Historial: FLEXIBILITY

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__5.1. General background__

The Regulation lays down principles to be applied by all food businesses. In order to ensure that solutions for specific situations are available without compromising food safety, the Regulation provides for flexibility. For that purpose, Member States may take national measures adapting the requirements of certain Annexes of the Regulation. National measures shall:
*Have the aim of enabling the continued use of traditional methods of production, processing and distribution of food, or

*Have the aim of accommodating the needs of food businesses situated in regions that are subject to geographical constraints.

*In other cases, they shall apply only to the construction, layout and equipment of establishments.

Member States wishing to adopt national measures shall, for reasons of transparency, notify the Commission and the other Member States thereof (see Article 13, paragraph 5 of Regulation (EC) No 852/2004). The Commission and the other Member States have the right to make comments. Where these comments lead to diverging views, the matter shall be brought to the Standing Committee and a decision may be taken.

__5.2. Traditional methods of production__

In the Member States, food may be manufactured in accordance with longstanding traditions that have proven their safety although not always fully in line with certain technical requirements of the Regulation. The Regulation recognises the need for maintaining these traditional methods of production which are proof of the cultural diversity of Europe, and provides therefore for the flexibility needed by food businesses.

There is no intention in the context of this document to proceed to making an inventory of the traditional methods of production in the Member States. It is up to the competent authorities to take the necessary initiatives or act on possible requests from food businesses for flexibility.

__5.3. HACCP and flexibility__

The HACCP methodology is flexible by its very nature, being based on a limited set of principles and procedures supporting the objective of food safety, without compelling food businesses to comply with rules or to implement procedures which are not relevant or adapted to the specific context for their activity.

Guides to good practice for hygiene and for the application of the HACCP principles developed by the food business sectors themselves, either at national or at Community level, should help businesses to implement HACCP-based procedures tailored to the characteristics of their production.

The Commission issued guidance explaining the main possibilities for flexibility with regard to the implementation of HACCP-based procedures.