Commission Directive 98/28/EC of 29 April 1998 granting a derogation from certain provisions of Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport by sea of bulk raw sugar (Text with EEA relevance)
Date: 1998-04-29
Institutions: European Commission
Subjects: European standard, derogation from EU law, food hygiene, maritime transport, product safety, raw sugar

L 140/10

EN

Official Journal of the European Communities

12. 5. 98

COMMISSION DIRECTIVE 98/28/EC

of 29 April 1998

granting a derogation from certain provisions of Directive 93/43/EEC on the
hygiene of foodstuffs as regards the transport by sea of bulk raw sugar

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas the Scientific Committee for Foods has been
consulted;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 93/43/EEC of 14
June 1993 on the hygiene of foodstuffs (1), and in partic-
ular Article 3(3) thereof,

Whereas information shows that the application of the
second subparagraph of paragraph 2 of Chapter IV of the
Annex to Directive 93/43/EEC relating to the transport of
bulk foodstuffs in liquid, granulate or powdered from in
receptacles and/or containers/tankers reserved for
the
transport of foodstuffs, is not practical and imposes an
unduly onerous burden on food businesses when applied
to the transport of raw sugar by sea, which is not intended
for use as food nor as a food ingredient without a full and
effective refining process;

it

is necessary to ensure that

the
Whereas, however,
granting of a derogation provides an equivalent level of
protection of public health, by attaching conditions to the
terms of such derogation;

Whereas the availability of receptacles and/or containers/
tankers reserved for the transport of foodstuffs by sea is
insufficient to serve the continuing trade in raw sugar,
which is not intended for use as food nor as a food
ingredient without a full and effective refining process;

Whereas experience acquired during the past years has
shown that refined sugar is not contaminated where the
bulk transport of raw sugar by sea is undertaken in recep-
tacles and/or containers/tankers which are not reserved
for the transport of foodstuffs; whereas on the other hand
it
and/or
containers/tankers that have been used previously for
transportation have been cleaned effectively and that the
cleaning procedure is considered as critical to the overall
safety and wholesomeness of the refined sugar;

established

receptacles

should

that

be

Whereas the measures provided for in this Directive are
the Standing
in compliance with the opinion of
Committee for Foodstuffs,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive derogates from the provisions of Chapter
IV, the second subparagraph of paragraph 2, of the Annex
to Directive 93/43/EEC and lays down equivalent condi-
tions to ensure the protection of public health and the
safety and wholesomeness of the foodstuffs concerned.

Article 2

1.
The bulk transport of raw sugar by sea which is not
intended for use as food nor as a food ingredient without
a full and effective refining process is permitted in recep-
tacles and/or containers/tankers that are not exclusively
used for the transport of foodstuffs.

The receptacles and/or containers/tankers referred to
2.
in paragraph 1, shall be subject to the following condi-
tions:

(cid:190) prior to loading the raw sugar, the receptacle and/or
cleaned to
container/tanker
remove residues of
the previous cargo and other
soiling and inspected to establish that such residues
have been removed effectively,

effectively

shall be

(cid:190) the immediate previous cargo prior to the raw sugar

shall not have been a bulk liquid.

Whereas it is incumbent on Member States by virtue of
Article 8 of Directive 93/43/EEC to carry out controls to
ensure the application of this Directive;

Whereas this specific derogation, shall be without preju-
dice to the general provisions of Directive 93/43/EEC;

(1) OJ L 175, 19. 7. 1993, p. 1.

Article 3

1.
The food business operator responsible for the trans-
port of the raw sugar by sea shall keep documentary
evidence, accurately describing in detail the immediate
previous cargo carried in the receptacle and/or container/
tanker concerned, and the type and effectiveness of the
cleaning process applied prior to the transport of the raw
sugar.

12. 5. 98

EN

Official Journal of the European Communities

L 140/11

The documentary evidence shall accompany the
2.
consignment during all stages of transport to the refinery
and a copy shall be retained by the refinery. The docu-
mentary evidence shall be marked in a clearly visible and
indelible fashion, in one or more Community languages,
‘This product must be refined before being used for
human consumption'.

3. On request, the food business operator responsible
for the transport of the raw sugar and/or the refining
process shall provide the competent official food control
authorities with the documentary evidence referred to in
paragraphs 1 and 2.

Article 4

1. Raw sugar which has been transported by sea in
receptacles and/or containers/tankers which are not
exclusively reserved for the transport of foodstuffs shall be
subjected to a full and effective refining process before
being considered suitable for use as food or as a food
ingredient.

2.
the
The food business operators responsible for
transport and refining process shall consider the cleaning
process undertaken prior to loading of the raw sugar to be
critical to the safety and wholesomeness of the refined
sugar within the meaning of Article 3(2) of Directive
93/43/EEC taking into account the nature of the previous
cargo carried in the receptacle and/or container/tanker.

Article 5

1. Member States shall bring into force the laws, regula-
tions or administrative provisions necessary to comply
with this Directive on 1 August 1998. They shall imme-
diately inform the Commission thereof.

2. When Member States adopt these provisions, they
shall contain a reference to this Directive or shall be
accompanied by such reference at the time of official
publication. The procedure for such reference shall be
adopted by the Member States.

Article 6

This Directive shall enter into force on the day following
its publication in the Official Journal of the European
Communities.

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 29 April 1998.

For the Commission

Martin BANGEMANN

Member of the Commission