WRITTEN QUESTION P-3564/01

by Jaime Valdivielso de Cué (PPE-DE) to the Commission

(4 January 2002)

Subject: Food safety

In the context of imports of treated fresh fish from third countries, it appears that there are enormous variations between EU Member States in the nature of the controls operated at the border inspection posts, as regards the microbiological standards required.

As a result, EU importers are systematically choosing as their points of entry airports located in Member States where the health standards required at the border inspection posts are lower, and are then transporting the goods by land to their final destination.

At their end, consumers are thus receiving the goods in worse condition: the systematic increasing of the number of links in the logistic chain leads to a deterioration in the microbiological condition of the goods.

What measures will be taken to put an immediate end to this situation?

What measures will be taken with a view to harmonising the microbiological controls operated at all border inspection points in the EU, and on the basis of what timetable?

Answer given by Mr Byrne on behalf of the Commission

(19 February 2002)

The importation of fishery products from third countries is governed by 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 products(1). This Directive sets out the health conditions and the checks that must be carried out on fishery products intended to be placed on the market in the Community, whether they are of Community origin or imported from third countries. The Directive stipulates, in particular, that the conditions applied to products imported from third countries will be at least equivalent to those applied to Community products.

As regards the microbiological conditions of the fishery products, the microbiological criteria applicable to the production of cooked crustaceans and molluscan shellfish were harmonised by Commission Decision 93/51/EEC of 15 December 1992(2). The Scientific Committee is currently assessing the scientific information available in order to make it possible to establish other harmonised microbiological criteria for other fishery products, including bivalve molluscs.

The relevant legislative proposals will be drawn up as soon as the Scientific Committee issues its opinions. Import procedures for products of animal origin are laid down in Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(3), and as regards laboratory testing in border inspection posts, in Annex D to Commission Decision 93/13/EEC of 22 December 1992(4).

Annex D. 1 states that:

Pending approval of Community monitoring plans, each Member State must submit consignments of products presented for importation to a monitoring plan, to verify if Community legislation is respected, or where applicable national rules, in particular, to detect residues, pathogenic organisms or other substances dangerous to humans or animals or the environment.

Testing frequencies are therefore the responsibility of the competent authority in the relevant border inspection post.

In a Commission working group of Member States specifically convened in December 2001 to discuss the problem concerning laboratory sampling for chloramphenicol in shrimps, no firm conclusions on sampling protocols could be drawn due to lack of information. Recommendations on other aspects of sampling were however made and notified to Member States in the Standing Veterinary Committee. At present, information from many Member States concerning their current practices for sampling protocols is still to be provided by Member States.

The Commission has been, and still is, working on drawing up further implementing rules for the Directive 97/78/EC.

(1) OJ L 268, 24.9.1991.

(2) OJ L 13, 21.1.1993.

(3) OJ L 24, 30.1.1998.

(4) OJ L 9, 15.1.1993.