WRITTEN QUESTION E-1049/96 by Alexandros Alavanos (GUE/NGL) to the Commission (13 May 1996)

Subject: Packaging and marketing conditions of deep-frozen fish products

Given that deep-frozen fish products are marketed in Greece without any indications regarding their quality characteristics, governing exact stable weight, etc., will the Commission say whether regulations exist governing the methods of deep-freezing, the packaging of a stable weight, etc., and, if so, whether they are being satisfactorily implemented in the Member States?

Answer given by Mr Bangemann on behalf of the Commission (25 June 1996)

Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption ((OJ L 40, 11.2.1989. )) lays down the general principles to be met by foodstuffs which have undergone a suitable freezing process known as 'quick-freezing'.

The Directive stipulates in particular that the raw materials used in the manufacture of quick-frozen foodstuffs must be of sound, genuine and merchantable quality and be of the required degree of freshness. The Commission has adopted two directives to implement Directive 89/108/EEC, one on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption, ((OJ L 34, 11.2.1992. )) and the other on the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption.²

The labelling of quick-frozen foodstuffs intended for the ultimate consumer, restaurants, hospitals, canteens and other similar collective establishments is subject to the general provisions of 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. ((OJ L 33, 8.2.1979. )) The labelling of any quick-frozen product must therefore include the name under which the product is sold, the list of ingredients, the net quantity, the date of minimum durability, any special storage conditions or conditions of use and the name or business name and address of the manufacturer, packager or seller. Article 8 of the Directive lays down the rules for the expression of the net quantity.

Furthermore, Article 8 of Directive 89/108/EEC lays down specific labelling provisions for quick-frozen foodstuffs. First, 'quick-frozen' must be added to the name under which the product is sold. Second, the date of minimum durability must be accompanied by an indication of the period during which the quick-frozen products may be stored by the user and the storage temperature and equipment required. Third, the labelling of any quick-frozen foodstuff must include data from which the batch can be identified. Lastly, the labelling of quick-frozen foodstuffs must contain a clear statement such as 'Do not re-freeze after thawing'.

In order to facilitate trade, the Directive also lays down labelling rules for quick-frozen foodstuffs not intended to be supplied in their present state to the ultimate consumer or to restaurants, hospitals, canteens or other similar collective establishments. The labelling of these products must include the following information: the name under which the product is sold together with the words 'quick-frozen', the net quantity expressed in mass units, details enabling the batch to be identified and the name or business name and address of the manufacturer, packager or seller established in the Community.

It is for the national authorities to monitor the conformity of the application of Community legislation. To the Commission's best knowledge, these Directives are being satisfactorily applied in the Member States.