The European Commission has lost a case brought by a fishing company over one of its regulations.
The General Court ruled that the EU Commission did not consult the European Food Safety Authority (EFSA) before introducing the new legislation, so it should be repealed. The EU Commission is required to seek scientific advice from EFSA on issues that may have a significant impact on public health.
Mowi Poland had sought to overturn part of an EU regulation passed in December 2023 detailing the 96-hour process limit applied to the fisheries sector. The decision means that “limited periods outside of temperature control” are allowed, as the legislation does not specify any time limits.
The company specializes in salmon processing. To cut smoked salmon, Movi uses a toughening technique that involves cutting smoked salmon fillets by lowering its starting temperature to between -7 degrees C (19.4 degrees F) and -14 degrees C (6 degrees F).
More than clarification
According to the court, before the ruling, there was no legally binding obligation governing the use of stiffening as a production step, but only guidance documents.
The amendment introduced a time limit of 96 hours. The EU Commission said that this period is already known as the maximum permitted period and appears in various documents, so this move only clarified the requirements.
Mowey said the deadline is not based on any scientific evidence; The EU Commission has not provided any justification for the restriction; and EFSA should have been consulted.
According to the EU Commission, some producers have abused legislation on the use of curing in the production process because fillets stored at curing temperatures are of lower quality and consumers have been misled into thinking they are buying a product that has not been frozen.
Potential Health Risk
The EU Commission said it relies on research showing that the temperature and freezing time of smoked salmon have a significant impact on its quality. The 96 hour period takes into account the maximum time required to complete the cut.
In its own arguments, the EU Commission said the amendment did not address an issue that could have a serious impact on public health. However, it also states that keeping smoked salmon at the temperature required to set for an extended period may affect the health of consumers.
The EU Commission said that adopting Mowi's frozen product interpretation means that products that are below -18 degrees Celsius (-0.4 degrees Fahrenheit) can be sold to consumers as products that have never been frozen and that would be “clearly hazardous” to public health, given the possibility that the same product has been thawed several times.
Other issues raised by the court were that, based on EU rules, it was not clear from what point a fish product was considered to be stored or at what temperature such a product was considered to be frozen.
The European Commission was ordered to pay its own costs and those incurred by Mowi Polska. France supported the EU Commission and was also ordered to pay its own costs.
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