Proposal for a COUNCIL DIRECTIVE laying down the hygiene rules applicable on board certain vessels in accordance with Article 3 (1) (a) (i) of Directive 91/493/EEC
Date: 1992-04-28
Institutions: European Commission
Subjects: fishery product, fishing vessel, food inspection, food preserving, health control

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(92) 160  final 

Brussels, 28  April  1992 

Proposal  for a 

COUNCIL DIRECTIVE 

laying down the hygiene rules applicable on board certain vessels 

in accordance with Article  3(1)(a)(i) of Directive  91/493/EEC 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

On  22  July  1991  the  Council  adopted  Directive  91/493/EEC  laying  down  the 

health  conditions  for the production  and  the placing  on  the market  of  fishery 

products(1). 

Article  3(1)(a)(i) provides  for the establishment  of  health  rules  for  fishery 

products  caught  and  where  appropriate  handled  for  bleeding,  heading,  gutting 

and  the  removal  of  fins,  chilled  or  frozen,  on  board  vessels.  The  Article 

provides  for  the  submission  by  the  Commission  of  a  proposal  before  1 October 

1992. 

The  health  conditions  set  out  in  the  draft  proposal  consist  of  general 

conditions  applicable  to  fishing  vessels  and  additional  conditions  applicable 

to fishing vessels on board which products are kept for more than 24 hours. 

It should be emphasized that the inspections and controls carried out pursuant 

to  Directive  91/493/EEC  will  apply  to  the  vessels  referred  to  in  this 

Directive. 

(1) O J N OL  268, 24. 9.1991, p. 15. 

- 2 -

Proposal for a Council Directive 

laying down the hygiene rules applicable on board certain vessels 

in accordance with Article  3(1)(a)(i) of Directive  91/493/EEC 

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 

products(1), and in particular Article  3(1)(a)(i) thereof, 

Having regard to the proposal  from the  Commission, 

Whereas  in  accordance with Article  3(1)(a)(i) of  council  Directive  91/493/EEC 

it  is  essential  that  hygiene  rules  be  laid  down  for  fishery  products  caught 

and where  appropriate  handled  for  bleeding,  heading,  gutting  and  the  removal 

of fins, chilled or frozen, on board certain vessels; 

Whereas  general  hygiene  conditions  applicable  to  fishing  vessels  should  be 

laid down; 

Whereas  it  is  essential  to  lay  down  additional  hygiene  conditions  applicable 

to fishing vessels on board which catches are kept  for more than 24 hours; 

Whereas  provision  should  be  made  for  the  possibility  of  taking  into 

consideration certain  specific characteristics  of certain  fishing vessels; 

Whereas  it  is  appropriate  to  point  out  that  the  inspections  and  controls 

carried  out  by  the  competent  authorities  of  the  Member  States  and  by  the 

commission  experts  pursuant  to  Council  Directive  91/493/EEC  apply  equally  to 

the vessels referred to in this Directive, 

(1) OJ No L 268, 24.9.1991, p. 15 

HAS ADOPTED THIS DIRECTIVE: 

-  3 -

Article 1 

1.  The general hygiene conditions  laid down in Annex I shall apply to fishing 

vessels. 

2.  The  additional  hygiene  conditions  laid  down  in  Annex  II  shall  apply  to 

fishing  vessels  designed  and  equipped  to  preserve  fishery  products  on 

board  under  satisfactory  conditions  for  more  than  24  hours,  other  than 

those  equipped  for  keeping  fish,  shellfish  and  molluscs  alive  without 

other means of conservation on board. 

3.  if necessary, and in accordance with the procedure  laid down in Article 2, 

derogations  from or conditions  additional to the provisions of Annex  I may 

be  laid down  in order to take  account  of the  specific  characteristics, if 

any, of certain fishing vessels. 

Article 2 

The  Commission  shall  be  assisted  by  the  Standing  Veterinary  committee 

established by Council Decision 68/361/EEC. 

The  commission  representative  shall present  to  the  Committee  a  draft  of 

the measures  to be taken. The Committee  shall deliver  its opinion  thereon 

within  a  period  to  be  determined  by  the  chairman  in  relation  to  the 

urgency of the matter, if necessary, by proceeding to a vote. 

The  opinion  shall  be  entered  in  the  minutes.  Member  States  shall  be 

entitled,  furthermore, to request that their positions  be  inserted  in the 

minutes. 

The commission  shall take the greatest account of the opinion delivered by 

the  Committee.  It  shall  inform  the  Committee  of  the  manner  in  which  it 

has taken account of its opinion. 

-  4 -

Article 3 

The  Member  States  shall  bring  into  force  the  laws,  regulations  and 

administrative  provisions  necessary  to  comply  with  this  Directive  before  1 

January  1993.  They  shall inform the commission thereof. 

Where  Member  States  adopt  such  provisions  they  shall  contain  a  reference  to 

this  Directive  or  be  accompanied  by  such  reference  on  their  official 

publication.  Details of this reference  shall be adopted by the Member  States. 

This Directive  is addressed to the Member  States 

Article 4 

Done at Brussels, 

For the Council 

-  5 -

ANNEX I 

General hygiene conditions applicable to fishing vessels 

1.  The  sections  of  vessels  or  the  containers  reserved  for  the  storage  of 
fishery  products  must  not  contain  objects  or  products  liable  to  transmit 
harmful  properties  or  abnormal  characteristics  to  the  foodstuffs.  These 
sections or containers must be  so designed  as to  allow them  to be  cleaned 
easily  and  to  ensure  that  melt  water  cannot  remain  in  contact  with  the 
fishery products. 

2.  When  used,  the  sections  of  vessels  or  the  containers  reserved  for  the 
storage  of  fishery  products  must  be  completely  clean  and,  in  particular, 
must  not  be  capable  of  being  contaminated  by  the  fuel  used  for  the 
propulsion of the vessel or by bilge water. 

3.  As soon as they are taken on board, the fishery products must be protected 
from contamination  and  from the effects  of the  sun or  any other  source of 
heat.  When  they  are  washed,  there  must  be  no  possibility  that  the  water 
used might  impair their quality or wholesomeness. 

4.  The  fishery  products  shall  be  handled  and  stored  in  such  a  way  as  to 
prevent bruising. The use of cp\ked instruments  shall be tolerated  for the 
moving  of  large  fish or  fish which might  injure  the  handler, provided  the 
flesh of these products  is not damaged. 

5.  Fishery  products  other  than  those  kept  alive  must  undergo  cold  treatment 
as soon as pof ;ible after loading. However, in the case of fishing vessels 
where  cooling  is  not  possible  from  a  practicable  point  of  view,  the 
fishery products must not be kept on board for more than  8 hours. 

6.  Ice used  for the chilling  of products must be made  from drinking  water  or 
clean  seawater.  Before  use,  it  must  be  stored  under  conditions  which 
prevent its contamination. 

7.  After  the  fishery  products  have  been  unloaded,  the  containers,  equipment 
r.d  sections  of  vessels  which  are  directly  in  contact  with  the  fishery 
products must be cleaned with drinking water or clean seawater. 

8. 

liner  e  fish  is  headed  and/or  gutted  on  board,  such  operations  must  be 
carried  out  hygienically  and  the  products  must  be  washed  immediately  and 
thoroughly  with  drinking  water  or  clean  seawater.  The  viscera  and  parts 
which  may  pose  a  threat  to  public  health  must  be  removed  and  set  apart 
from products  intended  for human consumption. Livers and roes  intended  for 
human consumption must be refrigerated or frozen. 

9.  Equipment  used  for  gutting,  heading  and  the  removal  of  fins,  and 
containers  and  equipment  in  contact  with  the  fishery  products,  must  be 
made of or coated with a material which is waterproof, resistant to decay, 
smooth  and easy  to clean  and  disinfect. When used  they must  be  completely 
clean. 

-  6 -

ANNEX  II 

Additional hygiene conditions  applicable  to the  fishing  vessels 
referred to in Article  1(2) 

1.  Fishing  vessels  must  be  equipped  with  holds,  tanks  or  containers  for  the 
storage  of  refrigerated  or  frozen  fishery  products  at  the  temperatures 
laid down by Directive  91/493/CEE. These holds  shall be separated  from the 
machinery  space and the quarters reserved  for the crew by partitions which 
are  sufficiently  impervious  to  prevent  any  contamination  of  the  stored 
fishery products. 

2.  The  inside  surface  of  the  holds,  tanks  or  containers  shall  be  watertight 
and easy  to wash  and disinfect.  It  shall consist  of  a  smooth material  or, 
failing  that,  smooth paint maintained  in good condition,  not being  capable 
of  transmitting  to  the  fishery  products  substances  harmful  to  human 
health. 

3.  The  holds  shall  be  designed  to  ensure  that  melt  water  cannot  remain  in 

contact with the  fishery products. 

4.  Containers used  for the  storage of products must  ensure their  preservation 
under  satisfactory  conditions  of  hygiene  and,  in  particular,  allow 
drainage of melt water. When used  they must  be completely  clean. 

5.  The working  decks, the equipment  and the holds, tanks and containers  shall 
be cleaned each time they  are used. Drinking water or clean  seawater  shall 
be  used  for  this  purpose.  Disinfection,  the  removal  of  insects  or  rat 
extermination  shall be carried  out whenever  necessary. 

6.  Cleaning  products,  disinfectants,  insecticides  and  all  potentially  toxic 
substances  shall be stored  in locked premises  or cupboards. Their  use must 
not present  any risk of contamination  of the fishery products. 

7.  If  fishery  products  are  frozen  on  board,  this  operation  must  be  carried 
out  in  accordance  with  the  conditions  laid  down  in  chapter  IV(II)(1)  and 
(3) of the Annex to Directive  91/493/EEC. Where  freezing  in brine  is used, 
the brine  shall not be a source of contamination  for the  fish. 

8.  Vessels  equipped  for  chilling  of  fishery  products  in  cooled  seawater, 
either  chilled  by  ice  (CSW)  or  refrigerated  by  mechanical  means  (RSW), 
shall comply with the  following  requirements  : 

a) tanks  must  be  equipped  with  adequate  seawater  filling  and  drainage 
installations  and  must  incorporate  devices  for  achieving  uniform 
temperature  throughout  the tanks; 

b) tanks  must  have  a  means  of  recording  temperature  connected  to  a 
temperature  sensor  positioned  in  the  section  of  the  tank  where 
temperatures  are highest; 

c) the  operation  of  the  tank  or  container  system  must  secure  a  chilling 
rate which ensures the mix of  fish and seawater  reaches  3°C at the most 
6 hours after  loading  and O'C at the most  after  16 hours; 

-  7 -

d) after  each  unloading,  the  tanks,  circulation  systems  and  containers 
must  be  completely  emptied  and  thoroughly  cleaned  using  drinking  water 
or clean  seawater. They  should  only be  filled with  clean  seawater; 

e) the  date  and  the  number  of  the  tank  must  be  clearly  indicated  on  the 
temperature  recordings  which  must  be  kept  available  for  the  control 
authorities. 

9,  The competent  authority  shall  keep  up  to date  for  control  purposes  a list 
of  the  vessels  equipped  in  accordance  with  points  7  or  8,  with  the 
exception  however  of  vessels  equipped  with  removable  containers  and  not 
engaged  regularly  in preserving  fish  in chilled  seawater. 

10. Staff  assigned  to  the  handling  of  fishery  products  shall  be  required  to 

maintain  a high  standard of cleanliness  for themselves  and their clothes. 

13. Shipowners  or  their  representatives  shall  take  all  the  measures  necessary 
to prevent  persons  liable  to  contaminate  fishery  products  from  working  on 
and  handling  them,  until  there  is  evidence  that  such  persons  can  do  so 
without  risk.  The  routine  medical  monitoring  of  such  persons  shall  be 
governed by the national  laws in force in the Member  state  concerned. 

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