No C 20/6 Official Journal of the European Communities 27.1 87 
Proposal for a Council Directive on the official inspection of foodstuffs 
COM(86) 747final 
(Submitted by the Commission to the Council on 30 December 1986) 
(87/C 20/04) 
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 trade in foodstuffs is one of the most important 
aspects of the common market; 
Whereas all the Member States wish to protect the 
health and the economic interests of their consumers by 
suitable inspections of foodstuffs; 
Whereas, however, the differences between the national 
legislations with respect to this type of inspection are 
such as to represent barriers to the free movement of 
goods; 
Whereas it is therefore necessary to approximate these 
legislations; 
Whereas, first of all, the general principles governing the 
carrying out of such inspections must be harmonized; 
Whereas specific provisions in addition to the general 
principles may, if necessary, be adopted subsequently; 
Whereas, at the same time as foodstuffs, materials and 
articles intended to come into contact with such 
foodstuffs must be inspected; 
Whereas foodstuffs intended to cross intra-Community 
frontiers must be inspected in the same manner as those 
intended for marketing in the Member State of 
production; 
Whereas, to be effective, inspections must be carried out 
regularly; whereas they must not be limited as to the 
subject, stage or moment at which it is convenient to 
carry them out, and whereas they must take the most 
suitable forms to guarantee their effectiveness; 
Whereas the inspectors must be granted adequate 
powers; Whereas although, on the one hand, undertakings 
should not have the right to oppose the inspections, on 
the other hand, their legitimate rights must be preserved, 
in particular the right to manufacturing secrecy and the 
right of appeal; 
Whereas the authorities made responsible for the 
inspection of foodstuffs may differ from one Member 
State to another; whereas it is, therefore, necessary to 
publish a list of the competent authorities in the field in 
each Member State, with an indication of the territories 
for which they are competent, and approved laboratories 
for the analyses to be carried out in connection with 
such inspections; 
Whereas official inspections should be preventive rather 
than punitive in nature; whereas forward inspection 
programmes should therefore be drawn up at national 
level; whereas the Commission should be kept informed 
of the content of these programmes and their results; 
Whereas the Member States should be allowed a certain 
degree of freedom as to the practical means of carrying 
out inspections so as not to interfere with systems of 
proven worth which are best suited to the particular 
situation in each Member State, 
HAS ADOPTED THIS DIRECTIVE : 
Article 1 
1. This Directive lays down the general principles for 
the performance of official inspections of foodstuffs. 
2. For the purposes of this Directive 'official 
inspection of foodstuffs' — hereinafter called 'inspection' 
— means an inspection by the competent authorities of 
the conformity 
— of foodstuffs, 
— of materials and articles intended to come into 
contact with foodstuffs, 
with the provisions aimed at preventing risks to public 
health or fraud in the matter of labelling and pres­
entation. 
3. This Directive shall apply without prejudice to the 
provisions adopted in the context of more specific 
Community rules. 
4. This Directive shall not apply to metrological 
inspections. 
27.1. 87 Official Journal of the European Communities No C 20/7 
Article 2 
1. Member States shall take all necessary measures to 
ensure that inspections are carried out in conformity 
with this Directive. 
2. Member States shall ensure that products intended 
for consignment to another Member State are inspected 
in the same way as those intended for marketing on their 
own territory. 
Article 3 
1. Inspections shall be carried out: 
(a) regularly; 
(b) where non-conformity is suspected. 
2. Inspection shall cover all stages of production, 
manufacture, import into the Community, processing, 
storage, transport, distribution and trade. 
The competent authority shall, in each case, select the 
stage which it considers the most appropriate for its 
examination from those listed in the first subparagraph. 
It shall take all necessary measures to ensure that 
inspections are performed as quickly as possible. 
Article 4 
Inspection shall comprise one or more of the following 
operations in accordance with the conditions laid down 
in Articles 5 to 8 in the light of the examination to be 
carried out: 
(1) inspection; 
(2) sampling and analysis; 
(3) examination of the staff; 
(4) examination of written and documentary material; 
(5) examination of any verification systems set up by the 
undertaking. 
Article 5 
1. The following shall be subject to inspection: 
(a) the state and use which is made at the different 
stages enumerated in Article 3 (2) of the site, 
premises, offices, plant, means of transport, 
machinery and equipment; 
(b) raw materials, ingredients, additives and 
technological aids used for the manufacture of 
foodstuffs; 
(c) semi-finished products; 
(d) finished products; 
(e) cleaning and maintenance products; 
(f) processes used for the manufacture or processing of 
foodstuffs; 
(g) labelling and presentation of foodstuffs. 
2. The operations enumerated in paragraph 1 may, 
where necessary, be supplemented by: — interviews of the head of the undertaking and his 
staff, 
— the reading of values recorded by measuring in­
struments installed by the undertaking. 
Article 6 
1. Samples of the products enumerated in Article 5 (1) 
(b) to (e) may be taken for the purposes of analysis. 
2. The analyses shall be carried out by official labora­
tories or laboratories approved by the competent 
authority. 
Article 7 
Persons who, in the exercise of their activity, come into 
contact, whether directly or indirectly, with the materials 
and articles referred to in Article 5 (1) (b) to (e) shall be 
subject to examination. 
The purpose of the examination shall be to check that 
the health standards concerning personal cleanliness and 
clothing are respected. It shall be carried out without 
prejudice to medical examinations. 
Article 8 
1. The agents responsible for the inspection may take 
note of written and documentary material held by the 
physical and legal persons at the various stages enum­
erated in Article 3 (2). Written and documentary 
material dealing with manufacturing processes shall not, 
however, be subject to this examination. 
2. The agents responsible for the inspection may also 
make copies or take extracts of written and documentary 
material submitted to them for examination. 
Article 9 
1. Member States shall ensure that the responsible for 
the inspection have the right to carry out the operations 
provided for in Articles 5 to 8. 
2. Member States shall prescribe that the physical and 
legal persons concerned shall be obliged to undergo any 
inspection carried out in conformity with this Directive 
and to assist the agents responsible for the inspection in 
the accomplishment of their tasks. 
Article 10 
1. Member States shall take the measures to ensure 
that physical and legal persons concerned by the 
inspection have a right of appeal with a view to the canc­
ellation or modification of measures taken by the 
competent authority subsequent to the inspection. 
No C 20/8 Official Journal of the European Communities 27.1.87 
2. Member States shall prescribe that the agents 
responsible for the inspection shall be bound by pro­
fessional secrecy. 
Article 11 
1. Competent authorities in the Member States shall 
draw up each year a forward programme for sampling, 
laying down the minimum number of samples to be 
taken for each category of foodstuffs. This number shall 
be determined in the light of the importance of these 
categories. 
Member States shall communicate this programme to the 
Commission. 
2. Each year, before 1 May, Member States shall send 
the Commission details of how the plan provided for in 
paragraph 1 is being applied, the number of inspections 
carried out and the number of infringements found. 
Article 12 
Each Member State shall communicate to the 
Commission: —*- a list of the competent authorities and the extent of 
their territorial responsibility, 
— a list of the official laboratories or laboratories 
approved by the competent authorities, which are 
responsible for carrying out analyses in connection 
with the inspections, 
These lists shall be published in the C series of the 
Official Journal of the European Communities. 
Article 13 
Member States shall bring into force by [twelve months 
after notification of this Directive] at the latest the laws, 
regulations and administrative provisions necessary to 
conform to this Directive [not later than twenty-four 
months after its notification]. 
They shall forthwith inform the Commission thereof. 
Article 14 
This Directive is addressed to the Member States.