2001/232/EC: Commission Decision of 13 March 2001 concerning a draft regulation of the Kingdom of the Netherlands on the labelling of poultrymeat (Text with EEA relevance) (notified under document number C(2001) 704)
Date: 2001-03-13
Institutions: European Commission
Subjects: Netherlands, labelling, originating product, poultrymeat

23.3.2001

EN

Official Journal of the European Communities

L 84/57

concerning a draft regulation of the Kingdom of the Netherlands on the labelling of poultrymeat

COMMISSION DECISION

of 13 March 2001

(notified under document number C(2001) 704)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2001/232/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2000/13/EC of the European Parlia-
ment and of the Council of 20 March 2000 on the approx-
imation of the laws of the Member States relating to the
labelling, presentation and advertising of foodstuffs (1), and in
particular Article 19, fourth paragraph, and Article 20 thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with the procedure laid down in Article
19, second paragraph, of Directive 2000/13/EC,
the
Netherlands authorities notified the Commission of a
draft regulation containing specific labelling provisions
applicable in certain circumstances to poultrymeat put
up for retail sale in the Netherlands.

Under Article 1(c) of the aforesaid draft regulation, poul-
trymeat in which Salmonella or Campylobacter is demon-
strably present in 25 grams may be presented, put up
for sale sold or supplied only if it is prepacked and
labelled with a warning to the effect that the product
contains bacteria which can cause disease and that care
should be taken to ensure that the bacteria do not reach
the consumer through packaging, handling or kitchen
utensils, and that the meat must be well cooked in order
to kill the bacteria.

As provided for in Article 19, second paragraph, of
Directive 2000/13/EC, the Commission consulted the
other Member States within the Standing Committee on
Foodstuffs.

The Member States and the Commission agree fully with
the Netherlands on the need to protect consumers
against infection by Salmonella and Campylobacter. This
objective may be attained by appropriate preventive
the
measures, particularly in regard to hygiene, at
different stages of product processing, and by educating
and informing the final consumer in a suitably unambig-
uous manner.

Furthermore, a labelling measure in the form of a
warning and recommendations to consumers may also
help towards attaining the desired objective in so far as
it offers guarantees of reliability and can be implemented
in a way which can be easily understood by consumers.

However, the draft regulation submitted by the Nether-
lands does not meet the abovementioned conditions, as
implementation thereof raises questions and could give
rise to confusion or misunderstanding on the part of
consumers. In particular, since packaging and labelling
are only compulsory for contaminated poultry meat,
only an exhaustive inspection prior to marketing would
ensure the reliability of the measure. In reality, as no
specific inspection system is planned, it is possible that a
proportion of the contaminated products will not be
detected, and therefore not labelled, and that products
which are not contaminated at the production stage may
be contaminated at the distribution stage, yet will not be
labelled.

There is therefore a significant risk that consumers
choosing an unlabelled product, thinking it to be free of
contamination, may in fact be in possession of a
contaminated product but believe that they need take no
precautions.

Furthermore, the wording envisaged for the warning is
complex and liable to be misunderstood by some
consumers, particularly with regard to the fact
that
contaminated products are offered for sale.

The abovementioned difficulties could be avoided, and
the objective attained more readily, if the Netherlands
authorities applied the draft regulation notified to all
poultrymeat marketed in the Netherlands and clarified it
by simplifying the warning label, which should refer to
the possibility of contamination rather than affirm that
the product is contaminated.

(6)

(7)

(8)

(9)

(10)

In the light of the foregoing, the Commission's opinion
is negative, in accordance with Article 19, third para-
graph, of Directive 2000/13/EC.

(1) OJ L 109, 6.5.2000, p. 29.

(11)

The Netherlands authorities
should accordingly be
requested not to adopt the draft regulation in question.

L 84/58

EN

Official Journal of the European Communities

23.3.2001

(12)

The measures provided for in this Decision are in
conformity with the opinion of the Standing Committee
on Foodstuffs,

2. clarification and simplification of the warning on the label,

stating that there is a possibility of contamination.

HAS ADOPTED THIS DECISION:

Article 1

The Netherlands must not adopt their draft regulation stipu-
lating the prepacking and labelling of poultrymeat in the event
of contaminaton by Salmonella or Campylobacter, unless the
following amendments are introduced:

1. application, save in duly substantiated exceptional cases, to

all poultrymeat marketed in the Netherlands;

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 13 March 2001.

For the Commission

David BYRNE

Member of the Commission