Commission Implementing Regulation (EU) 2019/1139
of 3 July 2019
amending Regulation (EC) No 2074/2005 as regards official controls on food of animal origin in relation to requirements concerning food chain information and fishery products and to the reference to recognised testing methods for marine biotoxins and to testing methods for raw milk and heat-treated cow's milk
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
After consulting the Committee on Plants, Animals, Food and Feed,
Whereas:
Regulation (EU) 2017/625 lays down rules for the official controls and other official activities performed by the competent authorities of the Member States to verify compliance with Union legislation, inter alia, in the area of food safety at all stages of production, processing and distribution. In particular, it provides for official controls in relation to products of animal origin intended for human consumption.
Regulation (EC) No 853/2004 requires the slaughterhouse operator to request, receive, check and act upon food chain information for all animals, other than wild game, sent or intended to be sent to the slaughterhouse. In addition, he should make sure the food chain information provides all the details required under Regulation (EC) No 853/2004.
Regulation (EC) No 853/2004 sets out the requirements governing parasite checks during handling of fishery products on shore and on board vessels. It is up to food business operators to carry out their own checks at all stages in the production of fishery products in accordance with the rules in Chapter V(D) of Section VIII of Annex III to Regulation (EC) No 853/2004 so that fish which are obviously infested with parasites are not released for human consumption. The adoption of detailed rules relating to visual inspections calls for the concepts of visible parasites and visual inspection to be defined and the type and frequency of the observations to be determined.
Implementing Regulation (EU) 2019/627 lays down rules on uniform practical arrangements for the performance of official controls on food of animal origin. That Regulation sets out, in its Annex V, the recognised testing methods for the detection of marine biotoxins in live bivalve molluscs to be used by the competent authorities for the purpose of official controls. Furthermore, it sets out, in its Annex III, the testing methods for raw milk and heat-treated cow's milk to be used by the competent authorities for the purpose of official controls. Regulation (EC) No 853/2004 requires food business operators to carry out their own checks at all stages in the production to ensure that live bivalve molluscs, raw milk and heat-treated cow's milk comply with the hygiene rules for food of animal origin laid down in that Regulation. To ensure a high level of consumer protection with regard to food safety, Regulation (EC) No 2074/2005 should therefore include an obligation for food business operators to use the same recognised testing methods for marine biotoxins and testing methods for raw milk and heat-treated cow's milk as the competent authorities are to use in accordance with Implementing Regulation (EU) 2019/627.
Regulation (EC) No 2074/2005 should therefore be amended accordingly.
As Regulation (EU) 2017/625 applies with effect from 14 December 2019, this Regulation should apply from the same date.
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION: