North and the great LBM mystery

Let me begin by saying I know nothing about live bi-valve molluscs or the intricacies of EU regulations. I want to make that perfectly clear at the outset. I bow to superior knowledge in these and most other matters. Yesterday Dr North commented on an article in Yorkshire Bylines about DEFRA boss George Eustice and the exchange of letters between him and the EU Commissioner for Health and Food Safety, Stella Kyriakides.

Ms Kyriakides had pointed out to Eustice in February that he himself had written to Stakeholders in December explaining that wild LBMs could no longer be exported to the EU because there was no suitable Export Health Certificate.  In January when the 'ban' affected the fishing industry very badly, Eustice claimed it was illegal and he had been surprised by it!

Dr North took exception (as he often does) and claimed:

"But the inconvenient truth is that the Commission has got it wrong. It is arbitrarily excluding UK product in breach of its own law, supported by a Commissioner who clearly doesn't understand the system for which she is responsible."

That's it. The great oracle has spoken. The EU Commission with its army of civil servants is wrong and he is right apparently. No equivocation or false modesty there.

I don't know if he is right or not but I wouldn't bet on it. My money would be firmly on the Commission.

Apart from the lack of a suitable EHC, Kyriakides letter says this:

"The possibility of transporting live bivalve molluscs for human consumption in viviers has never been possible, even between EU Member States, and conflicts with the rules of Chapter VI point 2, and Chapter VIII point 2, of Section VII of Annex III to Regulation (EC) No 853/2004."

Viviers are tanks apparently used for shipping LBMs in bulk by the way.  So, I had a look at this Annex III to regulation 853/2004 since this appears to prevent the trade in LBMs under any circumstances even between member states. Here are the sections she points to:

CHAPTER VI: WRAPPING AND PACKAGING OF LIVE BIVALVE MOLLUSCS

2. Individual consumer-size packages of live bivalve molluscs must be closed and remain closed after leaving the dispatch centre and until presented for sale to the final consumer.

CHAPTER VIII: OTHER REQUIREMENTS

2. Live bivalve molluscs must not be re-immersed in, or sprayed with, water after they have been packaged for retail sale and left the dispatch centre.

I think this means the UK could treat LBMs (depuration) in the UK and despatch them to the EU afterwards in individual consumer sized packs but not in bulk in viviers.  That seems impossible.

North himself seem to half concedes the Commission is right by saying "the Commission could easily regularise the position by issuing a model EHC for use with product gathered from class B production, intended for human consumption only after treatment in a purification centre, as permitted by 953/2004."

The regulation he suggests by the way (953/2004) is about the issuing of licences for the import of garlic so I think he's got that wrong and he must be referring to 853/2004.  He is perhaps not quite as infallible as he thinks!

What he seems to be proposing is that the EU helps the UK by changing its regulation and issuing a "model EHC" just for the UK to export wild LBMs from Class B waters in tanks. I am not convinced we could have persuaded them to do that as a full member but they are certainly not going to do it for an ex member and now a third country.

And not when Lord Frost is unilaterally extending grace periods in the NI protocol and generally behaving like a pain in the a**e as far as Brussels in concerned.

I'll keep an eye on this LBM thing and if Dr North is correct I'll post it here. But don't hold your breath.