Foodlaw-Reading Dr David Jukes, The University of Reading, UK
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Food Law News - EU - 2022

Comission consultation, 3 May 2022

HYGIENE - Food safety - new requirements for transport and storage of fishery products

Commission consultation: COMMISSION DELEGATED REGULATION amending and correcting Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council on specific hygiene requirements for food of animal origin as regards fishery products, eggs and certain highly refined products... A copy of the draft Regulation is avaiable on this site (click on imagd). An additional documment containing the draft Annex is also available - see Fish Hygiene - Annex.

The consultation is available on the Comission's web page - see: Food safety - new requirements for transport and storage of fishery products. The consultation closes 31 May 2022. The following is the opening section of the EXPLANATORY MEMORANDUM taken from the consultation document:

1. CONTEXT OF THE DELEGATED ACT

Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council [see Note 1 below] lays down specific hygiene rules for different food of animal origin for food business operators. In order to maintain a high level of food safety for consumers, these rules need to be kept up-to-date taking into account the experience gained from their application, technological developments and their practical consequences, and changes in patterns of consumption.

The following amendments are therefore proposed by this Delegated Regulation to Annex III to Regulation (EC) No 853/2004:

• the introduction of the possibility, based on the Opinion of the European Food Safety Authority (EFSA) of 29 April 2020 on The use of the so‐called ‘tubs’ for transporting and storing fresh fishery products [see Note 2 below], to transport and store fishery products in cooled water not only on board vessels but also after their arrival at the first establishment on-land using tubs (namely, boxes of three‐layered polyethylene) filled with water and ice;
• the introduction of the possibility, based on the Opinion of the EFSA of 28 January 2021 on The use of the so‐called ‘superchilling’ technique for the transport of fresh fishery products [see Note 3 below], to use new transport techniques, such as “superchilling”, a new technique that entails lowering the fish temperature to between the initial freezing point of the fish and about 1 to 2°C lower and allows its transport in boxes without ice;
• the introduction of certain fat derivatives and food flavouring derived from products of animal origin, subject to specific treatments as highly refined products;
• the introduction of the obligation to set, at not more of 28 days after laying, the date of minimum durability for eggs, and suppression of the obligation to deliver eggs to the consumer within a maximum period of 21 days after laying;
• the alignment of Chapter IX of Annex III to Regulation 853/2004 with the rules laid down in Regulation (EU) 2017/625 of the European Parliament and of the Council [see Note 4 below], as amended by Regulation (EU) 2021/1756 of the European Parliament and of the Council [see Note 5 below], as regards echinoderms;
• the correction of a wrong reference in Section II, in Chapter VI, point 7, to the model of animal health certificate in the case of the slaughter of poultry at the farm.

Commission Delegated Regulation (EU) 2019/624 [see Note 6 below] lays down specific rules concerning the performance of the official controls on products of animal origin in accordance with Article 18(1) of Regulation (EU) 2017/625. It is also necessary to align the provisions of Article 1, point (a)(v), and Article 11 of that Delegated Regulation with the rules laid down in Regulation (EU) 2017/625, as amended by Regulation (EU) 2021/1756, as regards echinoderms.

Regulation (EC) No 853/2004 and Delegated Regulation (EU) 2019/624 should be amended by a single Delegated Regulation, as a number of the proposed amendments to be made to them are linked to the recent amendments made to Regulation (EU) 2017/625 by Regulation (EU) 2021/1756; the amendments to Regulation (EC) No 853/2004 and Delegated Regulation (EU) 2019/624 should take effect on the same date.

Notes:

1. Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
2. EFSA Journal 2020;18(4):6091
3. EFSA Journal 2021;19(1):6378
4. Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/43 (8/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1)
5. Regulation (EU) 2021/1756 of the European Parliament and of the Council of 6 October 2021 amending Regulation (EU) 2017/625 as regards official controls on animals and products of animal origin exported from third countries to the Union in order to ensure compliance with the prohibition of certain uses of antimicrobials and Regulation (EC) No 853/2004 as regards the direct supply of meat from poultry and lagomorphs (OJ L 357, 8.10.2021, p. 27).
6. Commission Delegated Regulation (EU) 2019/624 of 8 February 2019 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (OJ L 131, 17.5.2019, p. 1).