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
Date: 1992-12-16
Institutions: European Commission
Subjects: Greece, fishing industry, industrial equipment, processed foodstuff, self-supply, small industry

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 
the  equipment  and 
9  January  1992,  fixing  the  requirements  regarding 

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. 

ISSN 0254-1475 

COM(92) 552 final 

DOCUMENTS 

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03 îo 

Catalogue number : CB-CO-92-574-EN-C 

ISBN 92-77-50699-7 

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