The European Commission intervened in the summer with a minor clarification of the Hygiene 2 regulation in the stated hope of mitigating the most widespread fraud on thawed tuna. Not enough to eradicate a criminal phenomenon that still recurs in every corner of Europe, as we have seen (1,2).
To consumAtors and restaurateurs some brief advice on why and how to reduce demand for fish that may come from illegal activities or are otherwise harvested by fishing gear incompatible with the need to preserve marine fish stocks. #SDG14.
Thawed tuna and food fraud
Regulation (EU) no. 2021/1374, adopted by the Commission under delegation from the European legislature, made a number of changes to reg. EC 853/04, so-called Hygiene 2, laying down additional requirements for animal product chains (3,4). The Brussels executive also devoted brief mentions to the frauds under consideration, in the following terms.
‘Following recent frauds involving tuna initially frozen in brine at -9 °C and destined for the canning industry, but redirected for consumption as a fresh fishery product, (…) it should be clarified that whole fishery products initially frozen in brine at -9 °C and intended for the canning industry should not be used for other purposes even if they are then frozen at a temperature of -18 °C‘ (reg. EU 2021/1374, Recital 18).
Hygiene Regulation 2, a little clarification
The passage in Hygiene Regulation 2 where it is clarified that fish kept ab origine in brine at -9 °C must come exclusively for the canning industry is replaced by new text where it is clarified that its subsequent freezing at -18 °C is irrelevant. (5)
‘Where freezing in brine of whole fish for canning is practiced, a temperature of not more than -9 °C must be achieved for such fishery products. Even if they are then frozen at a temperature of -18 °C, whole fish initially frozen in brine at a temperature not exceeding -9 °C must be used for canning. Brine must not be a source of contamination for fish.’
Trade fraud and illegal fishing
The above clarification is only meant to draw the attention of member states to illegal fishing activity that is often upstream of fraud in trade. Namely, the transshipment of whole fish
– by a plethora of common fishing vessels, which dredge the deep waters withpurse seiners (purse seiners) and store the catch in brine at -9 °C because they work economically, without refrigeration facilities suitable for freezing at -18 °C,
– to a few vessels that practice selective hook-and-line fishing(longliner) and are capable of freezing or deep-freezing fish and storing them at -18 °C(longliner, freezer vessel).
Food security and urgent measures
Official controls must be strengthened by all member states, and the Commission must coordinate them. As in fact he proposed to do, developing special guidelines(EU Tips for Inspections, 2017), but these were not followed up. In fact, the RASFF early warning system still records numerous frauds on thawed tuna with serious food safety risks. (1) And it is up to the Commission to intervene with urgent measures, without the need to wait any longer. (6)
‘Where it is evident that food or feed originating in the Community or imported from a third country is likely to constitute a serious risk to human health, animal health, or the environment that cannot be contained satisfactorily by measures taken by the Member State(s) concerned, the Commission, acting on its own initiative or at the request of a Member State, (…) shall immediately adopt‘ a set of ‘emergency measures for food and feed of Community origin or imported from a third country‘ (EC Reg. 178/02, Art. 53.1)
Thawed tuna steak? Also no
To responsible consumAtors and restaurateurs we dare to offer one piece of advice, do away with tuna steaks. The real cost of such easy ordering and preparation is the contribution to the depletion of marine fish stocks, of whichpurse seiner fishing is a major factor.
Pending That the European Commission take effective action to hinder fraud and illegal fishing activities (Illegal, Unreported and Unregulated fishing, UI) – and for companies in the EU to start applying the due diligence (7) – it is good to know that purse seines have a devastating impact on the stock fish because of the technologies used.
‘Fished by purse seine and gathering nets,’ what does that mean?
Encircling and gathering nets can exceed 2 km in length and 200 m in depth, with varying sizes depending on vessel, mesh size, and target species. They are huge walls of net, distributed around an entire area or school of pelagic fish. Sonars are used to locate schools of tuna and Fish Aggregating Devices (FADs), floating objects, to attract them.
The seine – from Arabic شبكة, net – has floats along the top line, with a ringed lead wire along the bottom. Once a school of fish is located, a small boat(skiff) surrounds the school with the net. The lead wire is then rewound, so as to close the net at the bottom and prevent any trapped species-including mammals (e.g., dolphins) and sea turtles-from evading collection.
Responsible Fish Consumption, SDG 14
Stopping the compulsion to repeat orders for tuna steaks is necessary to reduce international demand for a commodity that is often the subject of fraud and illegal fishing, as well as a cause of purse seine fishing in any case. The alternative available to us, for responsible seafood purchasing and consumption, is far and wide.
Bluefish
, neglected fish, fish resources from organic or otherwise sustainable aquaculture. Without neglecting origin-which in farmed fish makes a difference, as seen on sea bream and sea bass-or oysters and other shellfish.
SDG 14, Life below Water. Conserve and sustainably use the oceans, seas and marine resources.
Dario Dongo
Cover image taken from photos by Alex Hofford, Greenpeace. V. Katarina Zimmer. How seafood’s “dark web” obscures fraud, fish laundering, and slavery on the high seas. The Counter. 15.8.17, https://thecounter.org/seafood-dark-web-fish-fraud-transshipment/
Notes
(1) Dario Dongo. Thawed tuna with additives, the giant food fraud unpunished in the EU. GIFT(Great Italian Food Trade). 7/15/21, https://www.greatitalianfoodtrade.it/sicurezza/tonno-decongelato-con-additivi-la-giga-frode-alimentare-impunita-in-ue
(2) Thawed tuna with added water and additives? Lawyer Dario Dongo answers.. FARE(Food and Agriculture Requirements). 17.7.21, https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/tonno-decongelato-con-acqua-e-additivi-aggiunti-risponde-l-avvocato-dario-dongo
(3) Commission Delegated Regulation (EU) 2021/1374, 12.4.21, Amending Annex III of Regulation (EC) No. 853/2004 of the European Parliament and of the Council on specific hygiene requirements for food of animal origin (Text relevant to the EEA). https://bit.ly/2Wd9D53
(4) For further study, we recommend reading theebook ‘Food Safety, Mandatory Rules and Voluntary Standards,’ at https://www.greatitalianfoodtrade.it/libri/sicurezza-alimentare-regole-cogenti-e-norme-volontarie-il-nuovo-libro-di-dario-dongo
(5) The replacement of the rule intervenes on reg. EC 853/04, Annex III, Section VIII, Chapter I, Part II, point 7
(6) The responsibilities of the European Commission on the food safety front are spelled out in both the General Food Law (EC Reg. 178/02) and the Hygiene Package. See footnote 4
(7) Dario Dongo. Due diligence, the EU draft directive on socio-environmental responsibilities in the value chain. GIFT(Great Italian Food Trade). 7/27/21, https://www.greatitalianfoodtrade.it/progresso/due-diligence-il-progetto-di-direttiva-ue-sulle-responsabilità-socio-ambientali-nella-catena-del-valore
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
