No C 267/6 Official Journal of the European Communities 6.10.84 
Proposal for a Council Directive on the approximation of the laws of the Member States 
relating to quick-frozen foodstuffs for human consumption 
COM(84) 489 final 
(Submitted by the Commission to the Council on 24 September 1984) 
(84/C 267/07) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the manufacture of, and trade in, quick-
frozen foodstuffs intended for human consumption 
('quick-frozen foodstuffs') are assuming ever more 
importance in the Community; 
Whereas the disparities between the laws of the 
Member States relating to quick-frozen foodstuffs 
hamper the free movement thereof; whereas they 
create unequal conditions of competition; whereas 
they therefore have a direct effect on the 
establishment and functioning of the common 
market; 
Whereas it is therefore necessary to approximate 
these laws; 
Whereas it is in any case appropriate to lay down the 
general principles which any quick-frozen foodstuffs 
must satisfy; 
Whereas special provisions over and above the 
general principles may, where necessary, be adopted 
for certain categories of quick-frozen foodstuffs, in 
accordance with the procedure applicable to each of 
these categories; 
Whereas quick-freezing is intended to preserve the 
intrinsic characteristics of foodstuffs by a quick-
freezing process; whereas it is necessary to attain a 
temperature not exceeding —18 °C at the centre of 
the product; 
Whereas at —18 ° C all microbiological or enzymatic 
activity likely to impair the quality of a foodstuff is 
suspended; whereas it is therefore necessary to 
maintain a temperature not exceeding this value, 
subject to a certain technically inevitable tolerance, during the storage and distribution of quick-frozen 
foodstuffs before their sale to the ultimate consumer; 
Whereas upward fluctuations are necessary on 
technical grounds and may therefore be tolerated 
provided they are in accordance with good 
commercial practice and do not jeopardize the quality 
of the products; 
Whereas, if there has been a break in the could chain, 
the product in question should be examined in order 
to avoid unjustified losses whilst at the same time 
assuring the protection of consumers; 
Whereas certain items of technical equipment at 
present used in retailing of quick-frozen foods do not 
perform sufficiently well in order to ensure that the 
temperature limits imposed by the present Directive 
are respected entirely in all cases; whereas it is 
therefore necessary to provide for a transititional 
arrangement 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 
the temperatures to be adhered to in the installtions 
and appliances for storage, handling and distribution; 
Whereas it is incumbent on the Member States to 
ensure by means of official checks that the equipment 
used is suitable for the purpose intended; 
Whereas such checking renders superfluous any 
system of official certification for trade purposes; 
Whereas it is desirable to provide for the possibility of 
using cryogenic fluids in direct contact with quick-
frozen foodstuffs; whereas these fluids must be 
sufficiently inert not to impart to the foodstuffs any 
constituents in quantities liable to constitute a hazard 
to human health, nor to give rise to an unacceptable 
change in the composition of foodstuffs, nor 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 conditions for 
their use; 
6.10.84 Official Journal of the European Communities No C 267/7 
Whereas quick-frozen foodstuffs intended for the 
ultimate consumer are 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 
approximation of the laws of the Member States 
relating to the labelling, presentation and advertising 
of foodstuffs for sale to the ultimate consumer ('); 
whereas the present Directive need therefore merely 
lay down the particulars which are specific to the case 
of quick-frozen foodstufs; 
Whereas, to facilitate trade, rules for the labelling of 
quick-frozen foodstuffs not intended for supply in the 
frozen state to the ultimate consumer should also be 
adopted; 
Whereas, in order to simplify and speed up the 
procedure, the Commission should be assigned the 
task of adopting implementing measures of a 
technical nature; 
Whereas, in all cases in which the Council empowers 
the Commission to implement the rules laid down for 
foodstuffs, a procedure establishing close cooperation 
between the Member States and the Commission 
within the Standing Committee on Foodstuffs set up 
by Council Decision 69/414/EEC (2) 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 put up for sale which 
have undergone a suitable freezing process known as 
'quick-freezing' whereby the temperature zone of 
maximum crystallization is spanned as rapidly as 
necessary, depending on the type of product, with the 
result that the temperature at the centre of the 
product is —81 ° C or lower. 
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 provisions relating to: 
(a) the common organization of markets in the agri­
cultural or fisheries sectors; 
(b) veterinary hygiene. 
(») OJNoL33, 8.2. 1979, p. 1. 
(2) OJ No L 291, 19. 11. 1969, p. 9. Article 2 
The designation 'quick-frozen foodstuffs' and the 
adjective 'quick-frozen' shall be applied only to the 
products defined in Article 1 (2). 
Article 3 
1. Raw materials used in the manufacture of 
quick-frozen foodstuffs must be of sound merchan­
table quality. 
2. The quick-freezing operation must be carried 
out with the aid of appropriate equipment. 
It shall take place immediately after preparation of 
the product to be processed. 
Article 4 
1. A list of cryogenic fluids authorized, to the 
exclusion of all others, for use in direct contact with 
quick-frozen foodstuffs shall be adopted in 
accordance with Article 100 of the Treaty. 
This list may also specify: 
(a) the purity criteria to be satisfied by these fluids; 
(b) the maximum permissible content of the residues 
of these fluids in quick-frozen foodstuffs. 
2. Any amendments to be made to the provisions 
of paragraph 1 in the light of developments in 
scientific and technical knowledge shall be adopted in 
accordance with the procedure laid down in Article 
12, where appropriate after consultation with the 
Scientific Committee for Food. 
Article 5 
1. During storage and transport and in retail 
display cabinets, the temperature of quick-frozen 
foodstuffs shall, subject to the provisions of 
paragraphs 2 and 3, be maintained at —18 °C or 
lower at the centre of the product. 
2. Upward fluctuations in accordance with good 
storage and distribution practices shall be permitted, 
on condition that they do not exceed: 
(a) 3 °C during storage and transport other than 
local distribution; 
(b) 6 ° C during local distribution and in retail display 
cabinets. 
3. Should the tolerances allowed in paragraph 2 be 
either accidentally or unforeseeably exceeded, the 
product in question shall be examined to determine 
the use to which it may be put. 
No C 267/8 N Official Journal of the European Communities 6.10. 84 
Article 6 
1. Member States shall conduct random official 
checks on: 
(a) the equipment used for quick-freezing; 
(b) the temperatures of the quick-frozen foodstuffs 
during storage and transport and in retail display 
cabinets. 
2. Member States shall not require that, prior to or 
during the marketing of quick-frozen foodstuffs, 
compliance with the conditions set out in paragraph 1 
be attested by means of an official certificate. 
Article 7 
Quick-frozen foodstuffs intended for retail sale shall 
be packed by the manufacturer or packer in sealed 
packages which protect the products from any 
harmful influence and which must be delivered intact 
to the consumer. 
Article 8 
1. The sales name of quick-frozen foodstuffs 
intended for retail sale shall be supplemented by the 
terms 'quick-frozen' or 'quick-frozen foodstuff. 
2. The labelling of these foodstuffs must also state 
the period during which they may be stored in the 
home of the ultimate consumer, together with the 
storage temperature or type of storage equipment 
required. 
Article 9 
1. Subject to the provisions which may be laid 
down by the Community on this question, the 
labelling of quick-frozen foodstuffs not intended for 
retail sale shall contain only the following mandatory 
particulars: 
(a) the sales name defined in Article 5 of Directive 
79/112/EEC and supplemented in accordance 
with Article 8 (1) of this Directive; 
(b) the net quantity, except for products put up in 
bulk; 
(c) the date of manufacture or some means of 
identifying the batch; 
(d) the name or business name and address of the 
manufacturer or packer, or of a vendor 
established on the territory of the Community. 
2. The particulars provided for in paragraph 1 (a) 
and (d) shall appear on the package or on a label 
attached to the package. The particulars provided for in paragraph 1 (b) and 
(c) shall appear either: 
— on the package or on a label attached to the 
package, or 
— on the shipping documents for the product in 
question. 
3. The provisions of this Article shall not affect any 
more detailed or comprehensive Community metro-
logical provisions. 
Article 10 
Member States shall not prohibit or restrict trade in 
any of the products defined in Article 1 for reasons 
related to their composition, manufacturing 
specifications, presentation or labelling. 
Article 11 
The sampling procedures and methods of analysis 
required for the monitoring of the conditions under 
which foodstuffs are quick-frozen and of the tem­
peratures at which they are kept shall be laid down in 
accordance with the procedure provided for in Article 
12. 
Article 12 
1. Where the procedure provided for in this Article 
is invoked, the matter shall be referred to the 
Standing Committee for Foodstuffs, hereinafter 
referred to as 'the Committee', by its chairman, 
acting either on his own initiative or at the request of 
the representative of a Member State. 
2. The Commission representative shall submit to 
the Committee a draft of the measures to be adopted. 
The Committee shall deliver its opinion on the draft 
within a period to be determined by the chairman 
having regard to the urgency of the matter. It shall 
decide by a qualified majority, the votes of Member 
States being weighted as laid down in Article 148 (2) 
of the Treaty. The chairman shall 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, the 
Commission shall forthwith submit to the 
Council a proposal concerning the measures to 
be taken. The Council shall act by a qualified 
majority. 
6.10.84 Official Journal of the European Communities No C 267/9 
(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 has failed to act, 
the proposed measures shall be adopted by the 
Commission. > 
Article 13 
1. The Member States shall take the measures 
necessary to comply with this Directive. They shall 
forthwith inform the Commission thereof. Such 
measures shall be applied in such a way as to: — permit not later than 1 May 1985 trade in 
products which comply with this Directive, 
— prohibit on 1 May 1986 trade in products which 
do not comply with this Directive. 
2. Notwithstanding paragraph 1, Member States 
may defer the entry into force of Article 5 (2) (b) 
until 1 January 1995. 
Article 14 
This Directive is addressed to the Member States.