Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission consultation, 27 April 2022
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Commission consultation: Draft Commission Implementing Regulation amending and correcting Implementing Regulation (EU) 2019/627 as regards practical arrangements for the performance of official controls in live bivalve molluscs, fishery products, or related to UV-radiation A copy of the draft is available on this site (click on image). The consultation is available on the Commission site - see: Food safety – official checks of live shellfish, poultry and fish products (updated rules). The consultation closes on 25 May 2022. |
The following are the opening recitals from the draft Regulation:
(1) Regulation (EU) 2017/625 lays down rules for the official controls and other official activities performed by the competent authorities of the Member States to verify compliance with Union legislation, inter alia, in the area of food safety at all stages of production, processing and distribution. In particular, it provides for official controls in relation to products of animal origin intended for human consumption.
(2) Commission Implementing Regulation (EU) 2019/627 [see Note 1 below] lays down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625.
(3) Article 10 of Implementing Regulation (EU) 2019/627 lays down obligations for the official veterinarian as regards checks of documents, in particular to take into account official certificates provided for in Commission Implementing Regulation (EU) 2019/628 [see Note 2 below]. However, reference is made to the wrong certificate, and that reference should therefore be corrected. Since Implementing Regulation (EU) 2019/628 has been repealed and the certificates replaced by those in Commission Implementing Regulation (EU) 2020/2235 [see Note 3 below], it is also appropriate to replace to replace all references to Implementing Regulation (EU) 2019/628 by the correct references in Implementing Regulation (EU) 2020/2235.
(4) Article 45, point (l), of Implementing Regulation (EU) 2019/627 lays down that fresh meat is to be declared unfit for human consumption if it has been treated illegally with ionising radiation, including UV-radiation. Most UV-radiation is not to be considered as ionising radiation as defined in Article 4, point (46), of Council Directive 2013/59/Euratom [see Note 4 below], Article 45, point (1), of Implementing Regulation (EU) 2019/627 should therefore be amended.
(5) The specific requirements for official controls concerning live bivalve molluscs from classified production areas and relaying areas do not apply to live Holothuroidea that are not filter feeders, in accordance with Article 51 of Implementing Regulation (EU) 2019/627.
(6) Regulation (EU) 2021/1756 of the European Parliament and of the Council [see Note 5 below] amendedArticle 18 of Regulation (EU) 2017/625, extending to all echinoderms which are not filter feeders, and not only to Holothuroidea, the possibility to derogate from the requirement to classify the production and relaying areas, laid down in Article 18(7), point (g), of Regulation (EU) 2017/625. In addition, based on Article 18(7)(g) of Regulation (EU) 2017/625, Commission Delegated Regulation [SANTE/11310/2021] [see Note 6 below] amended Article 11 of Commission Delegated Regulation (EU) 2019/624 , whereby the classification of production and relaying areas is not required in relation to the harvesting of echinoderms which are not filter feeders. Consequently, Article 51 of Implementing Regulation (EU) 2019/627 should be amended accordingly.
(7) Article 71 of Implementing Regulation (EU) 2019/627 lays down rules concerning the decisions that the competent authorities can take after controls on fishery products. Point (a) of that Article mistakenly refers to Section VII instead of Section VIII on fishery products of Annex III to Regulation (EC) No 853/2004. For reasons of consistency, that reference in Article 71 of Implementing Regulation (EU) 2019/627 should be corrected.
(8) Annex VI to Implementing Regulation (EU) 2019/627 establishes practical arrangements for official controls on fishery products in accordance with Article 70 of that Implementing Regulation. In particular, it defines the analytical methods to be applied when the organoleptic examination gives rise to any doubt as to the freshness of the fishery products. In its scientific opinion [see Note 7 below], EFSA identified methods capable of distinguishing between ‘superchilled’ fish and previously frozen fish commercially presented as ‘superchilled’.As those analytical methods should be added to Annex VI to Implementing Regulation (EU) 2019/627, that Annex should be amended.
(9) Implementing Regulation (EU) 2019/627 should therefore be amended and corrected accordingly.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
Notes:
