Regulation (EC) 1019/2008: clean water in Annex II Chapter VII of Reg. 852/2004

Rationale and background

In the original 2004 version, Chapter VII of Annex II generally required the use of potable water to ensure that food was not contaminated. For some fishery supply chains this requirement was stricter than necessary: the handling of whole fishery products and of live molluscs, echinoderms and other marine organisms often takes place on board or close to the sea, where the use of clean seawater is established and safe practice. Regulation (EC) 1019/2008 aligned Regulation (EC) 852/2004 with the categories already present in Regulation (EC) 853/2004 on the hygiene of food of animal origin, introducing the possibility of using clean water and clean seawater under defined conditions.

Subject matter

The amendment rewrites point 1 of Chapter VII of Annex II. Two principles remain: there is to be an adequate supply of potable water, to be used whenever necessary to ensure the absence of contamination Annex II, Chapter VII, point 1 of Regulation (EC) No 852/2004. The novelty is twofold: clean water may be used with whole fishery products; clean seawater may be used with live bivalve molluscs, echinoderms, tunicates and marine gastropods; clean water may also be used for external washing Annex II, Chapter VII, point 1 of Regulation (EC) No 852/2004. The derogation is conditional: where clean water is used, adequate facilities and procedures for its supply must be available so that such use is not a source of contamination Annex II, Chapter VII, point 1 of Regulation (EC) No 852/2004. Points 2, 3 and 4 of the chapter (non-potable water, recycled water, ice) are not affected by the amendment Annex II, Chapter VII, point 2 of Regulation (EC) No 852/2004.

Coordination with other rules

The notions of "potable water", "clean water" and "clean seawater" are defined by Article 2 of Regulation (EC) 852/2004 Article 2(1) of Regulation (EC) No 852/2004: clean water is natural, artificial or purified water that does not contain micro-organisms or harmful substances in quantities capable of affecting the safety of food. The amended Chapter VII refers to these definitions, consistently with the scheme of Regulation (EC) 853/2004 Article 2 of Regulation (EC) No 853/2004. The choice to use clean water remains subject to the hazard analysis inherent in HACCP self-checking: the operator must demonstrate that such use introduces no risk Article 5(1) of Regulation (EC) No 852/2004.

Practical application

The amendment concerns exclusively the fishery sector and the stages where clean seawater is available and appropriate. For operators in general — restaurants, retail, processing — the duty to use potable water remains. The timeline of amendments to the regulation is on the amendments page.