98/133/EC: Commission Recommendation of 2 February 1998 concerning a coordinated programme for the official control of foodstuffs for 1998
Date: 1998-02-02
Institutions: European Commission
Subjects: food inspection, import, nut, public health, third country, toxic substance

L 36/10

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EN

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Official Journal of the European Communities

10. 2. 98

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 2 February 1998

concerning a coordinated programme for the official control of foodstuffs for
1998

(98/133/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

inants in food (2), prohibits all selling of foodstuffs with
from the public
excessive amounts of contaminants
health viewpoint and in particular at a toxicological level;

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,

Whereas a simultaneous and equivalent implementation
of import control is necessary;

After consultation with the Standing Committee for
Foodstuffs,

Whereas it is necessary, with a view to the sound opera-
tion of the internal market, to arrange for coordinated
food inspection programmes at Community level;

Whereas such programmes place emphasis on compli-
ance with Community legislation, the protection of public
health, consumer interests and fair trade practices;

simultaneous

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

Whereas experience has shown that imports of nuts from
third countries containing aflatoxins present a health risk;

Whereas ground-nuts and pistachios appeared to be more
susceptible than other nuts for aflatoxin contamination;

Whereas Article 2 of Council Regulation (EEC) No
315/93 laying down Community procedures for contam-

(1) OJ L 186, 30. 6. 1989, p. 23.

Whereas Article 2 of Council Regulation (EEC) No
339/93 on checks for conformity with the rules on
product safety in the case products are imported from
third countries (3), stipulates that when, in the context of
checks which the customs carry out in respect of goods
declared for free circulation, the custom authorities find
products that may cause harm to European consumers,
they shall suspend release of the product or batch of
products concerned and immediately notify the national
authority responsible for monitoring the market;

Whereas it is necessary to know how effective the co-
operation between the customs and enforcement organ-
isations works;

Whereas pursuant
to Article 6 of Council Directive
93/99/EEC on the subject of additional measures con-
cerning the official control of foodstuffs ( 4), an official
liaison body has been designated in each Member State;

(2) OJ L 37, 13. 2. 1993, p. 1.
(3) OJ L 40, 17. 2. 1993, p. 1.
(4) OJ L 290, 24. 11. 1993, p. 14.

10. 2. 98

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Official Journal of the European Communities

L 36/11

Whereas it
is important to inform Member States as
quickly as possible about infringements detected in the
coordinated programme relating to excessive amounts of
aflatoxins,

HEREBY RECOMMENDS:

stuffs among the world and particularly in countries
where climate or poor storage conditions favour the
growth of moulds.

Imported ground-nuts and pistachios may contain afla-
toxins in excessive amounts owing to different proces-
sing and storage conditions. Most Member States have
specific regulations for the aflatoxin content of this
kind of product.

During 1998, Member States should analyse ground-nuts
and pistachio-nuts for aflatoxins. Samples should be taken
at the place of entry or at an importer premises where the
ground-nuts and pistachios are declared to be released for
free circulation in the Community.

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

The aim of this coordinated programme is to experience a
new systematic enforcement procedure on the import
control for products imported from third countries and to
survey the enforcement actions taken by Member States
when contaminated products are imported.

1. Aflatoxins in ground-nuts and pistachios

Aflatoxins are a group of toxic compounds produced
predominantly by two species of mould, Aspergillus
flavus and Aspergillus parasiticus, although they are
also produced by the rare species A. nominus. The
aflatoxins are a group of structurally related difurano-
coumarin derivatives of which about 20 types have
been identified. Aflatoxins B 1, B2, G1, G2 and M1 are
the most common. In ground-nuts and other nuts,
aflatoxin B1 is usually the principal aflatoxin present.
Aflatoxins have been found in a wide variety of food-

3. Member States should provide information of infringe-
ments immediately to the liaison body and to the
Commission according to the format in the Annex I to
inform the official control authorities in other Member
States.

4. Member States should provide the information as
requested following the format of the record sheet
provided in the Annex II to help enhance the com-
parability of results.

Done at Brussels, 2 February 1998.

For the Commission
Martin BANGEMANN

Member of the Commission

L 36/12

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Official Journal of the European Communities

10. 2. 98

ANNEX I

COORDINATED PROGRAMME 1998

AFLATOXINS IN NUTS (GROUND-NUTS AND PISTACHIOS)

IMMEDIATE NOTIFICATION THROUGH THE LIAISON BODIES
(Article 6 of Directive 93/99/EEC) AND TO THE COMMISSION (Telefax: (32-2) 296 47 36)

Date of notification:

Member State:

Country of origin:

Person to contact:

Identification of:

— lots/consignments

— container

— type of transport

Description of the product:

— CN (Combined Nomenclature)

— weight

Results of analyses:

Measures taken:

Complementary information:

ANNEX II

TABLE: AFLATOXINS IN GROUND-NUTS/PISTACHIOS (1)

Member State:

.................................................

Number of lots/consignments imported:

.................................................

Year:

.................................................

Number of consignments sampled:

.................................................

Total import:

................................................. t

Number of samples analysed:

.................................................

SAMPLES

Identification
of sample

Random

Target

Detected
under
the limit (2)

Limit
exceeded (2)

None
(2)

Warning
(2)

ACTION TAKEN

Sales
prohibited
(2)

Penalty or
court action
(2)

Improved
in-house
control
required
(2)

Rejected (2)

Destruction (2)

Others (2)

Communicated
to liaison
body (2)

Country of
origin

Total

NB: Please copy table as necessary.

Legal basis for rejection, limit or guide value:

............................................................................................................................... .........................................................

Method of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determinati on) (if different from the proposed method): ..................

Other details, indications, difficulties encountered:

..........................................................

(1) Delete as appropriate
(2) Answer yes (Y) or no (N)

1
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