Recommendation of the EFTA Surveillance Authorithy

No 68/00/COL

of 24 March 2000

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

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the EEA Agreement, and in particular Article 109 and Protocol 1 thereto,

Having regard to the Surveillance and Court Agreement, and in particular Article 5(2)(b) and Protocol 1 thereto,

Having regard to the Act referred to in point 50 of Chapter XII of Annex II to the EEA Agreement on the official control of foodstuffs (Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs)(1), and in particular Article 14(3) thereof,

After consulting the EFTA Foodstuffs Committee assisting the EFTA Surveillance Authority,

Whereas it is necessary with a view to the sound operation of the European Economic Area, to arrange for coordinated food inspection programmes within the EEA;

Whereas such programmes emphasise compliance with the foodstuffs legislation in force under the EEA Agreement, the protection of public health, consumer interests and fair trade practices;

Whereas Article 3 of the Act referred to in point 54n of Chapter XII of Annex II to the EEA Agreement (Council Directive 93/99/EC 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 to comply with the criteria in the European standard EN45000 series; whereas only such laboratories may be considered suitable to carry out analyses within the coordinated programme of official controls;

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

Whereas Liechtenstein shall comply with the provisions of the acts referred to in Chapter XII of Annex II to the EEA Agreement by 1 January 2000, whereas therefore Liechtenstein is included in this recommendation for 2000;

Whereas the European Commission, in its recommendation of 22 February 2000 concerning a coordinated programme for the official control of foodstuffs for 2000, has recommended the Member Staates of the European Union to apply a corresponding programme,

HAS ADOPTED THIS RECOMMENDATION:

1. It is recommended that during 2000 Iceland, Liechtenstein and Norway should carry out controls and, where indicated, take samples and analyse such samples in laboratories, carry out audits and/or inspections, to monitor compliance with the following EEA Acts and measures:

(a) Article 3(2) of the Act referred to in point 54j Chapter XII of Annex II to the EEA Agreement (Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs)(3) concerning the application of the principles of HACCP in certain types of food businesses,

(b) paragraph 2 of Chapter IV of the Annex to Directive 93/43 concerning bulk transport of foodstuffs,

(c) the Act referred to in point 53 in Chapter XII of Annex II to the EEA Agreement (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, Iceland, Liechtenstein and Norway should ensure that these are sufficient to provide an overview of the subject under consideration in each State. Suggestions will be made for methods of analysis.

3. Iceland, Liechtenstein and Norway should provide information as requested, following the format of the record sheets provided in the Annex, 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.

5. HACCP in certain food businesses

5.1. Scope of the programme

Article 3(2) of Directive 93/43 requires food business operators covered by the Directive to apply certain principles of the hazard analysis and critical control point (HACCP) system to their businesses in addition to the general hygiene requirements contained in the Annex to the Directive. Since the coming into force of the Directive in December 1995 food business operators have been required to have in place systems for analysis and control of food safety hazards, which may be based, where they exist, on voluntary industry guides to good hygiene practice. Article 5 of Directive 93/43 requires Iceland, Liechtenstein and Norway 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 applies to all food busineses covered by the Directive regardless of size or type of business. As the range of businesses which must comply with this 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 responsibility under this provision.

5.2. Method

The competent authorities of Iceland, Liechtenstein and Norway, in the normal course of their duties, shall visit the food business operations covered by Directive 93/43 in the following categories:

(a) mass/industrial categoring establishments,

(b) retail butchers selling directly to consumers.

The results of the control shall be recorded on the report forms in the Annex.

6. Transport of bulk foodstuffs

6.1. Scope of the programme

Chapter IV of the Annex to Directive 93/43 specifically requires bulk foodstuffs in liquid, granulate or powdered form to be 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 and become a part of the EEA Agreement, 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 comply with the requirements relating to transport.

6.2. Method

The results of the following controls should be recorded on the report forms 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 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 examining transport documents and by direct observation.

7. Nutrition labelling

7.1. Scope of the programme

Directive 90/496 lays down specific labelling requirements for nutrients present in a food when labelling or presentation of the food comprises a nutritional claim. Foodstuffs for special nutritional uses within the scope of the Act referred to in point 51 in Chapter XII of Annex II to the EEA Agreement (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 vegetable juices, and fruit-flavoured milk drinks and yoghurts, which claim certain nutritional qualities on their labels, should be sampled to examine whether the nutritional claim is authorised and whether the wording conforms with the provisions of Directive 90/496. Furthermore, 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 report forms in the Annex.

Done at Brussels, 24 March 2000.

For the EFTA Surveillance Authority

Hannes Hafstein

College Member

(1) Hereinafter referred to as "Directive 89/397".

(2) Hereinafter referred to as "Directive 93/99".

(3) Hereinafter referred to as "Directive 93/43".

(4) Hereinafter referred to as "Directive 90/496".

(5) Hereinafter referred to as "Directive 89/398".

ANNEX

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