COMMISSION RECOMMENDATION

of 22 February 2000

on a coordinated programme for the official control of foodstuffs for 2000

(notified under document number C(2000) 356)

(Text with EEA relevance)

(2000/207/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 of the Standing Committee for Foodstuffs,

Whereas:

(1) It is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level.

(2) Such programmes place emphasis on compliance with Community legislation, the protection of public health, consumer interests and fair trade practices.

(3) Article 3 of Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs(2) requires the laboratories referred to in Article 7 of Directive 89/397/EEC to comply with the criteria in European Standard EN45000 series. Only such laboratories may be considered as laboratories suitable to carry out analyses within the coordinated programme of official controls.

(4) The results from simultaneous implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities,

HEREBY RECOMMENDS:

1. During 2000 Member States should carry out controls including, where indicated, taking samples and analysing such samples in laboratories and carrying out audits and/or inspections, to monitor compliance with the following Community measures:

(a) Article 3(2) of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs(3) concerning the application of the principles of the Hazard Analysis and Critical Control Point (HACCP) system in certain types of food businesses;

(b) Paragraph 2 of Chapter IV of the Annex to Directive 93/43/EEC concerning the bulk transport of foodstuffs;

(c) Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs(4) concerning nutritional claims on fruit-flavoured milk drinks, yoghurts and soft drinks.

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

3. Member States should provide information as requested following the format of the record sheets provided in the Annex to this recommendation to help enhance the comparability of results.

4. Foodstuffs submitted for analysis under this programme should be submitted to laboratories complying with the provisions of Article 3 of Directive 93/99/EEC.

5. HACCP in certain food businesses

5.1. Scope of the programme

Article 3(2) of Directive 93/43/EEC requires food business operations covered by the Directive to apply certain principles of HACCP to their businesses in addition to the general hygiene requirements contained in the Annex to that Directive. Since December 1995, food business operators habe been required to have in place systems for the analysis and control of food safety hazards which may be based on voluntary industry guides to good hygiene practice, where such guides exist. Article 5 of Directive 93/43/EEC requires Member States to encourage the development of sectoral voluntary Guides to Good Hygiene Practice which elaborate, for the sector concerned, the general hygiene principles of the Annex to the Directive and the requirements relating to the application of the principles of HACCP in Article 3(2).

Article 3(2) of Directive 93/43/EEC applies to all food businesses covered by the Directive regardless of size or type of business. As the range of businesses which must comply with the provision is broad, for the sake of comparability of results only, certain types and sizes of food businesses have been selected. This selection does not in any way indicate that other businesses have more or less responsability under that provision.

5.2. Method

The competent authorities of the Member States in the normal course of their duties should visit the food business operations covered by Directive 93/43/EEC in the following categories:

(a) mass/industrial catering establishments,

(b) retail butchers selling directly to the consumer.

The results of the control should be recorded on the record sheets in the Annex.

6. Transport of bulk foodstuffs

6.1. Scope of the programme

Chapter IV of the Annex to Directive 93/43/EEC specifically requires bulk foodstuffs in liquid, granulate or powdered form to the transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs. For two classes of foodstuffs derogations to this provision have been adopted by the Commission, namely in relation to the transport by sea of edible oils and fats, and raw sugar. This element of the coordinated programme is designed to check whether foodstuffs which are not covered by the derogations made under Article 4 of Directive 93/43/EEC comply with the requirements relating to transport.

6.2. Method

The results of the following controls should be recorded on the record sheets in the Annex:

- on the premises of manufacturers of bulk foodstuffs of non-animal origin (oil, flour, starch, etc.), controls should be carried out to check the condition, repair and cleanliness of the receptacles in line with the general provisions of Chapter IV of the Annex to Directive 93/43/EEC and a record kept. Controls should be carried out to establish whether the manufacturer has satisfactory procedures in place to ensure that the receptacles or vessels used for the transport of the foodstuffs are reserved for foodstuffs only;

- controls should be undertaken on the premises of carriers, in order to check the types of goods carried by the examination of transport documents and by direct observation.

7. Nutrition labelling

7.1. Scope of the programme

Directive 90/496/EEC lays down specific labelling requirements for nutrients present in a food when the labelling or presentation of the food comprises a nutrition claim. Foodstuffs for special nutritional uses within the scope of Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses(5) are excluded.

7.2. Method

Foods in two categories, fruit and vegetables juices, and fruit-flavoured milk drinks and yoghurts, which are labelled claiming certain nutritional qualities should be sampled to examine whether the nutritional claim is authorised and the wording is in conformity with the provisions of Directive 90/496/EEC. In addition, the sample should be analysed in order to establish whether the values in the nutritional claim are accurate or within accepted tolerances. The results should be recorded on the record sheets in the Annex.

Done at Brussels, 22 February 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 186, 30.6.1989, p. 23.

(2) OJ L 290, 24.11.1993, p. 14.

(3) OJ L 175, 19.7.1993, p. 1.

(4) OJ L 276, 6.10.1990, p. 40.

(5) OJ L 186, 30.6.1989, p. 27.

ANNEX

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