1999/26/EC: Commission Recommendation of 22 December 1998 concerning a coordinated programme for the official control of foodstuffs for 1999 (notified under number C(1998) 4501)
Date: 1998-12-22
Institutions: European Commission
Subjects: EU programme, food inspection, foodstuff, foodstuffs legislation

L 7/34

EN

Official Journal of the European Communities

13. 1. 1999

COMMISSION

COMMISSION RECOMMENDATION

of 22 December 1998

concerning a coordinated programme for the official control of foodstuffs for
1999

(notified under number C(1998) 4501)

(1999/26/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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,

under consideration in each Member State. Suggestions
will be made for the methods of analysis.

2. Member

States

should

information as
requested following the format of the record sheets
provided in the Annex to help enhance the compar-
ability of results.

provide

After consultation with the Standing Committee for
Foodstuffs,

3. Ochratoxin A in coffee

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,

HEREBY RECOMMENDS:

During 1999 Member States should take samples and/or
carry out
inspections, undertaking laboratory analyses
where indicated, for:

(a) Ochratoxin A in coffee,

(b) Additives in foodstuffs.

1. Although sampling rates have not been set, Member
States should ensure that the number of samples taken
the subject
to provide an overview of
is sufficient

The aim of this element of the programme is to survey
the enforcement actions taken by Member States when
unacceptable amounts of a toxic substance are found
for which no specific maximum limit exists. However
according to Community and national food legislation,
food intended for human consumption must be safe
and, notably, Article 2 of Council Regulation (EEC)
No 315/93 (2), prohibits the selling of foodstuffs with
excessive amounts of contaminants from the public
health viewpoint and in particular at a toxicological
level.

Ochratoxin A is considered to be a potent nephrotoxic
agent, a carcinogen and having genotoxic properties.
No specific maximum limit for ochratoxin A in coffee
has been fixed in the European Community at
Community level nor, for most of the Member States,
at national level.

Available scientific data do not clearly indicate the
effects of different processes like roasting on the
reduction of the ochratoxin contents. Furthermore raw
coffee is sold to a limited extent directly to the
consumer. Therefore all types of coffee (raw; roasted;
ground; instant; etc.) should be controlled for ochra-
toxin A contamination.

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

(2) OJ L 37, 13. 2. 1993, p. 1.

13. 1. 1999

EN

Official Journal of the European Communities

L 7/35

Sampling should be executed following the provisions
laid down for the official control of aflatoxins in
groundnuts and derived products by Commission
Directive 98/53/EC (1).

4. Additives in foodstuffs

Several Directives regulate the use of additives in food-
stuffs (Directive 94/35/EC of the European Parliament
and of the Council (2), amended by Directive 96/83/
EC (3), dealing with the use of sweeteners; Directive
94/36/EC of
the
Council (4), dealing with the use of colours; Directive
95/2/EC of
the
Council (5), as last amended by Directive 96/85/EC (6),
dealing with the use of additives other than colours
and sweeteners).

the European Parliament and of

the European Parliament and of

this element of

The aim of
the programme is to
measure the degree of compliance with the afore-
mentioned Directives in Member States following the
these
recent harmonisation of usage conditions of
substances;
enforce-
ment actions taken by Member States in case of non-
compliance with legislation.

furthermore

survey

the

to

the statistical return forms for the annual inspection
programmes of the Member States.

The inquiry should focus on a limited number of
additives because of practical reasons. As the selection
criterion, Member States should select additives for
which exposure
assessments, undertaken in the
Member States as part of the scientific cooperation,
underscore that there are risks of the acceptable daily
intake being exceeded.

The presented list should be used as a guideline to
select the priority for the present study. Nevertheless
other additives may be of particular relevance for
specific Member States and could be added to the
report.

As the selection criterion for the categories of products
within which these additives are to be sought, the
categories presented in the Annex should be selected
as they are the main contributors for the intake of the
additives under consideration. However other products
are not excluded.

should include inspections

in food
The control
processing establishments (checking the recipes) and
analyses of samples taken from the market or in food
processing establishments.

The results of the inspections and of the analyses
should be recorded accordingly in the sheets provided
in the Annex. These record sheets follow the format of

Done at Brussels, 22 December 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ L 201, 17. 7. 1998, p. 93.
(2) OJ L 237, 10. 9. 1994, p. 3.
(3) OJ L 48, 19. 2. 1997, p. 16.
(4) OJ L 237, 10. 9. 1994, p. 13.
(5) OJ L 61, 18. 3. 1995, p. 1.
(6) OJ L 295, 4. 11. 1998, p. 18.

ANNEX

1. OCHRATOXIN A IN COFFEE

Table 1.1. (cid:190) Type of product: green coffee beans (raw coffee)

Member State:

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

Total number of samples analysed: ......................

Total number of samples rejected: ......................

PRODUCT
IDENTIFICATION

ORIGIN/PLACE
OF SAMPLING (*)

ANALYTICAL RESULTS FOR
OCHRATOXIN A CONTENT

ACTIONS TAKEN (***)
NUMBER

Not de-
tected (**)
Number of
samples

: 3lg/kg
Number of
samples

; or =
3lg/kg
Individual
values
detected

Average
value of
positive
samples
(lg/kg)

Median
value of
positive
samples
(lg/kg)

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

Total:

Legal basis to determine the conformity of the goods and their eventual rejection:

(*)

At point of import: I; Wholesale Trade: W; Retail Trade: R

Method of analysis used (reference:

literature, written standard, etc.; keyword description of

the procedure;

limit of determination) (if different

from the proposed method):

(**) The limit of detection of the method used should be indicated:

(***) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8)

Other details, indications, difficulties encountered:

L
7
/
3
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

1
3

.

1

.

1
9
9
9

Table 1.2. (cid:190) Type of product: roasted coffee (in beans or ground; normal or decaffeinated)

Member State:

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

Total number of samples analysed: ......................

Total number of samples rejected: ......................

PRODUCT
IDENTIFICATION

ORIGIN / PLACE
OF SAMPLING (*)

ANALYTICAL RESULTS FOR
OCHRATOXIN A CONTENT

ACTIONS TAKEN (***)
NUMBER

Not de-
tected (**)
Number of
samples

: 3lg/kg
Number of
samples

; or =
3lg/kg
Individual
values
detected

Average
value of
positive
samples
(lg/kg)

Median
value of
positive
samples
(lg/kg)

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

Total:

Legal basis to determine the conformity of the goods and their eventual rejection:

(*)

At point of import: I; Wholesale Trade: W; Retail Trade: R

Method of analysis used (reference:

literature, written standard, etc.; keyword description of

the procedure;

limit of determination) (if different

from the proposed method):

(**) The limit of detection of the method used should be indicated:

(***) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8)

Other details, indications, difficulties encountered:

1
3

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

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7

Table 1.3. (cid:190) Type of product: instant coffee (normal or decaffeinated)

Member State:

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

Total number of samples analysed: ......................

Total number of samples rejected: ......................

PRODUCT
IDENTIFICATION

ORIGIN / PLACE
OF SAMPLING (*)

ANALYTICAL RESULTS FOR
OCHRATOXIN A CONTENT

ACTIONS TAKEN (***)
NUMBER

Not de-
tected (**)
Number of
samples

: 3lg/kg
Number of
samples

; or =
3lg/kg
Individual
values
detected

Average
value of
positive
samples
(lg/kg)

Median
value of
positive
samples
(lg/kg)

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

Total:

Legal basis to determine the conformity of the goods and their eventual rejection:

(*)

At point of import: I; Wholesale Trade: W; Retail Trade: R

Method of analysis used (reference:

literature, written standard, etc.; keyword description of

the procedure;

limit of determination) (if different

from the proposed method):

(**) The limit of detection of the method used should be indicated:

(***) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8)

Other details, indications, difficulties encountered:

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8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

1
3

.

1

.

1
9
9
9

2. ADDITIVES IN FOODSTUFFS

Table 2.1. (cid:190) Inspections in establishments for the use of additives

Member State:

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

Total number of product inspections: ......................

Total number of infringements: ......................

PRODUCT
CATEGORY / SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A PRI-
ORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
PRODUCT
INSPEC-
TIONS

NUMBER
OF
INFRINGE-
MENTS

ACTIONS TAKEN (*)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

1

Dairy products

(cid:190) Unripened cheeses

E200, E202, E203

2

3

Eggs and egg products

Meat and meat products,
game and poultry

(cid:190) Delicatessen and

meat-curing products

E249, E250, E251,
E252

(cid:190) Meat products having
undergone heat treat-
ment

E473, E474

4

Fish, shellfish and
molluscs

(cid:190) Shellfish and cephalo-

pods

E200, E202, E203
E210 to E213
E220 to E228

5

Fats and oils

1
3

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
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t
i
e
s

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3
9

PRODUCT
CATEGORY / SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A PRI-
ORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
PRODUCT
INSPEC-
TIONS

NUMBER
OF
INFRINGE-
MENTS

ACTIONS TAKEN (*)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

6

Soups, broths and sauces

(cid:190) Sauces and season-

E100

ings

(cid:190) Emulsified and non-
emulsified sauces

E200, E202, E203
E210 to E213

7

Cereals and bakery prod-
ucts

(cid:190) Fine baker’s wares

(biscuits, pastry, Vien-
nese breads and
buns)

E160b
E100
E481, E482
E473, E474

8

Fruit and vegetables

(cid:190) Dried fruits

9

Herbs and spices

E200, E202, E203
E220 to E228

10

Non-alcoholic beverages

E952

11 Wine

12

Alcoholic beverages
(other than wine)

13

Ices and desserts

(cid:190) Desserts

(cid:190) Desserts with a low
energy value or
without added sugar

E160b
E100
E481, E482
E473, E474

E952

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0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

1
3

.

1

.

1
9
9
9

PRODUCT
CATEGORY / SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A PRI-
ORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
PRODUCT
INSPEC-
TIONS

NUMBER
OF
INFRINGE-
MENTS

ACTIONS TAKEN (*)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

14

Cocoa and cocoa pre-
parations, coffee and tea

(cid:190) Powders for preparing

hot beverages

E473, E474
E481

15

Confectionery

(cid:190) Jams, jellies and

marmalades with a
low energy value or
without added sugar,
and similar products

E952
E200, E202, E203
E210 to E213

16

Nuts and nut products,
snacks

17

Prepared dishes

18

Foodstuffs intended for
special nutritional uses

(cid:190) Fine baker’s wares for
special dietary uses

E952

19 Others

Methods of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed
methods):

(*) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8)

Other details, indications, difficulties encountered:

1
3

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

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4
1

Table 2.2. (cid:190) Samples and analyses for additives

Member State:

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

Total number of samples taken: ......................

Total number of infringements: ......................

PRODUCT
CATEGORY /
SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A
PRIORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
SAMPLES
TAKEN

NUMBER
OF
SAMPLES
ANALYSED

NUMBER
OF
INFRINGE-
MENTS
(*)

ACTIONS TAKEN (**)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

1

Dairy products

(cid:190) Unripened
cheeses

E200, E202,
E203

2

3

Eggs and egg
products

Meat and meat
products, game
and poultry

(cid:190) Delicatessen
and meat-
curing prod-
ucts

4

Fish, shellfish
and molluscs

(cid:190) Shellfish and
cephalopods

E249, E250,
E251, E252

E200, E202,
E203
E210 to E213
E220 to E228

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2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

1
3

.

1

.

1
9
9
9

PRODUCT
CATEGORY /
SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A
PRIORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
SAMPLES
TAKEN

NUMBER
OF
SAMPLES
ANALYSED

NUMBER
OF
INFRINGE-
MENTS
(*)

ACTIONS TAKEN (**)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

5

6

Fats and oils

Soups, broths
and sauces

(cid:190) Emulsified
and non-
emulsified
sauces

E200, E202,
E203
E210 to E213

7

Cereals and
bakery products

(cid:190) Fine baker’s

E160b

wares
(biscuits,
pastry, Vien-
nese breads
and buns)

8

Fruit and veget-
ables

(cid:190) Dried fruits

E200, E202,
E203
E220 to E228

9

Herbs and spices

10

Non-alcoholic
beverages

E952

1
3

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
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m
u
n
i
t
i
e
s

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3

PRODUCT
CATEGORY /
SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A
PRIORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
SAMPLES
TAKEN

NUMBER
OF
SAMPLES
ANALYSED

NUMBER
OF
INFRINGE-
MENTS
(*)

ACTIONS TAKEN (**)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

11 Wine

12

Alcoholic bever-
ages
(other than wine)

13

Ices and
desserts

E160b

E952

(cid:190) Desserts

(cid:190) Desserts with
a low energy
value or
without added
sugar

14

Cocoa and cocoa
preparations,
coffee and tea

15

Confectionery

(cid:190) Jams, jellies
and marma-
lades with a
low energy
value or
without added
sugar, and
similar prod-
ucts

E952
E200, E202,
E203
E210 to E213

L
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4
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

1
3

.

1

.

1
9
9
9

PRODUCT
CATEGORY /
SUBCATEGORY

ADDITIVES TO BE
SOUGHT AS A
PRIORITY

ADDIT-
IVES
SOUGHT

NUMBER
OF
SAMPLES
TAKEN

NUMBER
OF
SAMPLES
ANALYSED

NUMBER
OF
INFRINGE-
MENTS
(*)

ACTIONS TAKEN (**)
NUMBER

None

Verbal
warning

Written
warning

(1)

(2)

(3)

Improved
in-house
control
required
(4)

Sales
prohibition

Adminis-
trative
penalty

Court
action

Other

(5)

(6)

(7)

(8)

16

17

18

Nuts and nut
products, snacks

Prepared dishes

Foodstuffs
intended for
special nutritional
uses

(cid:190) Fine baker’s
wares for
special
dietary uses

19 Others

E952

Methods of analysis used (reference: literature, written standard, etc.; keyword description of the procedure; limits of detection and determination) (if different from the proposed
methods):

(*) Values detected should be indicated.

(**) Comments on action taken: (1) (2) (3) (4) (5) (6) (7) (8)

Other details, indications, difficulties encountered:

1
3

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e
E
u
r
o
p
e
a
n
C
o
m
m
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