CELEX: 51992PC0160
Language: en
Date: 1992-04-28
Title: Proposal for a COUNCIL DIRECTIVE laying down the hygiene rules applicable on board certain vessels in accordance with Article 3 (1) (a) (i) of Directive 91/493/EEC

COMMISSION OF THE EUROPEAN                         COMMUNITIES
                                       C0M(92) 160 final
                                       Brussels, 28 April 1992
                            Proposal for a
                          COUNCIL DIRECTIVE
   laying down the hygiene rules applicable on board certain vessels
     in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC
                    (presented by the Commission)
 ---pagebreak---                                EXPLANATORY MEMORANDUM
On 22 July     1991 the Council adopted Directive       91/493/EEC laying down the
health conditions for the production and the placing on the market of fishery
products( 1 ).
Article 3(1)(a)(i) provides for the establishment of health rules for fishery
products caught and where appropriate handled for bleeding, heading, gutting
and the removal of fins, chilled or frozen, on board vessels. The Article
provides for the submission by the Commission of a proposal before 1 October
1992.
The  health    conditions  set  out  in   the  draft  proposal  consist  of  general
conditions applicable to fishing vessels and additional conditions applicable
to fishing vessels on board which products are kept for more than 24 hours.
It should be emphasized that the inspections and controls carried out pursuant
to  Directive    91/493/EEC  will   apply   to  the  vessels  referred  to  in  this
Directive.
(1) O J N O L 268, 24. 9.1991, p. 15.
 ---pagebreak---                                         - 2 -
                         Proposal for a Council Directive
       laying down the hygiene rules applicable on board certain vessels
         in accordance with Article 3(1)(a)(i) of Directive 91/493/EEC
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
products( 1 ), and in particular Article 3(1)(a)(i) thereof,
Having regard to the proposal from the Commission,
Whereas in accordance with Article 3(1)(a)(i) of council Directive 91/493/EEC
it is essential that hygiene rules be laid down for fishery products caught
and where appropriate handled for bleeding, heading, gutting and the removal
of fins, chilled or frozen, on board certain vessels;
Whereas general hygiene conditions applicable to fishing vessels should be
laid down;
Whereas it is essential to lay down additional hygiene conditions applicable
to fishing vessels on board which catches are kept for more than 24 hours;
Whereas   provision   should  be   made   for the  possibility   of   taking  into
consideration certain specific characteristics of certain fishing vessels;
Whereas  it is appropriate    to point out that the    inspections   and  controls
carried out by the competent      authorities of the Member    States and by the
commission experts pursuant to Council Directive 91/493/EEC apply equally to
the vessels referred to in this Directive,
(1) OJ No L 268, 24.9.1991, p. 15
 ---pagebreak---                                       - 3 -
HAS ADOPTED THIS DIRECTIVE:
                                   Article 1
1.  The general hygiene conditions laid down in Annex I shall apply to fishing
    vessels.
2.  The additional hygiene conditions laid down in Annex II shall apply to
    fishing vessels designed   and equipped   to preserve  fishery  products on
    board under satisfactory conditions for more than 24 hours, other than
    those equipped   for keeping  fish, shellfish  and molluscs   alive   without
    other means of conservation on board.
3.  if necessary, and in accordance with the procedure laid down in Article 2,
    derogations from or conditions additional to the provisions of Annex I may
    be laid down in order to take account of the specific characteristics, if
    any, of certain fishing vessels.
                                   Article 2
    The Commission   shall be assisted by the Standing Veterinary      committee
    established by Council Decision 68/361/EEC.
    The commission representative shall present to the Committee a draft of
    the measures to be taken. The Committee shall deliver its opinion thereon
    within  a period   to be determined   by the chairman  in relation    to the
    urgency of the matter, if necessary, by proceeding to a vote.
    The opinion  shall be entered    in the minutes.   Member  States   shall be
    entitled, furthermore, to request that their positions be inserted in the
    minutes.
    The commission shall take the greatest account of the opinion delivered by
    the Committee.   It shall inform the Committee of the manner in which it
    has taken account of its opinion.
 ---pagebreak---                                       - 4 -
                                    Article 3
The  Member   States   shall  bring   into  force  the   laws,   regulations  and
administrative  provisions necessary to comply with this Directive before 1
January 1993.   They shall inform the commission thereof.
Where Member States adopt such provisions they shall contain a reference to
this  Directive   or  be  accompanied   by  such  reference   on  their  official
publication.   Details of this reference shall be adopted by the Member States.
                                    Article 4
This Directive is addressed to the Member States
Done at Brussels,
                                              For the Council
 ---pagebreak---                                      - 5 -
                                    ANNEX I
           General hygiene conditions applicable to fishing vessels
1. The sections of vessels or the containers reserved for the storage of
   fishery products must not contain objects or products liable to transmit
   harmful properties or abnormal characteristics to the foodstuffs. These
   sections or containers must be so designed as to allow them to be cleaned
   easily and to ensure that melt water cannot remain in contact with the
   fishery products.
2. When used, the sections of vessels or the containers reserved for the
   storage of fishery products must be completely clean and, in particular,
   must not be capable of being contaminated by the fuel used for the
   propulsion of the vessel or by bilge water.
3. As soon as they are taken on board, the fishery products must be protected
   from contamination and from the effects of the sun or any other source of
   heat. When they are washed, there must be no possibility that the water
   used might impair their quality or wholesomeness.
4. The fishery products shall be handled and stored in such a way as to
   prevent bruising. The use of cp\ked instruments shall be tolerated for the
   moving of large fish or fish which might injure the handler, provided the
   flesh of these products is not damaged.
5. Fishery products other than those kept alive must undergo cold treatment
   as soon as pof ;ible after loading. However, in the case of fishing vessels
   where cooling is not possible from a practicable point of view, the
   fishery products must not be kept on board for more than 8 hours.
6. Ice used for the chilling of products must be made from drinking water or
   clean seawater. Before use, it must be stored under conditions which
   prevent its contamination.
7. After the fishery products have been unloaded, the containers, equipment
   r.d sections of vessels which are directly in contact with the fishery
   products must be cleaned with drinking water or clean seawater.
8. liner e fish is headed and/or gutted on board, such operations must be
   carried out hygienically and the products must be washed immediately and
   thoroughly with drinking water or clean seawater. The viscera and parts
   which may pose a threat to public health must be removed and set apart
   from products intended for human consumption. Livers and roes intended for
   human consumption must be refrigerated or frozen.
9. Equipment   used for gutting, heading and the removal of fins, and
   containers   and equipment in contact with the fishery products, must be
   made of or  coated with a material which is waterproof, resistant to decay,
   smooth and  easy to clean and disinfect. When used they must be completely
   clean.
 ---pagebreak---                                      - 6 -
                                   ANNEX II
       Additional hygiene conditions applicable to the fishing vessels
                         referred to in Article 1(2)
1. Fishing vessels must be equipped with holds, tanks or containers for the
   storage of refrigerated or frozen fishery products at the temperatures
   laid down by Directive 91/493/CEE. These holds shall be separated from the
   machinery space and the quarters reserved for the crew by partitions which
   are sufficiently impervious to prevent any contamination of the stored
   fishery products.
2. The inside surface of the holds, tanks or containers shall be watertight
   and easy to wash and disinfect. It shall consist of a smooth material or,
   failing that, smooth paint maintained in good condition, not being capable
   of transmitting to the fishery products substances harmful to human
   health.
3. The holds shall be designed to ensure that melt water cannot remain in
   contact with the fishery products.
4. Containers used for the storage of products must ensure their preservation
   under satisfactory conditions of hygiene and, in particular, allow
   drainage of melt water. When used they must be completely clean.
5. The working decks, the equipment and the holds, tanks and containers shall
   be cleaned each time they are used. Drinking water or clean seawater shall
   be used for this purpose. Disinfection, the removal of insects or rat
   extermination shall be carried out whenever necessary.
6. Cleaning products, disinfectants, insecticides and all potentially toxic
   substances shall be stored in locked premises or cupboards. Their use must
   not present any risk of contamination of the fishery products.
7. If fishery products are frozen on board, this operation must be carried
   out in accordance with the conditions laid down in chapter IV(II)(1) and
   (3) of the Annex to Directive 91/493/EEC. Where freezing in brine is used,
   the brine shall not be a source of contamination for the fish.
8. Vessels equipped for chilling of fishery products in cooled seawater,
   either chilled by ice (CSW) or refrigerated by mechanical means (RSW),
   shall comply with the following requirements :
   a) tanks must be equipped with adequate seawater filling and drainage
      installations and must incorporate devices for achieving uniform
      temperature throughout the tanks;
   b) tanks must have a means of recording temperature        connected to a
      temperature sensor positioned in the section of        the tank   where
      temperatures are highest;
   c) the operation of the tank or container system must secure a chilling
      rate which ensures the mix of fish and seawater reaches 3°C at the most
      6 hours after loading and O'C at the most after 16 hours;
 ---pagebreak---                                      - 7 -
    d) after each unloading, the tanks, circulation systems and containers
       must be completely emptied and thoroughly cleaned using drinking water
       or clean seawater. They should only be filled with clean seawater;
    e) the date and the number of the tank must be clearly indicated on the
       temperature recordings which must be kept available for the control
       authorities.
9,  The competent authority shall keep up to date for control purposes a list
    of the vessels equipped in accordance with points 7 or 8, with the
    exception however of vessels equipped with removable containers and not
    engaged regularly in preserving fish in chilled seawater.
10. Staff assigned to the handling of fishery products shall be required to
    maintain a high standard of cleanliness for themselves and their clothes.
13. Shipowners or their representatives shall take all the measures necessary
    to prevent persons liable to contaminate fishery products from working on
    and handling them, until there is evidence that such persons can do so
    without risk. The routine medical monitoring of such persons shall be
    governed by the national laws in force in the Member state concerned.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                                 COM(92) 160
                                                     DOCUMENTS
EN                                                                              03
                                Catalogue number: CB-CO-92'177-EN-C
                                                             ISBN 92-77-43556-9
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