1989L0108 — EN — 01.01.1995 — 001.001 — 1
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►B COUNCIL DIRECTIVE
of 21December 1 988
on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for
human consumption
(89/108/EEC)
(OJ L 40, 11.2.1989, p. 34)
Amended by:
Official Journal
Nopage date
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCIL DIRECTIVE
of 21December 1 988
on the approximation of the laws of the Member States relating to
quick-frozen foodstuffs for human consumption
(89/108/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission,In cooperation with the European Parliament(
1),
Having regard to the opinion of the Economic and Social Committee(2),
Whereas the manufacture of and trade in quick-frozen foodstuffs
intended for human consumption (hereinafter referred to as ‘quick-frozen foodstuffs') are assuming increasing importance in theCommunity;
Whereas the differences between national laws relating to quick-frozen
foodstuffs hamper the free movement thereof; whereas they may createunequal conditions of competition and therefore have a direct effect onthe establishment and functioning of the common market;
Whereas it is therefore necessary to approximate these laws;Whereas tothat end the Co mmunity rules must be given the widest
possible scope, extending to all quick-frozen foodstuffs intended forhuman consumption and including not only products intended forsupply without further processing to the ultimate consumer and torestaurants, hospitals, canteens and to other similar mass caterers, butalso products having to be further processed or prepared;
Whereas, however, these rules need not apply to products not offered
for sale as quick-frozen foodstuffs;
Whereas it is in any case appropriate to lay down the general principles
which any quick-frozen foodstuffs must satisfy;
Whereas at a later stage special provisions over and above the general
principles may, where necessary, be adopted for certain categories ofquick-frozen foodstuffs, in accordance with the procedure applicable toeach of these categories;
Whereas the purpose of quick-freezing is to preserve the intrinsic char-
acteristics of foodstuffs by a process of rapid freezing; whereas it isnecessary toattain a temperature o f −18 °C or lower at all points in the
product;
Whereas at −18 °C all microbiological activity likely to impair the
quality of a foodstuff is suspended; whereas it is therefore necessary tomaintain at least that temperature, subject toa certain technically inevit-able tolerance, during the storage and distribution of quick-frozen food-stuffs before their sale to the ultimate consumer;
Whereas for technical reasons certain temperature increases are inevit-
able and may therefore be tolerated provided they do not harm thequality of the products, which may be ensured by complying with goodstorage and distribution practice, taking account in particular of theproper level of stock rotation;
Whereas the performance of certain technical equipment at present in
use for the local distribution of quick-frozen foodstuffs is not capable ofensuring in every case full compliance with the temperature limitsimposed in this Directive, and it is therefore necessary to provide for a
(1) OJ NoC 175, 15. 7. 1985, p. 296 and OJ NoC 12, 16. 1. 1989.
(2) OJ NoC 104, 25. 4. 1985, p. 17.
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transitional system allowing for existing material to be used for its
normal lifetime;
Whereas this Directive need merely state the objectives to be attained as
regards both the equipment used for the quick-freezing process and thetemperatures to be observed in the storage, handling, transport anddistribution installations and equipment;
Whereas it is incumbent upon Member States to ensure by means of
official checks that the equipment used is capable of meeting theseobjectives;
Whereas such checks render superfluous any system of official certi-
fication for trade purposes;
Whereas it is desirable to provide for the possibility of using cryogenic
fluids in direct contact with quick-frozen foodstuffs; whereas thereforethese fluids must be sufficiently inert not to impart to the foodstuffs anyconstituents in quantities liable to constitute a hazard to human health,or to give rise to an unacceptable change in the composition of food-stuffs, or to impair their organoleptic characteristics;
Whereas in order to attain this objective it is necessary to adopt a list of
these substances and to lay down criteria for their purity and conditionsfor their use;
Whereas quick-frozen foodstuffs intended for the ultimate consumer
and for restaurants, hospitals, canteens and other similar mass caterersare subject, as far as their labelling is concerned, to the rules laid downby Council Directive 79/112/EEC of 18 December 1978 on the approx-imation of the laws of the Member States relating to the labelling,presentation and advertising of foodstuffs for sale to the ultimateconsumer(
1), as last amended by Directive 86/197/EEC (2); whereas the
present Directive need therefore merely lay down the particulars whichare specific to quick-frozen foodstuffs;
Whereas, to facilitate trade, rules should also be adopted for the label-
ling of quick-frozen foodstuffs not intended for supply in the frozenstate to the ultimate consumer or to restaurants, hospitals, canteens andother similar mass caterers;
Whereas, in order to simplify and speed up the procedure, the Commis-
sion should be assigned the task of adopting implementing measures ofa technical nature;
Whereas, in all cases in which the Council empowers the Commission
to implement the rules laid down for foodstuffs, a procedure estab-lishing close cooperation between the Member States and the Commis-sion within the Standing Committee on Foodstuffs set up by CouncilDecision 69/414/EEC (
3) should be laid down,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to quick-frozen foods intended for
human consumption, hereinafter referred to as ‘quick-frozen foodstuffs'.
2. For the purposes of this Directive ‘quick-frozen foodstuffs'means
foodstuffs
— which have undergone a suitable freezing process known as ‘quick-
freezing'whereby the zone of maximum crystallization is crossed asrapidly as possible, depending on the type of product, and theresulting temperature of the product (after thermal stabilization) iscontinuously maintained at a level of −18 °C or lower at all points,
and
(1) OJ NoL 33, 8. 2. 1979, p. 1.
(2) OJ NoL 144, 29. 5. 1986, p. 38.
(3) OJ NoL 291, 19. 11. 1969, p. 9.
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— which are marketed in such a way as toindicate that they po ssess
this characteristic.
For the purposes of this Directive, ice-cream and other edible ices shall
not be regarded as quick-frozen foodstuffs.
3. This Directive shall apply without prejudice to Community provi-
sions relating to:
(a) the common organization of markets in the agricultural and fish-
eries sectors;
(b) veterinary hygiene.
Article 2
Only the products defined in Article 1 (2) may bear the names provided
for in Articles 8 and 9.
Article 3
1. Raw materials used in the manufacture of quick-frozen foodstuffs
must be of sound, genuine and merchantable quality and be of therequired degree of freshness
2. Preparation and quick-freezing of products must be carried out
promptly, using appropriate technical equipment, in order to limit chem-ical, biochemical and microbiological changes to a minimum.
Article 4
The cryogenic media authorized, to the exclusion of all others, for use
in direct contact with quick-frozen foodstuffs shall be the following:
— air,— nitrogen,— carbon dioxide.
By way of derogation from the first paragraph, Member States may
retain until 31 December 1992 national laws authorizing the use ofdichlorodifluoromethane (R 12) as a cryogenic medium.
The purity criteria tobe satisfied by these cryo genic media shall be
determined, as far as necessary, in accordance with the procedure laiddown in Article 12.
Article 5
1. The temperature of quick-frozen foodstuffs must be stable and
maintained, at all points in the product, at −18 °C or lower, with
possibly brief upward fluctuations of no more than 3 °C during trans-
port.
2. However, tolerances in the temperature of the product in accord-
ance with good storage and distribution practice shall be permittedduring local distribution and in retail display cabinets subject to thefollowing conditions:
(a) these tolerances shall not exceed 3 °C;
(b) they may, however reach 6 °C in retail display cabinets, if and to
the extent that the Member States sodecide. In that case, theMember States shall select the temperature in the light of stock orproduct rotation in the retail trade. They shall inform the Commis-sion of the measures taken and of the grounds for those measures.
The Commission shall review the tolerance provided for in the
previous subparagraph in the light of technical developments andshall make proposals to the Council if appropriate before 1 January1993.
3. For a period of eight years from the notification of this Directive,
the Member States may, for local distribution, authorize tolerances ofup to6 °C.
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Article 6
1. The Member States shall:
(a) ensure that the equipment used for quick-freezing, storage, trans-
port, local distribution and retail display cabinets is such thatcompliance with the requirements of this Directive can be guaran-teed;
(b) conduct random official checks on the temperature of quick-frozen
foodstuffs.
2. Member States shall not require that, as a preliminary to or during
the marketing of quick-frozen foodstuffs, compliance with the provi-sions of paragraph 1 be attested by means of an official certificate.
Article 7
Quick-frozen foodstuffs intended for supply to the ultimate consumer
must be packed by the manufacturer or packer in suitable pre-packagingwhich protects them from microbial or other forms of external contami-nation and against drying.
Article 8
1. Directive 79/112/EEC shall apply to products covered by this
Directive and intended for supply without further processing to theultimate consumer and to restaurants, hospitals, canteens and othersimilar mass caterers on the following conditions:
(a) one or more of the following shall be added to the sales name:
in Danish: ‘dybfrossen',in German: ‘tiefgefroren'or ‘Tiefkühlkost'or ‘tiefgekühlt'or ‘gefros-
tet',
in Spanish: ‘ultracongelado' or ‘congelado rápidamente',in Greek: ‘ βαθείας κατάψυξης 'or‘ ταχείας κατάψυξης 'or‘ υπερ-
κατεψυγµένα ',
in English: ‘quick-frozen',in French: ‘surgelé',in Italian: ‘surgelato',in Dutch: ‘diepvries',in Portuguese: ‘ultracongelado',
▼
A1
in Finnish: ‘pakastettu',in Swedish: ‘djupfryst';
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(b) in addition to the date of minimum durability, the period during
which quick-frozen products may be stored by the purchaser andthe storage temperature and/or type of storage equipment requiredmust be indicated;
(c) the labelling of any quick-frozen foodstuff must include a reference
from which the batch may be identified;
(d) the label of any quick-frozen foodstuff must bear a clear message of
the type ‘do not refreeze after defrosting'.
Article 9
1. The labelling of the products defined in Article 1 (2) which are not
intended for sale to the ultimate consumer or to restaurants, hospitals,canteens and other similar mass caterers shall contain only thefollowing mandatory particulars:
(a) the sales name supplemented in accordance with Article 8 (1) (a) of
this Directive;
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(b) the net quantity expressed in units of mass;
(c) a reference enabling the batch tobe identified;
(d) the name or business name and address of the manufacturer or
packer, or of a seller established within the Community.
2. The particulars provided for in paragraph 1 shall appear on the
packaging, container or wrapping, or on a label attached thereto.
3. This Article shall not affect any Community metrological provi-
sions which are more detailed or more comprehensive.
Article 10
Member States may not, for reasons related to their manufacturing
specifications, presentation or labelling, prohibit or restrict themarketing of any of the products defined in Article 1 (2) which complywith this Directive and, with measures taken for its application.
Article 11
The sampling procedures for quick-frozen foodstuffs, the procedures for
monitoring their temperature and for monitoring temperatures in themeans of transport and warehousing and storage shall be determined inaccordance with the procedure laid down in Article 12, before the endof a 24-month period following notification of this Directive.
Article 12
1. Where the procedure provided for in this Article is invoked, the
matter shall be referred to the Standing Committee on Foodstuffs,hereinafter referred toas the Co mmittee, by its chairman, acting eitheron his own initiative or at the request of the representative of a MemberState.
2. The Commission representative shall submit to the Committee a
draft of the measures to be adopted. The Committee shall deliver itsopinion on the draft within a period to be determined by the chairmanhaving regard tothe urgency o f the matter. It shall decide by a qualifiedmajority, as laid down in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. (a) The Commission shall adopt the measures proposed where these
are in conformity with the opinion of the Committee;
(b) Where the measures proposed are not in conformity with the
opinion of the committee or where no opinion is delivered, theCommission shall forthwith submit to the Council a proposalconcerning the measures to be taken. The Council shall act by aqualified majority;
(c) If, upon the expiry of a period of three months from the date on
which the matter is brought before the Council, the latter hasfailed to take any measures, the Commission shall adopt theproposed measures.
Article 13
1. The Member States shall take the measures necessary toco mply
with this Directive. They shall forthwith inform the Commissionthereof. The measures taken shall:
— permit no later than 18 months after notification(
1) of the Directive,
trade in products which comply with this Directive,
— prohibit no later than 24 months after notification of the Directive,
trade in products which do not comply with this Directive.
(1) This Directive was notified to the Member States on 10 January 1989.
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2. As regards retail display cabinets, for a period of eight yearsfollowing notification of this Directive, Member States may retain thelaws applying on the date when this Directive enters into force.
In this case, the Member States shall inform the Commission, stating
the reasons for their decision.
Article 14
This Directive is addressed tothe Member States.