WRITTEN QUESTION No. 2236/98 by Hans LINDQVIST to the Commission. Fermented herring
29. 4. 1999 EN Official Journal of the European Communities C 118/47 (1999/C 118/055) WRITTEN QUESTION E-2236/98 by Hans Lindqvist (ELDR) to the Commission (16 July 1998) Subject: Fermented herring From 1 July 1998, fermented herring will be covered by the same rules that apply to other fish products in the EU, which means that it may not be kept in old wooden barrels, as has been done since the 16th century, if it is to be sold in food shops, nor may it be handled on premises with wooden floors, such as old boathouses. These rules will affect a one thousand year old industry and tradition in Sweden, making the situation particularly difficult for small local producers. The EU talks of subsidiarity and not interfering in details but does the exact opposite. Does the Commission believe that such detailed regulation is consistent with subsidiarity? If not, does it intend to block the directive on fermented herring? Joint answer to Written Questions E-2234/98 and E-2236/98 given by Mr Fischler on behalf of the Commission (21 September 1998) Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1) does not contain any specific provision requiring a cement floor. It is for the national authority to judge whether a floor meets the Directiveís hygiene aims. Further the Directive does not contain an explicit requirement to use plastic barrels. Chapter III of the Annex, which sets out general conditions for establishments on land, states at point 2(a) that these establishments must have, áin 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 the waterí. Chapter IV(6)(c) and Chapter VI(2) of the Annex state, respectively, that: Salting(c) Any container used for salting or brining must be constructed in such a way as to 6. preclude contamination during the salting or brining process. Packaging materials and products liable to enter into contact with fishery products must comply 2. 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. Community legislation in this area does not aim to undermine production of a traditional Swedish delicacy, as long as it complies with the rules on food hygiene. Furthermore, the above provisions leave the Swedish authorities sufficient scope for interpretation in applying them, and the Commission therefore believes that the principle of subsidiarity has been respected. (1) OJ L 268, 24. 9. 1991