Committee Reports > List of Committees > Joint > 1977 > Committee on the Secondary Legislation of the European Communities > Report No. 58 - European Communities (Fresh Poultry Meat) Regulations, (S.I. No. 317 of 1976)

APPENDIX

An RÚnaÍ,

An Roinn TalmhaÍochta agus Iascaigh.

I am directed by the Chairman of the Joint Committee on the Secondary Legislation of the European Communities to refer to the European Communities (Fresh Poultry Meat) Regulations [S.I. No. 317 of 1976] which is to be considered by the Joint Committee in the near future.

I am to request you to furnish the observations of your Department on Regulations 3 and 4 in the light of the Joint Committee’s comments in section 6 of its Thirtieth Report (Prl. 5419). It is noted that these provisions make the export or sale of fresh poultry meat an offence unless “it complies with the provisions of the Council Directive” although the latter in the main deals with obligations to be discharged by the enforcement agencies of Member States. In the interests of ensuring that the obligations of those engaged in the trade are clear, why is it not sufficient to provide that fresh poultry meat may not be imported or exported unless accompanied by the health certificate referred to in Article 8 of Directive 71/118/EEC, as amended, and that the home product may not be sold unless a similar official certificate has been obtained in respect of it?

It is noted that Regulation 3 (3) apparently seeks to deal with a situation where after importation fresh poultry meat “is found, on examination by an authorised officer in the State, to be unfit for human consumption” although complying with the provisions of the Directive. I am to request you to confirm that this type of situation is not covered by existing national legislation and to indicate why the provision is thought to be required by the Council Directives so as to bring it within the scope of regulations made under the European Communities Act, 1972.

I am also to seek your observations on Regulation 15 (1) in the light of the Joint Committee’s comments in section 3 of its Twelfth Report (Prl. 4670).

Cléireach an Chomhchoiste.

18 Eanáir, 1977.

Cléireach an Chomhchoiste,

An Chomhchoiste ar Reachtaíocht Thánaisteach na gComhphobal Eorpach.

With further reference to your minute, EC4/43 of 18 Eanáir, 1977, about the European Communities (Fresh Poultry Meat) Regulations, 1976 (S.I. No. 317 of 1976) I am directed by the Minister for Agriculture to comment as follows on the matter raised in your minute.

The health certificate referred to in Article 8 of the Directive, which applies to poultry meat intended for export to other Member States, is issued by the official veterinarian at the plant from which the product originates. It will refer to the condition of the product when it leaves the plant, but there are other requirements, such as those concerning transportation, packaging and storage, which must continue to be complied with even after the product has left the plant, or in the case of imports, after the product has left the point of importation.

Regulation 7, concerning transportation, goes some distance in this regard, but it is considered that in the interests of ensuring full compliance with the Directive and of maintaining high standards for trade in fresh poultry meat, the relevant provisions of the Directive should also be enforceable at the points of sale, importation and exportation. This is the object of Articles 3 and 4.

The Department has had detailed consultations during the last few years for the purpose of explaining the obligations imposed by the Directive to those concerned. It is satisfied that these obligations, and the steps required to implement them, have been made clear and are well understood.

Concerning Regulation 3 (3) of the Regulations, provision is made by the Food Hygiene Regulations, 1950, (S.I. No. 205 of 1950) for the inspection by local authorities of food for sale. It is intended that the local authorities will continue to exercise their functions under the Regulations in regard to fresh poultry meat at the retail stage, while officers of the Department will carry out the necessary checks and inspections of imported and home-produced products at stages other than the retail stage as well as maintaining the veterinary, hygiene and health controls for which the Directive provides.

Concerning Article 15 (1), the fees will be payable for veterinary inspections of plant and product. Approximately 30 proprietors of approved premises will be involved. The rates of fees may vary from time to time but any alteration in fees would be discussed in advance with the persons concerned.

14 April, 1977.