CELEX: 51992PC0552(02)
Language: en
Date: 1992-12-16
Title: 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

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)
 ---pagebreak---                                                                                              1
                                   EXPLANATORY MEMORANDUM
Council     Directives      9T/492/EEC      of    15'July 19911     and     91/493/EEC    of
               2
22 July 1991       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.
 ---pagebreak---                                      - 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.
 ---pagebreak---                                                              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
 ---pagebreak---                                                                                    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.
 ---pagebreak--- 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.
 ---pagebreak--- 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 m 2 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 m 2
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.
 ---pagebreak--- !
   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.
 ---pagebreak---                                                                               ?
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
9 January 1992, fixing    the   requirements   regarding  the equipment   and
 ---pagebreak--- 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.
 ---pagebreak---                                                                                         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.
 ---pagebreak---                                                 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
 ---pagebreak---                                                                                  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
 ---pagebreak--- \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;
 ---pagebreak---                                                                                     (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
 ---pagebreak---                                                                                          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.
 ---pagebreak---                                                     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
 ---pagebreak---                                                                                         /?
                                        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
                  1
bivalve molluscs , and in particular Article 14 thereof,
Having regard to the proposal from the Commission 2 ,
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
 ---pagebreak--- 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:
 ---pagebreak---                                                                                 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
 ---pagebreak---                                                                                 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.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
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