COMMISSION RECOMMENDATION of 2 February 1998 concerning a coordinated programme for the official control of foodstuffs for 1998 (98/133/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (1), and in particular Article 14(3) thereof,

After consultation with the Standing Committee for Foodstuffs,

Whereas it is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level;

Whereas such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices;

Whereas simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities;

Whereas experience has shown that imports of nuts from third countries containing aflatoxins present a health risk;

Whereas ground-nuts and pistachios appeared to be more susceptible than other nuts for aflatoxin contamination;

Whereas Article 2 of Council Regulation (EEC) No 315/93 laying down Community procedures for contaminants in food (2), prohibits all selling of foodstuffs with excessive amounts of contaminants from the public health viewpoint and in particular at a toxicological level;

Whereas a simultaneous and equivalent implementation of import control is necessary;

Whereas Article 2 of Council Regulation (EEC) No 339/93 on checks for conformity with the rules on product safety in the case products are imported from third countries (3), stipulates that when, in the context of checks which the customs carry out in respect of goods declared for free circulation, the custom authorities find products that may cause harm to European consumers, they shall suspend release of the product or batch of products concerned and immediately notify the national authority responsible for monitoring the market;

Whereas it is necessary to know how effective the cooperation between the customs and enforcement organisations works;

Whereas pursuant to Article 6 of Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs (4), an official liaison body has been designated in each Member State;

Whereas it is important to inform Member States as quickly as possible about infringements detected in the coordinated programme relating to excessive amounts of aflatoxins,

HEREBY RECOMMENDS:

During 1998, Member States should analyse ground-nuts and pistachio-nuts for aflatoxins. Samples should be taken at the place of entry or at an importer premises where the ground-nuts and pistachios are declared to be released for free circulation in the Community.

The aim of this coordinated programme is to experience a new systematic enforcement procedure on the import control for products imported from third countries and to survey the enforcement actions taken by Member States when contaminated products are imported.

1. Aflatoxins in ground-nuts and pistachios

Aflatoxins are a group of toxic compounds produced predominantly by two species of mould, Aspergillus flavus and Aspergillus parasiticus, although they are also produced by the rare species A. nominus. The aflatoxins are a group of structurally related difuranocoumarin derivatives of which about 20 types have been identified. Aflatoxins B1, B2, G1, G2 and M1 are the most common. In ground-nuts and other nuts, aflatoxin B1 is usually the principal aflatoxin present. Aflatoxins have been found in a wide variety of foodstuffs among the world and particularly in countries where climate or poor storage conditions favour the growth of moulds.

Imported ground-nuts and pistachios may contain aflatoxins in excessive amounts owing to different processing and storage conditions. Most Member States have specific regulations for the aflatoxin content of this kind of product.

2. Although sampling rates have not been set, Member States should ensure that the number of samples taken is sufficient to provide an overview of the subject under consideration in each Member State. Suggestions will be made for the methods of sampling and analysis.

3. Member States should provide information of infringements immediately to the liaison body and to the Commission according to the format in the Annex I to inform the official control authorities in other Member States.

4. Member States should provide the information as requested following the format of the record sheet provided in the Annex II to help enhance the comparability of results.

Done at Brussels, 2 February 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 186, 30. 6. 1989, p. 23.

(2) OJ L 37, 13. 2. 1993, p. 1.

(3) OJ L 40, 17. 2. 1993, p. 1.

(4) OJ L 290, 24. 11. 1993, p. 14.

ANNEX I

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COORDINATED PROGRAMME 1998

AFLATOXINS IN NUTS (GROUND-NUTS AND PISTACHIOS)

IMMEDIATE NOTIFICATION THROUGH THE LIAISON BODIES

(Article 6 of Directive 93/99/EEC) AND TO THE COMMISSION (Telefax: (32-2) 296 47 36)

Date of notification:

Member State:

Country of origin:

Person to contact:

Identification of:

- lots/consignments

- container

- type of transport

Description of the product:

- CN (Combined Nomenclature)

- weight

Results of analyses:

Measures taken:

Complementary information:

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ANNEX II

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TABLE: AFLATOXINS IN GROUND-NUTS/PISTACHIOS (1)

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