WRITTEN QUESTION E-1581/99

by Glyn Ford (PSE) to the Commission

(1 September 1999)

Subject: Shellfish hygiene directive

Is the Commission aware of the impact of Directive 91/0492/EEC(1) on shellfishermen in waters classified as Category C? Classification is determined by monitoring using E.Coli, a testing process which is not an adequate indicator in the case of shellfish where the disease-causing organism is a virus and not a bacterium. Furthermore, the application of the standard to mussels which are cooked and therefore pose less threat to public health than oysters which are traditionally eaten raw is considered to be inappropriate. The livelihoods of fishermen on the River Teign, which is on the border line between Categories B and C, is threatened by the application of the standard to mussels. Will the Commission urgently review the Directive so that the long tradition of shellfishing may survive?

(1) OJ L 268, 24.9.1991, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(5 November 1999)

The monitoring of production areas for the classification foreseen in Chapter I of the annex to Council Directive 91/0492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs is based on the total number of faecal coliforms or E coli. This classification relates to production areas for live bivalve molluscs, and determines whether live bivalve molluscs can be intended for direct human consumption or must be purified or relayed.

The microbiological criteria applicable to the production of commercially cooked mussels are established by Commission Decision 93/0051/EEC of 15 December 1992 on the microbiological criteria applicable to the production of cooked crustaceans and molluscan shellfish(1).

On the other hand the Commission, to ensure an effective monitoring system with regard to virus testing and the establishment of standards for virological and bacteriological contamination, presented a proposal for a Parliament and Council Decision on reference laboratories for monitoring bacteriological and viral contamination of bivalve molluscs(2). The Parliament gave its opinion(3) and the Council adopted the proposal, after changing the legal basis from Article 100a to Article 43 of the EC Treaty, on 29 April 1999, by Council Decision 1999/0313/EC of 29 April 1999 on reference laboratories for monitoring bacteriological and viral contamination of bivalve molluscs(4).

The Commission is currently preparing a general revision of the Community legislation on food hygiene including a revision of the legislation governing the production and placing on the market of products of animal origin.

The River Teign has recent been designated under Council Directive 79/0923/EEC on the quality required of shellfish waters. The protection afforded by this shellfish water quality designation should in time lead to a reduction in pollution.

(1) OJ L 13, 21.1.1993.

(2) OJ C 267, 3.9.1997.

(3) OJ C 304, 6.10.1997.

(4) OJ L 120, 8.5.1999.