WRITTEN QUESTION No. 2235/98 by Hans LINDQVIST to the Council. Fermented herring
Date: 1998-07-16
Institutions: European Parliament, LINDQVIST
Subjects: Baltic Sea, European Union, Sweden, competence of the Member States, customs and traditions, fishing regulations, health legislation, principle of subsidiarity, sea fish, smoked product

C 96/62

Official Journal of the European Communities

EN

8.4.1999

Does the Council believe that such detailed regulation is consistent with subsidiarity? If not, does it intend to
block the directive on fermented herring?

(1999/C 96/089)

WRITTEN QUESTION E-2235/98

by Hans Lindqvist (ELDR) to the Council

(16 July 1998)

Subject: Fermented herring

From 1 July 1998, fermented herring will be covered by the same rules that apply to other fish products in the EU,
which means that it may not be kept in old wooden barrels, as has been done since the 16th century, if it is to be
sold in food shops, nor may it be handled on premises with wooden floors, such as old boathouses. These rules
will affect a one thousand year old industry and tradition in Sweden, making the situation particularly difficult for
small local producers. The EU talks of subsidiarity and not interfering in details but does the exact opposite.

Does the Council believe that such detailed regulation is consistent with subsidiarity? If not, does it intend to
block the directive on fermented herring?

Joint answer
to Written Questions E-2233/98 and E-2235/98

(19 October 1998)

Directive 91/493/EEC (1) lays down the health conditions for the production and the placing on the market

1.
of fishery products.

2.
Chapter III of the Annex to that Directive, laying down the general conditions for establishments on land,
stipulates in point 2(a) that such establishments shall have at least in areas where products are handled, prepared
and processed:

(a) waterproof flooring which is easy to clean and disinfect and laid down in such a way as to facilitate the

drainage of the water or provided with equipment to remove water.

There is therefore no specific stipulation of cement flooring. It is for the relevant national authority to assess the
nature of the flooring in order to achieve the health objectives of the Directive.

3.

Chapter IV(IV)(6)(c) and Chapter VI(2) of the Annex to the Directive respectively stipulate that:

6. (c)
contamination during the salting or brining process.

Any container used for salting or brining must be constructed in such a way as to preclude

Packaging materials and products liable to enter into contact with fishery products must comply with all

2.
the rules of hygiene, and in particular:

› they must not be such as to impair the organoleptic characteristics of the fishery products;

› they must not be capable of transmitting to the fishery products substances harmful to human health;

› they must be strong enough to protect the fishery products adequately.

Those derogations therefore do not explicitly require the use of plastic barrels.

The Council has no intention of interfering with a traditional Swedish industry, provided that that industry

4.
meets food-hygiene rules.

Furthermore, the said requirements allow the Swedish authorities sufficient latitude in applying the rules in
question. The Council therefore feels that it has complied with the principle of subsidiarity.

(1) OJ L 268, 24.9.1991, p. 15.