| on 17-10-2007 07:19
|
Views : 77  |
1
COUNCIL DIRECTIVE
of 22 July 1991
laying down the health conditions for the production and the placing on the market of fishery products
91/493/EEC
incorporated by 94/103/(51) (OJ No. Nr. L 001 v. 03.01.94 p. 220)
implemented by 94/356/EEC (OJ No. L 156 v. 23.06.94 p. 50)
amended by ACT of 1994
amended by Directive 95/71/EC (OJ No. L 332 v. 30.12.95 p. 40)
see Directive 96/23/EC (OJ No. L 125 v. 23.5.96 p. 10)
amended by Directive 97/79/EC (OJ No. L 24 v. 30.1.98 p. 31)
amended by (EC) No 806/2003 (OJ No. L 122, 16.05.2003, p. 1)
amended by ACT of 2004
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 proposals from the Commission,
Having regard to the opinions of the European Parliament,
Having regard to the opinions of the Economic and Social Committee,
Whereas, with a view to achieving the internal market and more especially to ensuring the smooth operation of the common
organization of the market in fishery products established by Regulation (EEC) No 3796/81, as last amended by Regulation
(EEC) No 2886/89, 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 production and placing on the
market to be better harmonized and bring about competition on equal terms, whilst ensuring quality products for the consumer;
Whereas the European Parliament in its legislative resolution of 17 March 1989 requested the Commission to come forward
with comprehensive proposals on the hygienic production and placing on the market of fishery products, including solutions
for the problem of nematodes;
Whereas fishery products freshly caught are in principle free of contamination with micro-organisms; whereas however
contamination and subsequent decomposition may occur when handled and treated unhygienically;
Whereas therefore the essential requirements should be laid down for the correct hygienic handling of fresh and processed
fishery products at all stages of production and during storage and transport;
Whereas it is appropriate to apply by analogy certain marketing standards which are laid down pursuant to Article 2 of
Regulation (EEC) No 3796/81, in order to fix the health quality of these products;
Whereas it is the responsibility primarily of the fisheries industry to ensure that fishery products meet the health requirements
laid down in this Directive;
Whereas the competent authorities of the Member States must, by carrying out checks and inspections, ensure that producers
and manufacturers comply with the said requirements;
Whereas Community control measures should be introduced to guarantee the uniform application in all Member States of
the standards laid down in this Directive;
Whereas, in order to ensure the smooth operation of the internal market, the measures should apply in an identical manner
to trade within the Member States and to trade between the Member States;
Whereas in the context of intra-Community trade, the rules laid down in Council Directive 89/662/EEC of 11 December 1989
concerning veterinary checks in intra-Community trade with a view to the completion of the internal market as amended by
Directive 90/675/EEC (Note by MediaLex: since 1 July 1999, Council Directive 97/78/EC, of 18.12.1997)apply to fishery products;
Whereas fishery products from third countries intended to be placed on the market of the Community must not qualify for
more favourable arrangements than those applied in the Community; whereas provision should therefore be made for a
2
Community procedure for the inspection in third countries of the conditions of production and placing on the market in
order to permit the application of a common import system based on conditions of equivalence;
Whereas the products in question are subject to the rules concerning checks and to safeguard measures covered by Council
Directive 90/675/EEC (Note by MediaLex: since 1 July 1999, Council Directive 97/78/EC, of 18.12.1997)of 10 December 1990
laying down the principles governing the organization of veterinary checks on products entering the Community from third
countries;
Whereas, so that account may be taken of particular circumstances, derogations should be granted to some establis hments
already operating before 1 January 1993 so as to allow them to adapt to all the requirements laid down in this Directive;
Whereas the Commission should be entrusted with the task of adopting certain measures for implementing this Directive;
whereas, to that end, procedures should be laid down introducing close and effective co-operation between the Commission
and the Member States within the Standing Veterinary Committee;
Whereas the essential requirements laid down in this Directive may need further specification,
HAS ADOPTED THIS DIRECTIVE
CHAPTER I
General provisions
Article 1
This Directive lays down the health conditions for the production and the placing on the market of fishery products for
human consumption.
Article 2
For the purposes of this Directive, the following definitions shall apply:
1. 'fishery products' means all seawater or freshwater animals or parts thereof, including their roes, excluding aquatic
mammals, frogs and aquatic animals covered by other Community acts;
2. 'aquaculture products' means all fishery products born and raised in controlled conditions until placed on the market
as a foodstuff. However seawater or freshwater fish or crustaceans caught in their natural environment when juvenile
and kept until they reach the desired commercial size for human consumption are also considered to be aquaculture
products. Fish and crustaceans of commercial size caught in their natural environment and kept alive to be sold at a
later date are not considered to be aquaculture products if they are merely kept alive without any attempt being made
to increase their size or weight;
3. 'chilling' means the process of cooling fishery products to a temperature approaching that of melting ice;
4. 'fresh products' means any fishery product whether whole or prepared, including products packaged under vacuum
or in a modified atmo sphere, which have not undergone any treatment to ensure preservation other than chilling;
5. 'prepared products' means any fishery product which has undergone an operation affecting its anatomical wholeness,
such as gutting, heading, slicing, filleting, chopping, etc.;
6. 'processed products' means any fishery product which has undergone a chemical or physical process such as the
heating, smoking, salting, dehydration or marinating, etc., of chilled or frozen products, whether or not associated
with other foodstuffs, or a combination of these various processes;
7. 'preserve' means the process whereby products are packaged in hermetically sealed containers and subjected to heat
treatment to the extent that any micro-organisms that might proliferate are destroyed or inactivated, irrespective of
the temperature at which the product is to be stored;
8. 'frozen products' means any fishery product which has undergone a freezing process to reach a core temperature of
-18oC or lower after temperature stabilization;
9. 'packaging' means the procedure of protecting fishery products by a wrapper, a container or any other suitable device;
10. 'batch' means the quantity of fishery products obtained under practically identical circumstances;
11. 'consignment' means the quantity of fishery products bound for one or more customers in the country of destination
and conveyed by one means of transport only;
12. 'means of transport' means those parts set aside for goods in automobile vehicles, rail vehicles and aircraft, the holds
of vessels, and containers for transport by land, sea or air;
13. 'competent authority' means the central authority of a Member State competent to carry out veterinary checks or any
authority to which it has delegated that comp etence;
3
14. 'establishment' means any premises where fishery products are prepared, processed, chilled, frozen, packaged or
stored. Auction and wholesale markets in which only display and sale by wholesale takes place are not deemed to be
establishments;
15. 'placing on the market' means the holding or displaying for sale, offering for sale, selling, delivering or any other form
of placing on the market in the Community, excluding retail sales and direct transfers on local markets of small quantities
by fishermen to retailers or consumers, which must be subject to the health checks laid down by national rules
for checking the retail trade;
16. 'importation' means the introduction into the territory of the Community of fishery products from third countries;
17. 'clean seawater' means seawater or briny water which is free from microbiological contamination, harmful substances
and/or toxic marine plankton in such quantities as may affect the health quality of fishery products and which is used
under the conditions laid down in this Directive;
18. 'factory vessel' means any vessel on which fishery products undergo one or more of the following operations followed
by packaging: filleting, slicing, skinning, mincing, freezing or processing.
The following are not deemed to be 'factory vessels':
- fishing vessels in which only shrimps and molluscs are cooked on board;
- fishing vessels on board which only freezing is carried out.
Article 3
1. The placing on the market of fishery products caught in their natural environment shall be subject to the following
conditions:
(a) they must have:
(i) been caught and where appropriate handled for bleeding, heading, gutting and the removal of fins,
chilled or frozen, on board vessels in accordance with hygiene rules to be established by the Council
acting by a qualified majority on a proposal from the Commission. The Commission shall submit proposals
to that effect before 1 October 1992;
(ii) where appropriate, been handled in factory vessels approved in accordance with Article 7, and in accordance
with the requirements of Chapter I of the Annex.
The cooking of shrimps and molluscs on board must comply with the provisions of Chapter III, section
I(5) and Chapter IV, section IV(7), of the Annex. Such vessels shall be specifically registered by
the competent authorities;`
(b) during and after landing they must have been handled in accordance with Chapter II of the Annex;
(c) they must have been handled and, where appropriate, packaged, prepared, processed, frozen, defrosted or
stored hygienically in establishments approved in accordance with Article 7, in compliance with the requirements
of Chapters III and IV of the Annex.
The competent authority may, notwithstanding Chapter II, section 2 of the Annex, authorize the transfer of
fishery products ex quay into containers for immediate delivery to an approved establishment or registered
auction or wholesale market to be checked there;
(d) they must have undergone a health check in accordance with Chapter V of the Annex;
(e) they must have been appropriately packaged in accordance with Chapter VI of the Annex;
(f) they must have been given an identification mark in accordance with Chapter VII of the Annex;
(g) they must have been stored and transported under satisfactory conditions of hygiene, in accordance with
Chapter VIII of the Annex.
2. Where gutting is possible from a technical and commercial viewpoint, it must be carried out as quickly as possible
after the products have been caught or landed.
3. The placing on the market of aquaculture products shall be subject to the following conditions:
(a) they must have been slaughtered under appropriate conditions of hygiene. They must not be soiled with earth,
slime or faeces. If not processed immediately after having been slaughtered, they must be kept chilled;
(b) they must, in addition, comply with the requirements laid down under 1 (c) to (g).
4 (a) The placing on the market of live bivalve mo lluscs shall be subject to the requirements laid down in 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 bivalve mo lluscs.
(b) When processed, bivalve molluscs must, in addition to the requirements in point (a), satisfy those of paragraph
1 (c) to (g).
Article 4
Fishery products to be placed on the market alive shall at all times be kept under the most suitable survival conditions.
4
Article 5
The placing on the market of the following products shall be forbidden:
- poisonous fish of the following families: Tetraodontidae, Molidae, Diodontidae, Canthigasteridae,
- fishery products containing biotoxins such as ciguatera toxins or mu scle-paralysing toxins.
Detailed requirements concerning the species covered by this Article and concerning methods of analysis shall be laid
down in accordance with the procedure prescribed in Article 15.
Article 6
1. Member States shall ensure that persons responsible for establishment take all necessary measures, so that, at all
stages of the production of fishery products, the specifications of this Directive are complied with.
To that end, the said persons responsible must carry out their own checks based on the following principles;
- identification of critical points in their establishment on the basis of the manufacturing processes used;
- establishment and implementation of methods for monitoring and checking such critical points;
- taking samples for analysis in an approved laboratory by the comp etent authority for the purpose of checking
cleaning and disinfection methods and for the purpose of checking compliance with the standards established
by this Directive;
- keeping a written record or a record registered in an indelible fashion of the preceding points with a view to
submitting them to the competent authority. The results of the different checks and tests will in particular be
kept for a period of at least two years.
2. If the results of own checks or any information at the disposal of the persons responsible referred to in paragraph 1
reveal the risk of a health risk or suggest one might exist and without prejudice to the measures laid down in the
fourth subparagraph of Article 3 (1) of Directive 89/662/EEC, the appropriate measures shall be taken, under official
supervision.
3. Rules for the application of the second subparagraph of paragraph 1 shall be established in accordance with the
procedure laid down in Article 15.
Article 7
1. The competent authorities shall approve establishments once they have verified that these establishments meet the
requirements of this Directive, with regard to the nature of the activities they carry out. The approval must be renewed
if an establishment decides to carry out activities other than those for which it has received approval.
The competent authorities shall take the necessary measures if the requirements cease to be met. To this end, they
shall take particular account of the conclusions of any check carried out in accordance with Article 8.
The competent authority shall register those auction and wholesale markets which are not subject to approval after
verifying that such installations comply with the provisions of this Directive.
2. However, subject to the express condition that products coming from factory-vessels and establishments, auction
and wholesale markets meet the hygiene standards set by this Directive, Member States may, for the requirements relating
to equipment and structures laid down in Chapters I to IV to the Annex, grant to factory-vessels and establishments,
auction and wholesale markets a further period expiring on 31 December 1995, except for Finland, where
the date to be adopted shall be 31 December 1997, within which to comply with the conditions of approval set out in
Chapter IX. Such derogations may be granted only to factory-vessels and establishments, auction and wholesale
markets, already operating on 31 December 1992, which have, before 1 July 1993, submitted a duly justified application
for derogation to the competent national authority. This application must be accompanied by a work plan and
program indicating the period within which it would be possible for them to comply with the requirements in question.
Where financial assistance is requested from the Community, only requests in respect of projects complying
with the requirements of this Directive can be accepted.
3. The competent authorities shall draw up a list of their approved establishments, each of which shall have an official
number.
Each Member State shall notify the Commission of its list of approved establishments and of any subsequent
amendment thereof.
The Commission shall forward this information to the other Member States.
4. The inspection and monitoring of establishments shall be carried out regularly under the responsibility of the comp etent
authority, which shall at all times have free access to all parts of establishments, in order to ensure compliance
with the requirements of this Directive.
If such inspections and monitoring reveal that the requirements of this Directive are not being met, the competent
authority shall take appropriate action.
5. Paragraphs 1, 3 and 4 shall also apply in respect of factory vessels.
6. Paragraphs 3 and 4 shall also apply to wholesale and auction markets.
5
Article 8
1. Experts from the Commission may, in co-operation with the competent authorities of the Member States, make
on-the-spot checks insofar as this is necessary to ensure the uniform application of this Directive. They may in particular
verify whether establishments are in effect complying with the requirements of this Directive. A Member State
in whose territory a check is being carried out shall give all necessary assistance to the experts in carrying out their
duties. The Commission shall inform the Member States of the results of the investigations.
2. The arrangements for implementing paragraph 1 shall be adopted in accordance with the procedure laid down in
Article 15.
Article 9
Shall not apply.
CHAPTER II
Imports from third countries
Article 10
Provisions applied to imports of fishery products from third countries shall be at least equivalent to those governing the
production and placing on the market of Community products.
Fishery products caught in their natural environment by a fishing vessel flying the flag of a third country must undergo the
checks laid down in Article 19 (2) of Directive 97/78/EEC.
Article 11
1. For each third country or group of third countries, fishery products must fulfil the specific import conditions fixed in
accordance with the procedure laid down in Article 15, depending on the health situation in the third country concerned.
2. In order to allow the import conditions to be fixed, and in order to verify the conditions of production, storage and
dispatch of fishery products for consignment to the Community, inspections may be carried out on the spot by experts
from the Commission and the Member States.
The experts of the Member States who are to be entrusted with these inspections shall be appointed by the Commission
acting on a proposal from the Member States.
These inspections shall be made on behalf of the Community, which shall bear any expenditure incurred.
The frequency of and procedure for these inspections shall be determined in accordance with the procedure laid
down in Article 15.
3. When fixing the import conditions of fishery products referred to in paragraph 1, particular account shall be taken of:
(a) the legislation of the third country;
(b) the organization of the competent authority of the third country and of its inspection services, the powers of
such services and the supervision to which they are subject, as well as their facilities for effectively verifying
the implementation of their legislation in force;
(c) the actual health conditions during the production, storage and dispatch of fishery products intended for the
Community;
(d) the assurances which a third country can give on the compliance with the standards laid down in Chapter V of
the Annex.
4. The import conditions referred to in paragraph 1 shall include:
(a) the procedure for obtaining a health certificate which must accompany consignments when forwarded to the
Community;
(b) the placing of a mark identifying the fishery products, in particular with the approval number of the establishment
of origin, except in the case of frozen fishery products, landed immediately for canning and bearing the
certificate provided for under (a);
(c) drawing up a list of approved establishments and auction or wholesale markets registered and approved by
the Commission in accordance with the procedure laid down in Article 15;
For that purpose, one or more lists of such establishments shall draw up on the basis of a communication from
the competent authorities of the third country to the Commission. An establishment may not appear on a list
unless it is officially approved by the competent authority of the third country exporting to the Community.
Such approval shall be subject to observance of the following requirements:
- compliance with requirements equivalent to those laid down in this Directive,
- monitoring by an official inspection service of the third country.
6
5. The conditions referred to in paragraph 4 (a) and (b) may be modified in accordance with the procedure laid down in
Article 15.
The lis t referred to in paragraph 4 (c) may be amended by the Commission, in accordance with the rules established
by Commission Decision 90/13/EEC.
6. To deal with specific situations and in accordance with the procedure laid down in Article 15, imports may be authorized
direct from an establishment or factory vessel of a third country where the latter is unable to provide the guarantees
laid down in paragraph 3, provided that the establishment or factory vessel in question has received special approval
following an inspection carried out in accordance with paragraph (2). The authorization decision shall fix the
specific import conditions to be followed for products coming from that establis hment or factory vessel.
7. Pending the fixing of the import conditions referred to in paragraph 1, the Member States shall ensure that the conditions
applied to imports of fishery products from third countries shall be at least equivalent to those governing the
production and placing on the market of Community products.
Article 12
1. The rules and principles laid down by Directive 90/675/EEC (Note by MediaLex: since 1 July 1999, Council Directive
97/78/EC, of 18.12.1997)shall apply, notably as regards the organization of and follow up to the inspections to be carried
out by the Member States.
2. deleted by Dir. 97/79/EC
CHAPTER III
Final provisions
Article 13
The Annexes shall be amended by the Council, acting by a qualified majority on a proposal from the Commission.
Article 14
The Commission, after consulting the Member States, shall by 1 July 1992 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, together with any proposals, on which the Council, acting
under the voting procedure laid down in Article 43 of the Treaty, shall act before 31 December 1992.
Article 15
1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant
to Article 58 of Regulation (EC) No 178/2002 (*).
2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (**) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.
______
(*) OJ L 31, 1.2.2002, p. 1.
(**) OJ L 184, 17.7.1999, p. 23.
Article 16
In order to take into account the possible failure to take a decision on the detailed rules for applying this Directive by 1
January 1993, necessary transitional measures may be adopted in accordance with the procedure laid down in Article 15 for
a period of two years.
Article 17
The provisions of this Directive shall be re-examined before 1 January 1998 by the Council, acting on proposals from the
Commission, on the basis of experience gained.
Article 18
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 notify the Commission thereof. When Member States adopt these measures,
7
they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official
publication. The methods of making such a reference shall be laid down by the Member States.
Article 19
This Directive is addressed to the Member States.
Done at Brussels, 22 July 1991.
8
ANNEX
CHAPTER I
CONDITIONS APPLICABLE TO FACTORY VESSELS
I. Conditions concerning design and equipment
1. The minimum requirements for factory vessels are as follows:
(a) a reception area set aside for taking fishery products on board, designed and arranged into pounds or pens
that are large enough to allow each successive catch to be separated. The reception area and its mo vable
parts must be easy to clean. It must be designed in such a way as to protect the products from the sun or the
elements and from any source of dirt or contamination;
(b) a system for conveying fishery products from the reception area to the work area that conforms with rules of
hygiene;
(c) work areas that are large enough for the preparation and processing of fishery products in proper conditions
of hygiene. They must be designed and arranged in such a way as to prevent any contamination of the products;
(d) storage areas for the finished products that are large enough and designed so that they are easy to clean. If a
waste processing unit operates on board, a separate hold must be designated for the storage of these
by-products;
(e) a place for storing packaging materials that is separate from the product preparation and processing areas;
(f) special equipment for pumping waste or fishery products that are unfit for human consumption either directly
into the sea or, where circumstances so require, into a watertight tank reserved for that purpose. If waste is
stored and processed on board with a view to cleaning, separate areas must be allocated for that purpose;
(g) equipment providing a supply of potable water within the meaning of Council Directive 80/778/EEC of 15 July
1980 relating to the quality of water intended for human consumption or pressurized clean seawater. The seawater
intake must be situated in a position where it is not possible for the water being taken in to be affected
by discharges into the sea of waste water, waste and engine coolant outlets;
(h) a suitable number of changing rooms, wash basins and toilets, the latter not opening directly onto areas
where fishery products are prepared, processed or stored. The wash basins must be equipped with appliances
for washing and drying the hands that comply with hygiene requirements; the wash-basin taps must not be
hand-operable.
2. Areas used for the preparation and processing or freezing/quick-freezing of fishery products must have:
(a) a non-slip floor that is also easy to clean and disinfect and equipped for easy drainage of water. Structures
and fixtures must have limber holds that are large enough not to be obstructed by fish waste and to allow water
to drain freely;
(b) walls and ceilings that are easy to clean, particularly where there are pipes, chains or electricity conduits;
(c) the hydraulic circuits must be arranged or protected in such a way as to ensure that it is not possible for any
leakage of oil to contaminate fishery products;
(d) adequate ventilation and, where necessary, proper vapour extraction;
(e) adequate lighting;
(f) appliances for cleaning and disinfecting tools, equipment and fittings;
(g) appliances for cleaning and disinfecting the hands with taps that are not hand-operable and with single use
towels.
3. Equipment and tools such as cutting benches, containers, conveyors, gutting or filleting machines, etc., must be
resistant to seawater corrosion, easy to clean and disinfect and well-maintained.
4. Factory vessels which freeze fishery products must have:
(a) a refrigeration plant sufficiently powerful to lower the temperature rapidly so as to achieve a core temperature
that complies with the specifications of this Directive;
(b) refrigeration plants sufficiently powerful to keep fishery products in the storage holds at a temperature that
complies with the specifications of this Directive. The storage holds must be equipped with a temperature recording
system placed so that it can easily be consulted.
II. Conditions of hygiene relating to on-board handling and storage of fishery products
1. A qualified person on board the factory vessel must be responsible for applying good fishery products manufacturing
practices. That person shall have the authority to ensure that the provisions of this Directive are applied and
9
shall make available to inspectors the program for inspecting and checking critical points as applied on board, a register
containing that person's comments and the temperature recordings that may be required.
2. The general conditions of hygiene applicable to areas and equipment shall be those laid down in Chapter III, section
II (A), of this Annex.
3. The general conditions of hygiene applicable to staff shall be those laid down in Chapter III, section II (B), of this
Annex.
4. Heading, gutting and filleting must be carried out under the conditions of hygiene laid down in Chapter IV, section I
(2), (3) and (4) of this Annex.
5. On-board processing of fishery products must be carried out under the conditions of hygiene laid down in Section
II, points 2 and 3, Section IV and Section V of Chapter IV of this Annex.'
6. Fishery products must be wrapped and packaged under the conditions of hygiene laid down in Chapter VI of this
Annex.
7. On-board storage of fishery products must be carried out under the conditions of hygiene laid down in Chapter VIII,
points 1 and 2, of this Annex.
CHAPTER II
REQUIREMENTS DURING AND AFTER LANDING
1. Unloading and landing equipment must be constructed of material which is easy to clean and disinfect and must be
kept in a good state of repair and cleanliness.
2. During unloading and landing, contamination of fishery products must be avoided. It must in particular be ensured
that:
- unloading and landing operations proceed rapidly;
- fishery products are placed without unnecessary delay in a protected environment at the temperature required
on the basis of the nature of the product and, where necessary, in ice in transport, storage or market facilities,
or in an establishment;
- equipment and handling practices that cause unnecessary damage to the edible parts of the fis hery products
are not authorized.
3. Parts of auction or wholesale markets where fishery products are displayed for sale must:
(a) be covered and have walls which are easy to clean;
(b) have waterproof flooring which is easy to wash and disinfect and laid in such a way as to facilitate the drainage
of water and have a hygienic waste water disposal system;
(c) be equipped with sanitary facilities with an appropriate number of wash basins and flush lavatories. Wash basins
shall be supplied with materials for cleaning the hands and single use hand towels;
(d) be well lit to facilitate the inspection of fishery products provided for in Chapter V of this Annex;
(e) when they are used for display or storage of fishery products, not be used for other purposes; vehicles emitting
exhaust fumes which may impair the quality of the fishery products not be admitted to markets; undesirable
animals must not be admitted;
(f) be cleaned regularly and at least after each sale; crates must, after each sale, be cleaned and rinsed inside and
outside with drinking water or clean seawater; where required, they must be disinfected;
(g) have displayed in a prominent position signs prohibiting smoking, spitting, eating and drinking;
(h) be closeable and be kept closed when the competent authority considers it necessary;
(i) have facilities to provide adequate water supplies satisfying the conditions laid down in Chapter III, section I,
point 7 of this Annex;
(j) have special watertight receptacles made of corrosion-resistant materials for fishery products which are unfit
for human consumption;
(k) insofar as they do not have their own premises on-the-spot or in the immediate vicinity on the basis of the
quantities displayed for sale, have, for the purposes of the competent authority, an adequately equipped
lockable room and the equipment necessary for carrying out inspections.
4. After landing or, where appropriate, after first sale, fishery products must be transported without delay, under the
conditions laid down in Chapter VIII, of this Annex, to their place of destination.
5. However, if the conditions laid down in point 4 are not fulfilled, the markets in which fishery products may be stored
before being displayed for sale or after being sold and pending transport to their place of destination must have sufficiently
large cold rooms which satisfy the conditions laid down in Chapter III, section I, point 3 of this Annex. In
such cases, fishery products must be stored at a temperature approaching that of melting ice.
6. The general conditions of hygiene laid down in Chapter III, section II - with the exception of point B 1(a) - of this
Annex shall apply mutatis mutandis to the markets in which fishery products are displayed for sale or stored.
7. The wholesale markets in which fishery products are displayed for sale or stored shall be subject to the same conditions
as those laid down in points 3 and 5 of this Chapter and to those set out in points 4, 10 and 11 of Chapter III,
10
section I of this Annex. The general conditions of hygiene laid down in Chapter III, section II of this Annex shall apply
mutatis mutandis to wholesale markets.
CHAPTER III
GENERAL CONDITIONS FOR ESTABLISHMENTS ON LAND
I. General conditions relating to premises and equipment
Establishment shall afford at least the following facilities:
1. working areas of sufficient size for work to be carried out under adequate hygienic conditions. Their design
and layout shall be such as to preclude contamination of the product and keep quite separate the clean and
contaminated parts of the building;
2. in areas where products are handled, prepared and processed:
(a) waterproof flooring which is easy to clean and disinfect and laid down in such a way as to facilitate the
drainage of the water or provided with equipment to remove water;
(b) walls which have smooth surfaces and are easy to clean, durable and impermeable;
(c) ceilings or roof linings which are easy to clean;
(d) doors in durable materials which are easy to clean;
(e) adequate ventilation and, where necessary, good steam and water-vapour extraction facilities;
(f) adequate natural or artificial lighting;
(g) an adequate number of facilities for cleaning and disinfecting hands. In work rooms and lavatories taps
must not be hand-operable. These facilities must be provided with single use hand towels;
(h) facilities for cleaning plant, equipment and utensils;
3. in cold rooms where fishery products are stored:
- the provisions set out under point 2 (a), (b), (c), (d) and (f);
- where necessary, a sufficiently powerful refrigeration plant to keep products at temperatures prescribed
in this Directive;
4. appropriate facilities for protection against pests such as insects, rodents, birds, etc.;
5. instruments and working equipment such as cutting tables, containers, conveyor belts and knives made of
corrosion-resistant materials, easy to clean and disinfect;
6. special watertight, corrosion-resistant containers for fishery products not intended for human consumption
and premises for the storage of such containers if they are not emptied at least at the end of each working
day;
7. facilities to provide adequate supplies of drinking water within the meaning of Directive 80/778/EEC, or alternatively
of clean seawater or seawater treated by an appropriate system, under pressure and in sufficient
quantity. However, by way of exception, a supply of non-drinking water is permissible for the production of
steam, fire-fighting and the cooling of refrigeration equipment, provided that the pipes installed for the purpose
preclude the use of such water for other purposes and present no risk of contamination of the products.
Non-drinking-water pipes must be clearly distinguished from those used for drinking water or clean seawater;
8. hygienic waste water disposal system;
9. an adequate number of changing-rooms with smooth, water-proof, washable walls and floors, wash basins
and flush lavatories. The latter may not open directly onto the work rooms. The wash basins must have materials
for cleaning the hands and disposable towels; the wash basin taps must not be hand-operable;
10. if the volume of products treated requires regular or permanent presence an adequately equipped lockable
room for the exclusive use of the inspection service;
11. adequate facilities for cleaning and disinfecting means of transport. However, such facilities are not compulsory
if there is a requirement for the means of transport to be cleaned and disinfected at facilities officially authorized
by the competent authority;
12. establishments keeping live animals such as crustaceans and fish must have appropriate fittings ensuring the
best survival conditions provided with water of a quality such that no harmful organisms or substances are
transferred to the animals.
II. General conditions of hygiene
A. General conditions of hygiene applicable to premises and equipment
1. Floors, walls and partitions, ceilings or roof linings, equipment and instruments used for working on
fishery products must be kept in a satisfactory state of cleanliness and repair, so that they do not constitute
a source of contamination for the products.
11
2. Rodents, insects and any other vermin must be systematically exterminated in the premises or on the
equipment; rodenticides, insecticides, disinfectants and any other potentially toxic substances must be
stored in premises or cupboards which can be locked; their use must not present any risk of contamination
of the products.
3. Working areas, instruments and working equipment must be used only for work on fishery products.
However, following authorization by the competent authority they may be used at the same time or
other times for work on other foodstuffs.
4. Drinking water, within the meaning of Directive 80/778/EEC, or clean seawater must be used for all purposes.
However, by way of an exception, non-drinking waster may be used for steam production,
fire-fighting and the cooling of refrigeration equipment, provided that the pipes installed for the purpose
preclude the use of such water for other purposes and present no risk of contamination of the
products.
5. Detergents, disinfectants and similar substances must be approved by the competent authority and
used in such a way that they do not have adverse effects on the machinery, equipment and products.
B. General conditions of hygiene applicable to staff
1. The highest possible standard of cleanliness is required of staff. More specifically:
(a) staff must wear suitable clean working clothes and headgear which completely encloses the
hair. This applies particularly to persons handling exposed fishery products;
(b) staff assigned to the handling and preparation of fishery products must be required to wash
their hand at least each time work is resumed; wounds to the hands must be covered by a waterproof
dressing;
(c) smoking, spitting, eating and drinking in work and storage premises of fishery products must be
prohibited.
2. The employer shall take all the requisite measures to prevent persons liable to contaminate fis hery
products from working on and handling them, until there is evidence that such persons can do so
without risk.
When recruited, any person working on and handling fishery products shall be required to prove, by a
medical certificate, that there is no impediment to such employment. The medical supervision of such a
person shall be governed by the national legislation in force in the Member State concerned or in the
case of third countries by specific guarantees to be fixed under the procedure set out in Article 15.
CHAPTER IV
SPECIAL CONDITIONS FOR HANDLING FISHERY PRODUCTS ON SHORE
I. Conditions for fresh products
1. Where chilled, unpacked products are not dispatched, prepared or processed immediately after reaching the
establishment, they must be stored or displayed under ice in the establishment's cold room. Re-icing must be
carried out as often as is necessary; the ice used, with or without salt, must be made from drinking water or
clean seawater and be stored under hygienic conditions in receptacles provided for the purpose; such receptacles
must be kept clean and in a good state of repair. Prepacked fresh products must be chilled with ice or
mechanical refrigeration plant creating similar temperature conditions.
2. If they are not carried out on board, operations such as heading and gutting must be carried out hygienically.
The products must be washed thoroughly with drinking water or clean seawater immediately after such operations.
3. Operations such as filleting and slicing must be carried out in such a way as to avoid the contamination or
spoilage of fillets and slices, and in a place other than that used for heading and gutting operations 'Fillets
and slices must not remain on work tables any longer than is necessary for their preparation and must be protected
from contamination by appropriate packaging.' Fillets and slices to be sold fresh must be chilled as
quickly as possible after preparation.
4. Guts and parts that may constitute a danger to public health must be separated from and removed from the vicinity
of products intended for human consumption.
5. Containers used for the dispatch or storage of fresh fishery products must be designed in such a way as to
ensure both their protection from contamination and their preservation under sufficiently hygienic conditions
and, more particularly, they must provide adequate drainage of melt water.
6. Unless special facilities are provided for the continuous disposal of waste, the latter must be placed in leakproof,
covered containers which are easy to clean and disinfect. Waste must not be allowed to accumulate in
working areas. It must be removed either continuously or as soon as the containers are full and at least at the
end of each working day in the containers or to the premises referred to in Chapter III, section I, paragraph 6
of this Annex.
12
The containers, receptacles and/or premises set aside for waste must always be thoroughly cleaned and, if
appropriate, disinfected after use. Waste stored there must not constitute a source of contamination for the
establishment or of pollution of its surroundings.
II. Conditions for frozen products
1. Plants must have:
(a) freezing equipment sufficiently powerful to achieve a rapid reduction in the temperature so that the
temperatures laid down to in this Directive can be obtained in the product;
(b) freezing equipment sufficiently powerful to keep products in storage rooms at a temperature not exceeding
those laid down in this Directive, whatever the ambient temperature may be.
However, for technical reasons related to the method of freezing and to the handling of such products,
for whole fish frozen in brine and intended for canning, higher temperatures than those laid down in
this Directive are acceptable although they may not exceed -9oC.
2. Fresh products to be frozen or quick-frozen must comply with the requirements of section I of this Chapter.
3. Storage rooms must have a temperature recording device in a place where it can easily be read. The temperature
sensor of the recorder must be located in the area furthest away from the cold source, i.e. where the temperature
in the storage room is the highest.
Temperature charts must be available for inspection by the supervisory authorities at least during the period
in which the products are stored.
III. Conditions for thawing products
Establishments that carry out thawing operations must comply with the following requirements:
1. fishery products must be thawed under hygienic conditions; their contamination must be avoided and there
must be adequate drainage for any melt water produced.
During thawing, the temperature of the products must not increase excessively;
2. after thawing, fishery products must be handled in accordance with the requirements of this Directive. When
they are prepared or processed, these operations must be carried out without delay. If they are put directly
onto the market, particulars as to the thawed state of the fish must be clearly marked on the packaging in accordance
with Article 5 (3) of Council Directive 79/112/EEC of 18 December 1978 on the approximation of the
laws of the Member States relating to the labelling, presentation and advertising of foodstuffs.
IV. Conditions for processed products
1. 'Fresh, frozen and thawed products used for processing must comply with the requirements set out in I, II or
III of this Chapter.'
2. Where the processing treatment is carried out to inhibit the development of pathogenic micro-organisms, or if
it is a significant factor in the preservation of the product, the treatment must be scientifically recognized by
the law in force, or in the case of a treatment of products referred to in Chapter I Section 1 (b) and (c) of Directive
91/492/EEC which have not been relayed or purified, such treatment must be approved, in accordance
with the procedure laid down in Article 15 of this Directive, within four months of receipt of a request from a
Member State.
The person responsible for an establishment must keep a register of the processing carried out. Depending on
the type of process employed, heating time and temperature, salt content, pH, water content, etc., must be
monitored and controlled. Records must be kept at least for the expected storage life of the products and be
available to the competent authority.
3. For products which are preserved for a limited period by a treatment such as salting, smoking, drying or marinading,
the appropriate conditions for storage must be clearly marked on the packaging, in accordance with
Directive 79/112/EEC.
In addition, the following conditions shall be complied with.
4. Canning
In the case of fishery products which have been subjected to sterilization in hermetically sealed containers:
(a) the water used for the preparation of cans must be drinking water;
(b) the process used for the heat treatment must be appropriate, having regard to such major criteria as the
heating time, temperature, filling, size of containers, etc., a record of which must be kept; the heat
treatment must be capable of destroying or inactivating pathogenic organisms and the spores of
pathogenic micro-organisms.
The heating equipment must be fitted with devices for verifying whether the containers have in fact
undergone appropriate heat treatment. Drinking water must be used to cool containers after heat
treatment, without prejudice to the presence of any chemical additives used in accordance with good
technological practice to prevent corrosion of the equipment and containers;
13
(c) further checks must be carried out at random by the manufacturer to ensure that the processed products
have undergone appropriate heat treatment, viz.:
- incubation tests: incubation must be carried out at 37oC for seven days or at 35oC for ten days,
or at any other equivalent combination;
- microbiological examination of contents and containers in the establishment's laboratory or in
another approved laboratory;
(d) samples must be taken of production each day at predetermined intervals to ensure the efficacy of
sealing or of any other method of hermetic closure.' For that purpose, appropriate equipment must be
available for the examination of cross-sections of the can-seams;
(e) checks are carried out in order to ensure that containers are not damaged;
(f) all containers which have undergone heat treatment under practically identical conditions must be
given a batch identification mark, in accordance with Council Directive 89/396/EEC of 14 June 1989 on
indications or marks identifying the lot to which a foodstuff belongs.
5. Smoking
Smoking must be carried out in separate premises or a special place equipped, if necessary, with a ventilation
system to prevent the smoke and heat from the combustion from affecting other premises or places where
fishery products are prepared, processed or stored.
(a) Materials used to produce smoke for the smoking of fish must be stored away from the place of smo king
and must be used in such a way that they do not contaminate the products.
(b) Materials used to produce smoke by burning wood that has been painted, varnished, glued or has undergone
any chemical preservation treatment must be prohibited.
(c) After smoking, products must be cooled rapidly to the temperature required for their preservation before
being packaged.
6. Salting
(a) Salting operations must take place in different premises and sufficiently removed from the premises
where the other operations are carried out.
(b) Salt used in the treatment of fishery products must be clean and stored in such a way as to preclude
contamination. It must not be re-used.
(c) Any container used for salting or brining must be constructed in such a way as to preclude contamination
during the salting or brining process.
(d) Containers or areas used for salting or brining must be cleaned before use.
7. Cooked crustacean and molluscan shellfish products
Crustaceans and molluscan shellfish must be cooked as follows:
(a) any cooking must be followed by rapid cooling. Water used for this purpose must be drinking water or
clean seawater. If no other method of preservation is used, cooling must continue until the temp erature
approaching that of melting ice is reached;
(b) shelling or shucking must be carried out under hygienic conditions avoiding the contamination of the
product. Where such operations are done by hand, workers must pay particular attention to the washing
of their hands and all working surfaces must be cleaned thoroughly. If machines are used, they
must be cleaned at frequent intervals and disinfected after each working day.
After shelling or shucking, cooked products must immediately be frozen or kept chilled at a temperature
which will preclude the growth of pathogens, and be stored in appropriate premises;
(c) every manufacturer must carry out micro-biological checks on his production at regular intervals, complying
with the standards to be fixed in accordance with Chapter V, Section 4 of this Annex.
8. Mechanically recovered fish flesh
The mechanical recovery of fish flesh must be carried out under the following conditions:
(a) mechanical recovery of gutted fish must take place without undue delay after filleting, using raw materials
free of guts. Where whole fish are used, they must be gutted and washed beforehand;
(b) the machinery must be cleaned at frequent intervals and at least every two hours;
(c) after recovery, mechanically recovered flesh must be frozen as quickly as possible or incorporated in a
product intended for freezing or stabilizing treatment.
V. Conditions concerning parasites
1. During production and before they are released for human consumption, fish and fish products must be subject
to a visual inspection for the purpose of detecting and removing any parasites that are vis ible.
Fish or parts of fish which are obviously infested with parasites, and which are removed, must not be placed
on the market for human consumption.
14
The detailed rules for this inspection shall be adopted in accordance with the procedure laid down in Article
15 of this Directive, on a proposal from the Commission to be submitted before 1 October 1992.
2. The fish and fish products referred to in point 3 which are to be consumed as they are must, in addition, be
subjected to freezing at a temperature of not more than -20oC in all parts of the product for not less than 24
hours. Products subjected to this freezing process must be either raw or finished.
3. Fis h and products subject to the conditions in point 2:
(a) fish to be consumed raw or almost raw, e.g. raw herring 'maatje';
(b) the following species, if they are to undergo a cold smoking process at which the internal temperature
of the fish is less than 60oC:
- herring,
- mackerel,
- sprat,
- (wild) Atlantic and Pacific salmon;
(c) marinated and/or salted herring where this process is insufficient to (95/71) kill the larvae of nematodes.
This list may be amended, in the light of scientific data, in accordance with the procedure laid down in
Article 15 of this Directive. In accordance with the same procedure, criteria will be laid down which
must enable the processes which are deemed sufficient or insufficient to destroy nematodes to be defined.
4. Manufacturers must ensure that fish and fish products listed in point 3 or the raw materials for use in their
manufacture are subjected to the treatment described in point 2, prior to their release for consumption.
5. The fishery products listed in point 3 must, when they are placed on the market, be accompanied by a document
from the manufacturer stating the type of process they have undergone.
CHAPTER V
HEALTH CONTROL AND MONITORING OF PRODUCTION CONDITIONS
I. General monitoring
Arrangements for checking and monitoring must be made by the competent authorities in order to establish whether
the requirements laid down in this Directive are complied with such arrangements will include, in particular:
1. a check on the fishing vessels, on the understanding that such a check may be carried out during the stay in
port;
2. a check on the conditions of landing and first sale;
3. an inspection at regular intervals of establishments to check, in particular:
(a) whether the conditions for approval are still fulfilled;
(b) whether the fishery products are handled correctly;
(c) the cleanliness of the premises, facilities and instruments and staff hygiene;
(d) whether identification marks are put on correctly;
4. an inspection of the wholesale and auction markets;
5. a check on storage and transport conditions.
II. Special checks
1. Organoleptic checks
Without prejudice to the derogations provided for by Council Regulation (EEC) No 103/76 of 19 January 1976
laying down common marketing standards for certain fresh or chilled fish, each batch of fishery products must
be submitted for inspection by the competent authority at the time of landing or before first sale to check
whether they are fit for human consumption. This inspection comprises an organoleptic check carried out by
sampling.
Fishery products complying, as far as the freshness criteria are concerned, with the common marketing standards
already laid down pursuant to Article 2 of Regulation (EEC) No 3796/81 are considered to fulfil the organoleptic
requirements necessary for compliance with the provisions of this Directive.
The Commission may, where necessary, in accordance with the procedure referred to in Article 15 of this Directive,
lay down specific organoleptic requirements for fishery products not harmonized under Regulation
(EEC) No 3796/81.
The organoleptic examination must be repeated after the first sale of fishery products, if it is found that the requirements
of this Directive have not been complied with or when considered necessary.
15
After the first sale, fishery products must at least comply with the minimum freshness requirements of the
aforementioned Regulation.
If the organoleptic examination reveals that the fishery products are not fit for human consumption, measures
must be taken to withdraw them from the market and denature in such a way that they cannot be re-used for
human consumption.
If the organoleptic examination reveals any doubt as to the freshness of the fishery products, use may be
made of chemical checks or microbiological analyses.
2. Parasite checks
Before they are released for human consumption, fish and fish products must be subject to a visual inspection,
by way of sample, for the purpose of detecting any parasites that are visible.
Fish or parts of fish which are obviously infested with parasites, and which are removed, must not be placed
on the market for human consumption.
The detailed rules for this inspection shall be established in accordance with the procedure laid down in Article
15.
3. Chemicals checks
A. Samples must be taken and subjected to laboratory analysis for the control of the following parameters:
(a) TVB-N (Total Volatile Basic Nitrogen) and TMA-N (Trimethylamine-Nitrogen)
The levels of these parameters must be specified for each category of species in accordance
with the procedure laid down in Article 15 of this Directive.
(b) Histamine
Nine samples must be taken from each batch. These must fulfil the following requirements:
- the mean value must not exceed 100 ppm;
- two samples may have a value of more than 100 ppm but less than 200 ppm;
- no sample may have a value exceeding 200 ppm.
These limits apply only to fish species of the following families: scombridae, clupeidae,
engraulidae and coryphaenidae.'However, fish belonging to these families which have
undergone enzyme ripening treatment in brine may have higher histamine levels but not
more than twice the above values.
Examinations must be carried out in accordance with reliable, scientifically recognized
methods, such as high-performance liquid chromatography (HPLC).
B. Contaminants present in the aquatic environment
Without prejudice to the Community rules concerning water protection and management, and in particular
those concerning pollution of the aquatic environment, fishery products must not contain in
their edible parts contaminants present in the aquatic environment such as heavy metals and organochlorinated
substances at such a level that the calculated dietary intake exceeds the acceptable
daily or weekly intake for humans.
A monitoring system must be established by the Member States to check the level of contamination of
fishery products.
C. In accordance with the procedure laid down in Article 15 of this Directive, the following shall be decided
on by not later than 31 December 1992:
(a) the methods of analysis to be used to check the chemical parameters, as well as the sampling
plans;
(b) the acceptable levels for the chemical parameters.
4. Microbiological analyses
In accordance with the procedure laid down in Article 15 of this Directive, microbiological criteria, including
sampling plans and methods of analysis, may be laid down when there is a need to protect public health. The
Commission will to this end submit appropriate proposals for measures by 1 October 1992.
CHAPTER VI
PACKAGING
1. Packaging must be carried out under satisfactory conditions of hygiene, to preclude contamination of the fishery
products.
2. Packaging materials and products liable to enter into contact with fishery products must comply with all the rules of
hygiene, and in particular:
- they must not be such as to impair the organoleptic characteristics of the fishery products;
- they must not be capable of transmitting to the fishery products substances harmful to human health;
- they must be strong enough to protect the fishery products adequately.
16
3. With the exception of certain containers made of impervious, smooth and corrosion-resistant material which are easy
to clean and disinfect, which may be re-used after cleaning and disinfecting, packaging materials may not be re-used.
Packaging materials used for fresh products held under ice must provide adequate drainage for melt water.
4. Unused packaging materials must be stored in premises away from the production area and be protected from dust
and contamination.
CHAPTER VII
IDENTIFICATION MARKS
Without prejudice to the provisions of Directive 79/112/EEC, it must be possible to trace for inspection purposes the establishment
of dispatch of consignments of fishery products, by means either of labelling or of the accompanying documents.
For that purpose, the following information must appear on the packaging or, in the case of a non-packaged product, in the
accompanying documents:
— the country of dispatch, which may be written out in full or shown as an abbreviation, using capital letters, i.e. for the
Member States of the Community, one of the following:
B/CZ/DK/D/EE/EL/E/F/IRL/I/CY/LV/LT/L/HU/MT/NL/AT/PL/P/SI/SK/FI/SE/UK,
— identification of the establishment or factory vessel by its official approval number or, in the case of marketing from
a freezer vessel covered by point 7 of Annex II to Directive 92/48/EEC, the identification number of the vessel, or, in
the case of separate registering of auction or wholesale markets as laid down in the third subparagraph of Article 7
(1) of this Directive, the registration number of the auction or wholesale market,
— one of the following abbreviations: CE – EC – EG – EK – EF – EY – ES – EÜ – EB – KE – WE
All the letters and figures must be fully legible and grouped together on the packaging in a place where they are
visible from the outside without any need to open the said packaging.'
CHAPTER VIII
STORAGE AND TRANSPORT
1. Fishery products must, during storage and transport, be kept at the temperatures laid down in this Directive and in
particular:
- fresh or thawed fishery products and cooked and chilled crustacean and molluscan shellfish products must be
kept at the temperature of melting ice;
- frozen fishery products, with the exception of frozen fish in brine intended for the manufacture of canned
foods, must be kept at an even temperature of -18 °C or less in all parts of the product, allowing for the possibility
of brief upward fluctuations of not more than 3oC, during transport;
- processed products must be kept at the temperatures specified by the manufacturer, when the circumstances
so require, prescribed in accordance with the procedure laid down in Article 15 of this Directive.
2. Where frozen fishery products are transported from a cold-storage plant to an approved establishment to be thawed
on arrival for the purposes of preparation and/or processing and where the distance to be covered is short, not exceeding
50 km or one hour's journey, the competent authority may grant a derogation from the conditions laid down
in point 1, second indent.
3. Products may not be stored or transported with other products which may contaminate them or affect their hygiene,
unless they are packaged in such a way as to provide satisfactory protection.
4. Vehicles used for the transport of fishery products must be constructed and equipped in such a way that the temperatures
laid down in this Directive can be maintained throughout the period of transport. If ice is used to chill the
products, adequate drainage must be provided in order to ensure that water from melted ice does not stay in contact
with the products. The inside surfaces of the means of transport must be finished in such a way that they do not adversely
affect the fishery products. They must be smooth and easy to clean and disinfect.
5. Means of transport used for fishery products may not be used for transporting other products likely to impair or
contaminate fishery products, except where the fishery products can be guaranteed uncontaminated as a result of
such transport being thoroughly cleaned and disinfected.
6. Fishery products may not be transported in a vehicle or container which is not clean or which should have been
disinfected.
7. The transport conditions of fishery products to be placed on the market alive must not adversely affect the products.
CHAPTER IX
POINTS OF ANNEX I WHICH MAY BE SUBJECT TO DEROGATIONS AND POSSIBLE
CONDITIONS APPLICABLE IN THE CASE OF DEROGATIONS
Re Chapter I Part I of the Annex
17
1. Point 1 (a) provided products are sheltered from the sun and the elements and from any source of dirt or contamination.
2. Point 1 (c) provided any contamination of the products is prevented.
3. Point 1 (d), first sentence provided the finished products are stored on board at the required temperature.
4. Point 1 (g), last sentence provided products cannot be contaminated by waste water, waste or engine coolant.
5. Point 1 (h) provided staff handling fishery products can wash their hands after using the toilet.
6. Point 2 (a) provided floors are properly cleaned and disinfected.
7. Point 2 (b), (c) and (d)
8. Point 2 (g) on taps and towels
9. Point 3 provided equipment and tools are well maintained.
Re Chapter II of the Annex
10. Point 3 (a) provided the walls are kept clean.
11. Point 3 (b) provided the flooring is kept clean after every sale.
12. Point 3 (c), first sentence
13. Point 3 (e): vehicles emitting exhaust fumes provided products contaminated by exhaust fumes are withdrawn from
the market.
14. Point 3 (j) provided that products which are not fit for human consumption cannot contaminate or be mixed with
fishery products.
15. Point 3 (k)
16. Point 7 insofar as it refers to point 3 of the same Chapter and point 10 of Chapter III, section I.
Re Chapter III Part I of the Annex
17. Point 1 provided finished products cannot be contaminated by raw materials or waste.
18. Point 2 (a) provided the flooring is cleaned and disinfected accordingly.
19. Point 2 (b) provided the walls are kept clean.
20. Point 2 (c) provided the ceiling is not a source of contamination.
21. Point 2 (d)
22. Point 2 (e) provided products cannot be spoilt or contaminated by the steam.
23. Point 2 (g) provided there are facilities available for staff to wash their hands.
24. Point 3
25. Point 5 insofar as it relates to corrosion-resistant materials provided instruments and working equipment are kept
clean.
26. Point 6 provided products cannot be contaminated by waste or leakage therefrom.
27. Point 10 Re Chapter IV of the Annex
28. Part I, point 1 in respect of the requirement for products being held over to be put in the establis hment's cold room
provided the products are re-iced as often as necessary during a period not in excess of 12 hours or that a nearby
cold room not belonging to the establishment can be used.
29. Part I, point 6 in respect of the requirement for waste to be put in leakproof covered containers provided products
cannot be contaminated by waste or leakage therefrom.
30. Part IV, point 5, first paragraph provided that every precaution is taken to prevent fishery products that are being
prepared or stored from being affected by the smoke.
31. Part IV, point 6 (a) provided fishery products that are being prepared or stored are not affected by salting operations.
|
|
Users' Comments  |
|
Average user rating
 (0 Oylama)
|
|
|
Mevzuat 
