 
monitoring of the distribution by the competent authority. 
Article 4 
This Decision shall apply with effect form 1 January 1993 
Article 5 
This Decision is addressed to the Member States. 
Done at Brussels, For the Council 
2o 
ANNEX 
MINIMUM REQUIREMENTS WITH REGARD TO STRUCTURE AND EQUIPMENT 
I. The general conditions relating to premises and equipment provided for in 
Chapter IV, I of the Annex to Directive 91/492/EEC shall apply, with the 
exception of the following provisions: 
1. Under point 1, insofar as the construction of buildings or facilities 
is concerned, as well as type and slope of flooring, working space, 
type of walls and lighting. 
2. Under point 2, insofar as the number of changing rooms is concerned. 
3. Under point 5, insofar as the nature of materials intended to come 
into contact with live bivalve molluscs is concerned. 
II. The general hygiene requirements provided for in Chapter IV, II of the 
Annex to Directive 91/492/EEC shall apply, with the exception of the 
fol Iow i ng prov i s i ons: 
1. Under point 6, insofar as a separate area for the storage of waste 
products is concerned. 
2. Under point 7, insofar as under-cover storage for live molluscs ready 
for dispatch is concerned. 

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