Select Committee on European Scrutiny Twenty-First Report


13 Food hygiene: official controls on products of animal origin intended for human consumption

(23671)
10987/02

COM(02) 377

Draft Regulation laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption.

Legal baseArticle 152(4)(b); co-decision; qualified majority voting
DepartmentFood Standards Agency
Basis of considerationSEM of 7 May 2003
Previous Committee ReportHC 63-i (2002-03), paragraph 5 (20 November 2003)
To be discussed in CouncilJune 2003
Committee's assessmentPolitically important
Committee's decisionCleared

Background

13.1 In July 2000, the Commission proposed that the existing food hygiene requirements — then set out in 17 different Directives — should be recast.[30] In the process, aspects of food hygiene were to be separated from animal health and control issues, with the existing Directives being repealed and replaced by four new Regulations, dealing separately with:

  • the hygiene of all foodstuffs;
  • specific hygiene rules for food of animal origin;
  • detailed rules for the organisation of official controls on products of animal origin intended for human consumption;
  • the animal health rules governing the production, placing on the market and importation of products of animal origin intended for human consumption.

13.2 The Commission subsequently produced in December 2001 a Communication,[31] pointing out that, since it had made its original proposals, new scientific evidence had become available, particularly on issues relating to meat safety. As this required a fundamental revision of the proposal on the official controls on products of animal origin, it intended to withdraw that part of the proposal, and to replace it at a later date by a new proposal.

13.3 It did this in the current document, the main effect of which is to change the present supervisory role of officials on meat hygiene controls to one of auditing the application by operators of HACCP[32]-based programmes, and to introduce inspection procedures which place more emphasis on the health status of the animals to be slaughtered and which limit unnecessary post-mortem procedures. In addition, the proposal sets out the rules for the production of non-meat products. In the case of milk and dairy products and fishery products, the controls proposed would be similar to those at present, but, in the case of live bivalve molluscs, testing for biotoxins would have to be weekly, as compared with the fortnightly or monthly tests currently carried out in the UK.

13.4 As we noted in our Report of 20 November 2002, the Parliamentary Under-Secretary of State for Public Health at the Department of Health (Ms Hazel Blears) said that, although the proposal would in many respects simply consolidate the current requirements, the Commission was preparing a proposal for legislation laying down the overarching principles governing official feed and food controls. Since this would in turn have implications for any measures adopted under the current document, it was relevant to the initial Regulatory Impact Assessment which the Minister had provided, and which she had said she would be updating as the negotiations progressed. We therefore decided to await further developments before taking a final view on this proposal.

Supplementary Explanatory Memorandum of 7 May 2003

13.5 We have now received a supplementary Explanatory Memorandum of 7 May 2003 from the Minister, together with a partial Regulatory Impact Assessment. She says that the impact on the current proposal of the separate Commission proposal[33] on official feed and food controls as drafted is not great, as it in effect allows the status quo in terms of costs and financing to be maintained.[34] She also confirms that the cost implications of the current proposal would be relatively small so far as meat plants and dairy and fishery products are concerned, and that the principal impact would arise as a result of the increased frequency of testing required for biotoxins in molluscs. She points out that this would add between £3 and £5 million to the overall bill falling on the competent authorities, a figure which she sets alongside the £61 million of UK production in this sector in 2000. Since biotoxins in shellfish are responsible for only a small number of food poisoning incidents in the UK each year, she says that the UK does not believe such an increase in testing has been justified on public health grounds, and that it unlikely to be necessary or desirable. The UK will therefore continue to argue against this part of the proposal.

Conclusion

13.6 We are grateful for the Minister for this further information. In the light of what she has said, and the Government's general support for the proposal, we are now clearing it.


30   (21499) 10427/00; see HC 28-iii (2000-01), paragraph 1 (17 January 2001) and HC 152-xxv (2001-02), paragraph 1 (23 April 2002) .Official Report, European Standing Committee C, 24 April 2002. Back

31   (23102) 15474/01; see HC 152-xx (2001-02), paragraph 2 (6 March 2002). Back

32   Hazard Analysis and Critical Control Points. Back

33   (24270) 6090/03; see HC 63-xvi (2002-03), paragraph 1 (26 March 2003). Back

34   The one exception to this arises in cases of non-compliance with rules, where Member States would be required to charge operators with any controls which exceed normal monitoring activity. However, the Minister points out that the detailed rules governing these arrangements will be drawn up under the later proposal. Back


 
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