WRITTEN QUESTION E-1178/02

by Anneli Hulthén (PSE) to the Commission

(25 April 2002)

Subject: Sea transport of margarine fats in chemical tanks

The central rule in EC provisions on food hygiene is that containers or tanks used for bulk transport of food may only be used for foodstuffs. There are, however, exemptions from these rules for sea transport of food oil and margarine fats to avoid forcing ships to return empty to Malaysia, for example. Some one hundred substances, including hydrocarbons, acetone and other hazardous solvents, have been examined and approved by the EC's scientific committee as acceptable alternative cargoes for transport in such tanks. At the same time, it is not clear who is responsible for monitoring compliance with the provisions.

Tests on margarine fats sold to retailers, however, have revealed that they contain residues of these substances despite cleaning of the vessel's tanks and the customary refining of the raw materials used in margarine fats.

Can the Commission say for how long the current exemption is to apply? When does it intend to stop thinking in purely economic terms and also apply the precautionary principle to these cargoes?

Answer given by Mr Byrne on behalf of the Commission

(11 June 2002)

Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(1) requires bulk liquid, granulated and powdered foods to be transported in receptacles and/or containers/tankers reserved for foodstuffs only. However, Commission Directive 96/3/Euratom, ECSC, EC of 26 January 1996 provides for a derogation from certain provisions of this Directive.

This derogation only applies to transport by sea. If a shipper wants to use a non-dedicated container for the transport of the oils or fat by sea, the previous cargo must be one included in the acceptable previous cargo list. If the oil or fat is not going to be refined, for example virgin oils, or the container is not stainless steel or epoxy lined, the three previous cargoes must be substances from the acceptable previous cargo list. All the other transport (road, rail, by canal) must be in dedicated foodstuffs only containers.

In addition, all the other provisions and health requirements foreseen by Directive 93/43/EEC apply, in particular:

- the food business operator (i.e. the owner of the ship), has to apply the principle of Hazard Analysis and Critical Control Point (HACCP) and identify those points critical to the safety of the cargo and control potential hazards to health at these critical control points (Article 3);

- ensure that containers are used for foodstuffs only unless the conditions in the derogation apply (Annex, Chapter IV); and that

- containers are kept clean, good repair and designed to allow effective cleaning and disinfection (Annex, Chapter IV);

- there must be effective separation between one part of a container and another part if two commodities are transported at the same time (Annex, Chapter IV);

- if necessary, the container must be capable of transporting the food at the appropriate temperature, with monitoring of the temperature (Annex, Chapter IV).

The full and correct implementation of all these hygiene provisions is considered to give adequate guarantees concerning a potential contamination.

It is for the Member States to organise and carry out official controls in order to ensure the correct implementation of hygiene requirements by food operators. In this regard, the Commission has not been informed about any particular problem related to residues of previous cargoes in oils and fats transported by sea in accordance with Directive 96/3/EC.

Nonetheless the Commission has recently requested the Scientific Committee to reconsider its previous opinion on the potential risks to human health arising from transport in ship tanks of oils and fats. On the basis of an updated opinion, the Commission will, therefore, review as a priority the current Directive and the list of substances. The Commission also intends to revise Directive 96/3/EC in the light of the experience gained from the Member States' control activities

The Commission's objective is to further improve the Directive to ensure a higher level of protection, taking also into due account international standards, in particular at Codex Alimentarius level.

(1) OJ L 175, 19.7.1993.