1989L0108 — EN — 01.05.2004 — 003.001 — 1
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►B COUNCIL DIRECTIVE
of 21 December 1988
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
No page date
►M1 Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
Amended by:
►A1 Act 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
►A2 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
COUNCIL DIRECTIVE
of 21 December 1988
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 the Commu-nity;
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 to that end the Community 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, but
also 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 applicableto each 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 is
necessary to attain a temperature of −18 ºC or lower at all points inthe product;
Whereas at −18 ºC all microbiological activity likely to impair the
quality of a foodstuff is suspended; whereas it is therefore necessary
to maintain at least that temperature, subject to a certain technically
inevitable tolerance, during the storage and distribution of quick-frozenfoodstuffs before their sale to the ultimate consumer;
Whereas for technical reasons certain temperature increases are inevi-
table and may therefore be tolerated provided they do not harm the
quality of the products, which may be ensured by complying with
good storage and distribution practice, taking account in particular ofthe proper level of stock rotation;1989L0108 — EN — 01.05.2004 — 003.001 — 2
(1) OJ No C 175, 15. 7. 1985, p. 296 and OJ No C 12, 16. 1. 1989.
(2) OJ No C 104, 25. 4. 1985, p. 17.
▼B
Whereas the performance of certain technical equipment at present in
use for the local distribution of quick-frozen foodstuffs is not capableof ensuring in every case full compliance with the temperature limits
imposed in this Directive, and it is therefore necessary to provide for
a transitional system allowing for existing material to be used for itsnormal lifetime;
Whereas this Directive need merely state the objectives to be attained
as regards both the equipment used for the quick-freezing process and
the temperatures 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 these
objectives;
Whereas such checks render superfluous any system of official certifi-
cation 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 foodstuffsany constituents in quantities liable to constitute a hazard to human
health, or to give rise to an unacceptable change in the composition of
foodstuffs, 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 condi-
tions for 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 down
by 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 particularswhich are 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, canteensand other 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 theCommission within the Standing Committee on Foodstuffs set up byCouncil Decision 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 food-
stuffs’.
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 crossed1989L0108 — EN — 01.05.2004 — 003.001 — 3
(1) OJ No L 33, 8. 2. 1979, p. 1.
(2) OJ No L 144, 29. 5. 1986, p. 38.
(3) OJ No L 291, 19. 11. 1969, p. 9.
▼B
as rapidly as possible, depending on the type of product, and the
resulting temperature of the product (after thermal stabilization) iscontinuously maintained at a level of −18 ºC or lower at all points,
and
— which are marketed in such a way as to indicate that they possess
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
chemical, 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 to be satisfied by these cryogenic 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 ºC or lower, withpossibly brief upward fluctuations of no more than 3 ºC during trans-port.
2. However, tolerances in the temperature of the product in accor-
dance with good storage and distribution practice shall be permittedduring local distribution and in retail display cabinets subject to the
following conditions:
(a) these tolerances shall not exceed 3 ºC;
(b) they may, however reach 6 ºC in retail display cabinets, if and to
the extent that the Member States so decide. 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.1989L0108 — EN — 01.05.2004 — 003.001 — 4
▼B
The Commission shall review the tolerance provided for in the
previous subparagraph in the light of technical developments and shallmake proposals to the Council if appropriate before 1 January 1993.
3. For a period of eight years from the notification of this Directive,
the Member States may, for local distribution, authorize tolerances of
up to 6 ºC.
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 that
compliance 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-packa-
ging which protects them from microbial or other forms of external
contamination 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 the ulti-mate consumer and to restaurants, hospitals, canteens and other similarmass 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
‘gefrostet’,
in Spanish: ‘ultracongelado’ or ‘congelado rápidamente’,in Greek: ‘ βαθείας κατάψυξης ’o r‘ ταχείας κατάψυξης ’o r
‘υπερ -κατεψυγµένα ’,
in English: ‘quick-frozen’,in French: ‘surgelé’,in Italian: ‘surgelato’,in Dutch: ‘diepvries’,in Portuguese: ‘ultracongelado’,
in Finnish: ‘pakastettu’,
in Swedish: ‘djupfryst’,
in Czech: ‘hluboce zmrazené nebo hluboce zmrazená nebo hluboce
zmrazený’,
in Estonian: ‘sügavkülmutatud or külmutatud’,in Latvian: ‘ ātri sasald ēts’,
in Lithuanian: ‘greitai užšaldyti’,in Hungarian: ‘gyorsfagyasztott’,in Maltese: ‘iffri żat’,
in Polish: ‘produkt gł ęboko mro żony’,
in Slovenian: ‘hitro zamrznjen’,1989L0108 — EN — 01.05.2004 — 003.001 — 5
▼A1
▼A2
▼A2
in Slovak: ‘hlbokozmrazené’;
(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, hospi-tals, canteens and other similar mass caterers shall contain only the
following mandatory particulars:
(a) the sales name supplemented in accordance with Article 8 (1) (a) of
this Directive;
(b) the net quantity expressed in units of mass;
(c) a reference enabling the batch to be 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 comply
with 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 inthe means of transport and warehousing and storage shall be deter-mined in accordance with the procedure laid down in Article 12,
before the end of a 24-month period following notification of this
Directive.
Article 12
1. The Commission shall be assisted by the Standing Committee on
the Food Chain and Animal Health, set up by Article 58 of Regulation(EC) No 178/2002 (
1), hereinafter referred to as ‘the Committee’.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (2) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down provided for in Article 5(6) of Decision 1999/
468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.1989L0108 — EN — 01.05.2004 — 003.001 — 6
(1) OJ L 31, 1.2.2002, p. 1.
(2) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼B
▼M1
▼B
Article 13
1. The Member States shall take the measures necessary to comply
with this Directive. They shall forthwith inform the Commission
thereof. 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.
2. As regards retail display cabinets, for a period of eight years
following 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 to the Member States.1989L0108 — EN — 01.05.2004 — 003.001 — 7
(1) This Directive was notified to the Member States on 10 January 1989.