CELEX: 51988PC0047
Language: en
Date: 1988-02-17
Title: Proposal for a COUNCIL REGULATION (EEC) laying down health conditions for the marketing of fish and fish products concerning nematodes (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 47
Vol. 1988/0010
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(88 ) 47 final
                                                          Brussels , 17 February 1988
                                          Proposal for a
                           COUNCIL REGULATION ( EEC )
                                 laying
       down
          » J health conditions   p;          for the marketing of fish and fish
     k   -J J.
                  s- -product/ concerning nematodes
                     w    i«   A        A g
     sx
     »
       \
                            X\ v
                !
                       ( submitted by the Commission )
 ---pagebreak---                                                                        <j>n - v>
                             Explanatorv mémorandum
The placing on the market in the Community of fresh fish and fish products
encounters several technical barriers connected with the nature of the
product . One of these barriers is constituted by the presence of larvae of
nematodes which may constitute a hazard to human health .
It is essentiel therefore that fresh fish and fish products be handled and
treated in accordance with requirements which permit to limit those hazards .
Compliance with these requirements implies that provisions are made for the
control of the respect thereof .
The planned provisions will apply to all fish and fish products placed on the
Community market . The adoption of the proposal should contribute to the
removal of certain health barriers to trade in fish and fish products and help
to bring about an internal market in this area .
 ---pagebreak---                                       Proposal for a
                               COUNCIL REGULATION ( EEC )
         laying down health conditions for the marketing of fish and fish
                            products concerning nematodes
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas , in order to ensure the smooth operation of the common market and more
especially of the common organization of the market in fishery products
established by Council Regulation ( EEC ) No 3796 / 81 ( 1 ), as last amended by
Regulation ( EEC ) No 3655 / 84 ( 2 ), it is essential that the marketing of fish
and fish products should no longer be hindered by disparities existing in the
Member States in respect of health requirements ; whereas this will enable
marketing to be better harmonized and bring about competition on equal terms ;
Whereas fishery products are covered by Annex II to the Treaty ;
Whereas larvae of nematodes may be present in certain parts of fish ;
( 1 ) O.J. No L 379 of 31.12 1981 , p. 1                                            :
( 2 ) O.J. No L 340 of 28.12 1984 , p. 1
                                                                                  S
 ---pagebreak---                                            2
Whereas it is necessary to prevent any health      risks   linked  to  the
presence of nematodes in fish ;
Whereas certain conditions should be laid down which apply both to producing
establishments and the competent authorities of the Member States and which
allow them to limit those health risks ;
Whereas , in the context of intra-Community trade , rules should be laid down
concerning inspections in the country of destination as well as rules
concerning the follow-up to those inspections ; whereas those rules should be
attuned to those resulting from general rules to be adopted in the context
of the establishment of the internal market ;
Whereas it is   necessary   to  adopt   implementing   measures   in  certain
technical    areas ;  whereas for the adoption of those measures it is necessary
to provide for     collaboration between the Member States and the Commission
within the Standing Veterinary Committee ;
HAS ADOPTED THIS REGULATION :
                                       Article 1
For the purposes of thi s Regu lation the following definitions shall apply :
1 . Fish : sea water fish species which are liable to contain viable larvae of
    nematodes which may constitute a hazard to human health .
2 . Fresh fish : fish or parts thereof which have undergone no treatment to
    ensure preservation . Chilling at 0-2°C is not considered as a
    treatment .
3 . Fish products : fish which has undergone a treatment .
4 . Treatment : heating , salting , marinating , smoking , freezing or a
    combination thereof .
 ---pagebreak---                                           3
5.   Complete treatment : treatment , the effects of which are sufficient to
     inactivate larvae of any nematodes present in fish .
6.   Incomplete treatment : treatment which does not meet the requirements laid
     down in point 2 of the Annex .
7.   Marketing : the placing on the market after introduction into the
     Community of fish and fish products for human consumption .
8.   Country of despatch : the Member State from which fish or fish products
     are despatched to another Member State .
9.   Country of destination : the Member State to which fish or fish products
     are despatched from another Member State .
10 . Drinking water : water complying with the requirements laid down in Council
                              1
     Directive 80 / 778 / EEC   .
11 . Clean sea water : seawater which meets the same microbiological standards
     as drinking water and is free from objectionable substances which are
     likely to alter fresh fish or to transfer to them abnormal characteristics .
                                      Article 2
1 . Fresh fish and fish products intended for marketing shall comply with the
    conditions laid down in the Annex .
2 . Fresh fish intended to be consumed raw and fish products which have
    undergone an incomplete treatment and are liable to be consumed as such ,
    can only be marketed after they have been subjected to the treatment
    referred to in point 2 (d ) of the Annex ; this treatment is no longer
    necessary if the raw material from which they have been prepared has
    already undergone such a treatment .
3 . The Commission , following the procedure laid down in Article 6 , shall
    define the scope of paragraph 2 , as well as detailed implementing rules .
    In particular , the Commission shall specify the fish species and the
    nature of the fish products to which the obligation laid down in paragraph
    2 is to apply .
1 0J No L 229, 30.8.1980, p. 11 .
 ---pagebreak---                                         - 4 -
                                      Article 3
1 . Each establishment carrying out a complete treatment of fish must be
    approved by the competent authority of the Member State on the territory of
    which it is situated .
2 . That approval and the approval number linked thereto shall be issued by the
    competent authority on condition that the establishment concerned is able
    to comply , as far as the treatment is concerned , with the conditions laid down
    in point 2 of the Annex .
3 . Those responsible for each establishment must keep a register to prove that
    each production load has undergone a complete treatment . That register
    shall contain all information concerning the progress of the treatment and ,
    in particular , charts recording heat or cold treatment as well as
    the results of the analyses of brine and marinating solutions .
4 . Each establishment shall be subject to a regular control by the competent
    authorities .  Controls shall include , in particular , a check on the
    content of the register referred to in paragraph 3 and the taking of
    samples in order to verify if the criteria laid down in point 2 of the
    Annex are complied with .
5 . Detailed rules for the implementation of paragraphs 3 and 4 and possible
    derogations shall be adopted in accordance with the procedure laid down in
    Article 7 .
                                      Article 4
1 . The country of destination may , where there are serious grounds for
    suspecting that there are irregularities , carry out non-discriminatory
    inspections of fish and fish products which are the subject of
     intra-Community trade in order to check that a consignment meets the
    requirements of this Regulation .
2 . The inspections referred to in paragraph 1 shall be carried out at the
    place of destination of the goods .
                                                                                     6
 ---pagebreak---                                                5
     Those inspections may not unduly delay the marketing of fresh fish and fish
     products or cause delays which might adversely affect their quality .
3 . If , during an inspection carried out in accordance with paragraphs 1 and 2
     above , it is found that the fish and fish products do not comply with this
    Regulation , the competent authority may give the consignor , the consignee
    or their representative the choice of withdrawing the consignment from the
    market in order that it may undergo further treatment or of using it for
    other purposes if this is permissible on health grounds . If not , one of
    the choices offered must be the destruction of the fish or fish products .
    In any event , precautionary measures shall be taken by the competent
    authority to prevent improper use of such fish or fish products .
4 . ( a ) Decisions and the grounds for taking them must be notified to the
           consignor , the consignee or their representative .   Should such persons
           so request , reasons must be given for such decisions and must be
           notified to them immediately in writing together with particulars of the
           remedies available to them under the law , their forms and the period
           within      which      action must be taken . Remedies available to the
           consignor , the consignee or their representative shall not be affected
           by this Regulation .
    ( b ) If such decisions are based on the existence of a particularly serious
           risk to human health , they shall be communicated forthwith to the
           Commission or , where appropriate , to the competent authority of the
           Member State of despatch .
    ( c ) Following such communication , appropriate measures may be taken in
           accordance with the procedure laid down in Article 5 , in particular for
           the purpose of coordinating the measures taken in other Member States
           with regard to the fish and fish products concerned .
5 . Meuib-.'    .-. t.s shall grant consignors whose fish or fish pro ’ ct ? r.ay not be
    pic co l co. M.J market as a result of an inspection as provic' cr* fcr in
    paragraph 1 , the right to obtain an expert 's opinion .
                                                                                         £
 ---pagebreak---                                                  6
    The expert must be a national of a Member State other than the country of
    despatch or the country of destination .
    The Commission shall draw up a list of experts proposed by the Member States
    who may be instructed to prepare such opinions . It shall , in accordance with
    the procedure laid down in Article 7 , determine detailed rules for the
    implementation of this paragraph .
                                           Article 5
1 . Where the procedure laid down in this Article is to be applied , the matter
    shall be referred forthwith to the Standing Veterinary Committee set up by
                                        -I
    the Council Decision 68 / 361 / EEC     ( hereinafter called " the
    Committee") by its Chairman on his initiative or at the request of a Member
    State .
2 . Within the Committee , Member States' votes shall be weighted as . provided
    for in Article 148(2 ) of the Treaty . The Chairman shall not vote .
3 . The Commission representative shall submit a draft of the measures to be
    adopted . The Committee shall deliver its opinion on such measures within
    two days .  Opinions shall be delivered by a majority of 54 votes .
4 . Where the measures are in conformity with the opinion of the Committee , the
    Commission shall adopt and implement them immediately . Where they are not
    in conformity with the opinion of the Committee , or if no opinion is
    delivered , the Commission shall , without delay , propose to the Council the
    measures to be adopted .   The Council shall act by a qualified majority .
    If , within fifteen working days from the date on which a matter is referred
    to it , the Council has not adopted any measures , the Commission shall adopt
    the proposed measures and implement them immediately .
1 0J No L 255 , 18.10.1968, p. 23 .
 ---pagebreak---                                        Artide 6
1 . Where the procedure laid down in this Article is to be applied , the
    Chairman shall refer the matter without delay on his own initiative or at
    the request of a Member State to the Committee .
2 . Within the Committee , Member States’ votes shall be weighted as provided
    for in Article 148(2 ) of the Treaty . The Chairman shall not vote .
3 . The Commission representative shall submit a draft of the measures to be
    adopted .  The Committee shall deliver its opinion on such measures within a
    period to be determined by the Chairman in relation to the urgency of the
    matter to be considered . Opinions shall be delivered by a majority of 54
    votes .
4 . Where the measures are in conformity with the opinion of the Committee , the
    Commission shall adopt and apply them immediately .    Where they are not in
    conformity with the opinion of the Committee , or if no opinion is
    delivered , the Commission shall , without delay , propose to the Concil the
    measures to be adopted .  The Council shall act by a qualified majority .
    If , within three months from the date on which the proposal was submitted
    to it , the Council has not adopted any measures , the Commission shall adopt
    the proposed measures and apply them immediately .
                                       Article 7
The Commission shall be assisted by a committee of an advisory nature composed
of the representatives of the Member States and chaired by the representative
of the Commission .
The representative of the Commission shall submit to the committee a draft of
the measures to be taken . The committee shall deliver its opinion on the
draft , within a time limit which the chairman may lay down according to the
urgency of the matter , if necessary by taking a vote .
 ---pagebreak--- The opinion shall be recorded in the minutes ; in addition , each Member State
shall have the right to ask to have its position recorded in the minutes .
The Commission shall take the utmost account of the opinion delivered by the
committee . It shall inform the committee of the manner in which its opinion
has been taken into account .
                                    Article 8
This Regulation shall enter into force on 1 April 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                For the Council
                                                  The President ,
 ---pagebreak---                                              9 -
                                           ANNEX
1 . ( a ) Fresh fish shall be cleaned and gutted immediately after having been
          caught .
          Derogation from this requirement and the detailed rules of application
          of these conditions shall be adopted following the procedure provided
          for under Article 6 , account being taken in particular of the technical
          constraints with reference to the catch and handling on board of
          certain species or groups of species .
          Fresh fish for which such a derogation has been given must in any case
          be refrigerated to less than 2°C immediately after capture .
    ( b ) Fillets of fresh fish must be visually inspected by the processing
          establishment . Larvae eventually present must be removed .
2 . A complete treatment must comply with one of the following conditions :
    ( a ) heating in which the internal temperature in all parts of the fish is
          raised to at least 65°C ;
    ( b ) salting by using salt ( NaCl ) in such a way that the combination between
          the minimum salt concentration ( MSC ) in the tissue fluid of the fish
          and the minimum action time ( MAT ) of the salt is as follows :
               MSC                  MAT
               20 %              10 days
               15 %              14 days
               12 %              28 days
               10 %              35 days
          when using sugar ( anchovis production )
               15 %              28 days
          Other methods having a similar effect may be approved by the competent
          authorities .
                                                                                    '//
 ---pagebreak---                                        - 10
   ( c ) marinating by immersion of the fish in a solution having a suitable pH
         and a suitable salt concentration during a well determined period , pos ¬
i
         sibly in combination with the use of other additifs . The combination
 1
         of those parameters must be approved by the competent authority ;
9
   ( d ) cold treatment in which the internal temperature of the fish has to be
         at maximum - 20®C for at least 24 hours .
   The competent authorities shall communicate to the Commission and to the
   other Member States the methods approved for the treatments referred to
   under b ) and c ).
 I
                                                                                   -(£