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WRITTEN QUESTION No. 3311/95 by Marie-France STIRBOIS to the Council. Situation of oyster farmers vis-à-vis EU legislation
Date: 1995-12-09
Institutions: European Parliament, STIRBOIS
Subjects: EU law, building, building materials, health legislation, marketing, mollusc, shellfish farming, storage, transfer of property













EUR-Lex - 91995E3311 - EN






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91995E3311

WRITTEN QUESTION No. 3311/95 by Marie-France STIRBOIS to the Council. Situation of oyster farmers vis-à-vis EU legislation  


Official Journal C 185 , 25/06/1996 P. 0005 





WRITTEN QUESTION E-3311/95 by Marie-France Stirbois (NI) to the Council (9 December 1995)Subject: Situation of oyster farmers vis-à-vis EU legislationIs it true that Community legislation on places where oysters may be kept and stored by oyster farmers stipulates that such premises must be 'masonry-built' and, therefore, that wooden constructions may not be used for such purposes?Is it true that Community legislation stipulates that oyster farmers may transfer ownership of their work premises only to established oyster farmers?Reply (20 May 1996)On 15 July 1991 the Council adopted Directive 91/492/EEC ((See OJ No L 268, 24.9.1991, p. 1. )) laying down the health conditions for the production and the placing on the market of live bivalve molluscs.The Directive, which has been in force since 1 January 1993, stipulates that oysters and other shellfish are to be placed on the market from dispatch centres approved by the competent authorities of the Member States.For obvious reasons of public health the conditions for the approval of such centres, which are laid down in Chapter IV of the Annex to the Directive, stipulate in l(1)(a), that these centres of dispatch must have at least, on premises where shellfish are handled or stored, 'buildings or facilities of sound construction, designed and maintained adequately for the purpose of preventing contamination of live bivalve molluscs by any type of waste, dirty water, fumes, dirt or by the presence of rodents or other animals;'.It is therefore clear that the provisions in the Directive require buildings or facilities which are of solid construction and easily cleaned, while leaving it to Member States to lay down the nature of the materials used for constructing dispatch centres, provided that the requirements of the Directive are met.Furthermore, the conditions for the transfer of oyster-farmers' work premises are subject solely to national law and are not subject to any Community regulations.