WRITTEN QUESTION E-1178/02 by Anneli Hulthén (PSE) to the Commission. Sea transport of margarine fats in chemical tanks.
Date: 2002-04-25
Institutions: European Parliament, Provisional data
Subjects: carriage of goods, chemical product, derogation from EU law, fats, food standard, foodstuffs legislation, health legislation, public health, tanker

26.9.2002

EN

Official Journal of the European Communities

C 229 E/191

The question of a new standardisation mandate which would not be limited to testing methods including
provisions on safety was raised with the national representatives on the Emergencies Committee of the
Directive on General Product Safety (GPSD) and with ANEC, the body representing consumers within the
standardisation bodies. The reactions were generally favourable, provided that account is taken of existing
national legislation on this subject (the existing level of safety must not be reduced) and the toxicological
effects of flame retardants.

This is all the more important as the new Directive on General Product Safety specifies that conformity of
a product with the general safety obligation may be assessed by taking into account, among other things,
‘voluntary national standards transposing relevant European standards’(Article 3.3 (a)), i.e. the standards
drawn up by the CEN.

The Commission reserves the right to return to this question on the basis of a study which it has
commissioned, the final report of which is expected at the beginning of 2003. This study should establish
a method for determining, among other things, the dangers and risks of consumer products which may,
on the one hand, be covered by Directive 2001/95/EC of
the Council, of
3 December 2001, on General Product Safety (3) and on the other, be the subject of a standardisation
mandate. This study will
including
upholstered furniture.

involve testing the method on a number of products,

the Parliament and of

in fact

(1) OJ C 187 E, 3.7.2001.
(2) OJ C 46 E, 13.2.2001.
(3) OJ L 11, 15.1.2002.

(2002/C 229 E/220)

WRITTEN QUESTION E-1178/02

by Anneli Hulthén (PSE) to the Commission

(25 April 2002)

Subject: Sea transport of margarine fats in chemical tanks

The central rule in EC provisions on food hygiene is that containers or tanks used for bulk transport of
food may only be used for foodstuffs. There are, however, exemptions from these rules for sea transport of
food oil and margarine fats to avoid forcing ships to return empty to Malaysia, for example. Some one
hundred substances, including hydrocarbons, acetone and other hazardous solvents, have been examined
and approved by the EC’s scientific committee as ‘acceptable’ alternative cargoes for transport in such
tanks. At the same time, it is not clear who is responsible for monitoring compliance with the provisions.

Tests on margarine fats sold to retailers, however, have revealed that they contain residues of these
substances despite cleaning of the vessel’s tanks and the customary refining of the raw materials used in
margarine fats.

Can the Commission say for how long the current exemption is to apply? When does it intend to stop
thinking in purely economic terms and also apply the precautionary principle to these cargoes?

Answer given by Mr Byrne on behalf of the Commission

(11 June 2002)

foodstuffs (1) requires bulk liquid,
Council Directive 93/43/EEC of 14 June 1993 on the hygiene of
granulated and powdered foods to be transported in receptacles and/or containers/tankers reserved for
foodstuffs only. However, Commission Directive 96/3/Euratom, ECSC, EC of 26 January 1996 provides for
a derogation from certain provisions of this Directive.

C 229 E/192

Official Journal of the European Communities

EN

26.9.2002

This derogation only applies to transport by sea. If a shipper wants to use a non-dedicated container for
the transport of the oils or fat by sea, the previous cargo must be one included in the acceptable previous
cargo list. If the oil or fat is not going to be refined, for example virgin oils, or the container is not
stainless steel or epoxy lined, the three previous cargoes must be substances from the acceptable previous
cargo list. All the other transport (road, rail, by canal) must be in dedicated ‘foodstuffs only’ containers.

In addition, all the other provisions and health requirements foreseen by Directive 93/43/EEC apply, in
particular:

? the food business operator (i.e. the owner of the ship), has to apply the principle of Hazard Analysis
and Critical Control Point (HACCP) and identify those points critical to the safety of the cargo and
control potential hazards to health at these critical control points (Article 3);

? ensure that containers are used for foodstuffs only unless the conditions in the derogation apply

(Annex, Chapter IV); and that

? containers are kept clean, good repair and designed to allow effective cleaning and disinfection

(Annex, Chapter IV);

? there must be effective separation between one part of a container and another part

if

two

commodities are transported at the same time (Annex, Chapter IV);

? if necessary, the container must be capable of transporting the food at the appropriate temperature,

with monitoring of the temperature (Annex, Chapter IV).

The full and correct implementation of all these hygiene provisions is considered to give adequate
guarantees concerning a potential contamination.

It is for the Member States to organise and carry out official controls in order to ensure the correct
implementation of hygiene requirements by food operators. In this regard, the Commission has not been
informed about any particular problem related to residues of previous cargoes in oils and fats transported
by sea in accordance with Directive 96/3/EC.

Nonetheless the Commission has recently requested the Scientific Committee to reconsider its previous
opinion on the potential risks to human health arising from transport in ship tanks of oils and fats. On the
basis of an updated opinion, the Commission will, therefore, review as a priority the current Directive and
the list of substances. The Commission also intends to revise Directive 96/3/EC in the light of the
experience gained from the Member States’ control activities

The Commission’s objective is to further improve the Directive to ensure a higher level of protection,
taking also into due account international standards, in particular at Codex Alimentarius level.

(1) OJ L 175, 19.7.1993.

(2002/C 229 E/221)

WRITTEN QUESTION E-1185/02

by Erik Meijer (GUE/NGL) to the Commission

(25 April 2002)

Subject: Ending exports of materials containing asbestos from EU Member States to third countries after

the introduction of a ban on asbestos use within the EU

1.
Does the Commission recall that during the European Parliament’s debate in plenary on 10 April
2002 on the subject of ‘exposure to asbestos at work’ (1) several speakers asked whether after 2005, when
a general ban on the use of asbestos will come into force in the EU in view of the serious public health