Recommendation of the EFTA Surveillance Authority No 98/03/COL of 19 June 2003 concerning a coordinated programme for the official control of foodstuffs for 2003
Date: 2003-06-19
Institutions: EFTA Surveillance Authority
Subjects: consumer information, fishery product, food inspection, foodstuffs legislation, labelling, olive oil, product safety

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Official Journal of the European Union

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RECOMMENDATION OF THE EFTA SURVEILLANCE AUTHORITY

No 98/03/COL

of 19 June 2003

concerning a coordinated programme for the official control of foodstuffs for 2003

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic
Area (EEA), and in particular Article 109 and Protocol 1
thereof,

Having regard to the Agreement between the EFTA States on
the establishment of a Surveillance Authority and a Court of
Justice, and in particular Article 5(2)(b) and Protocol 1 thereof,

(6)

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

After consultation of the EFTA Foodstuffs Committee assisting
the EFTA Surveillance Authority,

tions which have not been incorporated into the EEA
Agreement. However, since a reference to these regula-
tions could be of support to the official control in veri-
fying that oil products are correctly labelled, the refer-
ences to these regulations are also included in the EFTA
Surveillance Authority's Recommendation to the EFTA
States.

The proposed control programmes for the safety of
fishery products are based on acts referred to in Chapter
I of Annex I to the EEA Agreement. Liechtenstein is
exempted from the provisions of Chapter I and conse-
quently this part of
the Recommendation is not
addressed to Liechtenstein,

Whereas:

HEREBY RECOMMENDS TO THE EFTA STATES:

(1)

(2)

(3)

(4)

(5)

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 designed to
improve the harmonised implementation of the official
controls by the EEA States.

Such programmes place emphasis on compliance with
the legislation in force under the EEA Agreement, the
protection of public health, consumer interests and fair
trade practices.

Article 3 of Council Directive 93/99/EEC of 29 October
1993 on the subject of additional measures concerning
the official control of foodstuffs (2) requires the labora-
tories referred to in Article 7 of Directive 89/397/EEC to
comply with the criteria in European Standard EN
45000 series, now replaced by EN ISO 17025:2000.

results

from simultaneous

The
implementation of
national programmes and coordinated programmes may
provide information and experience on which to base
future control activities and legislation.

In Commission Recommendation 2003/10/EC of 10
January 2003 concerning a coordinated programme for
the
the official control of
proposed control programme for labelling of oils from
olives, contains references to four Community regula-

for 2003 (3),

foodstuffs

(1) OJ L 186, 30.6.1989, p. 23.
(2) OJ L 290, 24.11.1993, p. 14.
(3) OJ L 7, 11.1.2003, p. 76.

1. During 2003, carry out inspections and controls including,
where indicated, taking samples and analysing such samples
in laboratories, with the aim of:

— monitoring that olive oils are clearly and correctly

labelled according to EEA rules,

— assessing the safety of certain fishery products (bacterio-
logical safety of cooked crustaceans and molluscan shell-
fish and level of histamine in fish species of families
Scombridae, Clupeidae, Engraulidae and Coryphaenidae).

2. Although sampling and/or inspection rates are not set in
to

this Recommendation, ensure that
provide an overview of the subject under consideration.

they are sufficient

3. Provide information as requested following the format of
the record sheets provided in the Annexes to this Recom-
mendation to help enhance the comparability of results.
This information should be sent to the EFTA Surveillance
Authority by 1 May 2004 accompanied by an explanatory
report.

4. Foodstuffs submitted for analysis under this programme
should be submitted to laboratories complying with the
provisions of Article 3 of Directive 93/99/EEC. However, if
such laboratories do not exist in the EFTA States for certain
analysis included in this Recommendation, the States may
also nominate other laboratories providing the capacity to
carry out these analyses.

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SCOPE AND METHODS

The overall level of sampling is left to the judgment of the
competent authorities of the EFTA States.

A. Labelling of oils from olives

The results of the controls should be recorded on the record
sheet model provided in Annex I to this Recommendation.

1. Scope of the programme

In 2001 a contamination problem of polycyclic aromatic
hydrocarbons (PAHs e.g. benzo(a)pyrene) was identified in
the low grade oil known as olive-residue oil or pomace oil.
In their investigations the EEA States identified a labelling
problem for different grades of oils from olives, with confu-
sion between olive-residue oil, olive oil and virgin olive oils.
This created difficulties in managing the contamination
problem. Incorrect or misleading product labels were found
regarding the grade(s) of oil in the products as sold. More-
over, the possible illegal mixing of low grade oils in higher
grade products was identified. Not only does this mislead
consumers, but it poses a risk to public health where low
grade contaminated oil might be present.

The aim of this element of the programme is to verify that
oil products from olives are correctly labelled, to ensure that
unlawful mixing using lower grade possibly contaminated
oils is not practised and which might otherwise pose a
health risk to consumers. This will assist in the management
of risks from possible contaminated oils as well as helping
to avoid misleading the consumer.

2. Sampling and method of analysis

controls,

The competent authorities of the EFTA States should carry
including, where possible, documentary
out
checks, at production level before placing on the market, at
retail level to cover products for direct sale to consumers
and also at appropriate points such as wholesale level to
cover products destined for catering use. The purpose of the
controls is to verify that labelling of oils from olives is accu-
rate with respect to the grade(s) of oil contained in the
product, with reference to Directive 2000/13/EC of
the
European Parliament and of the Council of 20 March 2000
on the approximation of the laws of the Member States
relating to the labelling, presentation and advertising of
foodstuffs (1), Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organi-
sation of the market in oils and fats (2) and Commission
Regulation (EC) No 1019/2002 of 13 June 2002 on
marketing standards for olive oil (3). Regulations No 136/
66/EEC and (EC) No 1019/2002 are not a part of the EEA
Agreement.

Samples of products should be taken and analysed to deter-
mine the oil components with reference to Commission
Regulation (EEC) No 2568/91 (4) and Commission Regula-
tion (EC) No 796/2002 (5). These two regulations are not a
part of the EEA Agreement.

B. Safety of fishery products: bacteriological safety of cooked
crustaceans and molluscan shellfish

1. Scope of the programme

The microbiological quality of cooked crustaceans and
molluscan shellfish is often critical. These products are typi-
cally able to support the growth of a wide variety of micro-
organisms.
In addition certain specific features in their
production, such as cooking on board in fishing vessels,
chilling with seawater,
intensive handling and long trans-
ports, make them susceptible for undesirable microbiolo-
gical contamination and growth.

Commission Decision 93/51/EEC (6) lays down some micro-
biological criteria for these products. These criteria include
end product criteria for Staphylococcus aureus and Salmonella
as well as process criteria for Escherichia coli, thermotolerant
coliforms and mesophilic aerobic bacteria. Recently special
attention has been paid for human health risk linked to the
presence of pathogenic Vibrio parahaemolyticus in this type of
product. However, there is currently not enough scientific
information to set a criterion into Community legislation
for this pathogen/commodity combination.

The aim of this element of the programme is to investigate
the microbiological safety of cooked crustaceans and shell-
fish in order to promote a high level of consumer protection
and to collect information on the prevalence of pathogenic
and indicator microorganisms in these products.

2. Sampling and method of analysis

The investigations should concern cooked crustaceans and
molluscan shellfish before placing on the market, at produc-
tion level, and which are already on the market. The compe-
tent authorities of the EFTA States should take representa-
tive samples of these products, both at the production level
and the retail level, with a view to testing for the presence
of Salmonella and enumeration of Staphylococcus aureus,
Escherichia coli and total Vibrio parahaemolyticus count. The
samples, of 100 grams minimum each, should be handled
hygienically, placed in refrigerated containers and sent
immediately to the laboratory for analysis.

(1) OJ L 109, 6.5.2000, p. 29.
(2) OJ 172, 30.9.1966, p. 3025/66.
(3) OJ L 155, 14.6.2002, p. 27.
(4) OJ L 248, 5.9.1991, p. 174.
(5) OJ L 128, 15.5.2002, p. 8.

The overall level of sampling is left to the judgment of the
competent authorities of the EFTA States.

(6) OJ L 13, 21.1.1993, p. 11.

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2. Sampling and method of analysis

EFTA States should carry out controls at the level of auction
and wholesale markets, establishments of production and at
retail level, in order to verify that fishery products do not
exceed the level of histamine as detailed below. The verifica-
tions should concern fish of families Scombridae, Clupeidae,
frozen,
Engraulidae
prepared, processed or preserved.

and Coryphaenidae

fresh or

either

According to Directive 91/493/EEC, nine samples must be
the following
taken from each batch. These must
requirements:

fulfil

— the mean value must not exceed 100 ppm,

— two samples may have a value of more than 100 ppm

but less than 200 ppm,

— no sample may have a value exceeding 200 ppm.

However, products which have undergone enzyme ripening
treatment in brine may have higher histamine levels but not
more than twice the above values.

Examination should be carried out in accordance with reli-
able scientifically recognised methods, such as high-perfor-
mance liquid chromatography (HPLC).

The overall level of sampling is left to the judgement of the
competent authorities of the EFTA States.

The results of the controls should be recorded on the record
sheet model provided in the Annex III to this Recommenda-
tion.

This Recommendation is addressed to Iceland and Norway and
to Liechtenstein for the programme on labelling of olive oil.

Done at Brussels, 19 June 2003.

For the EFTA Surveillance Authority

Niels FENGER

Director

Laboratories are allowed to use a method of their choice
provided that its level of performance matches the aim to
be achieved. However, the most recent version of standard
ISO 6579 is recommended for the detection of Salmonella,
the most recent version of standard EN/ISO 6888-1,2 is
the most recent
recommended for Staphylococcus aureus,
version of standard ISO 16649-1,2,3 for Escherichia coli and
the most recent version of standard ISO 8914 with MPN
technique (1)
is recommended for Vibrio parahaemolyticus.
Additional equivalent methods recognised by competent
authorities may also be used.

The results of these controls should be recorded on the
record sheet model provided in the Annex II to this Recom-
mendation.

C. Safety of fishery products: levels of histamine in certain fish
species

1. Scope of the programme

The ingestion of fishery products containing high levels of
histamine can cause consumer illness. Histamine and other
amines are formed by the growth of certain bacteria as a
result of time/temperature abuse and of unhygienic practices
during harvesting, storage, processing and distribution of
fishery products. Fish of the families Scombridae, Clupeidae,
Engraulidae and Coryphaenidae, which include tuna, sardines,
mackerel, abalone, etc., are the most implicated in this food
poisoning because of their high content of the aminoacid
histidine which is considered the precursor of the histamine.
Council Directive 91/493/EEC of 22 July 1991 laying down
the health conditions for the production and the placing on
the market of fishery products (2) establishes safety require-
ments as concern the limits admitted of histamine, sampling
and methods of analysis.

The aim of this element of the programme is to verify that
fishery products placed on the market do not exceed the
limits of histamine established in the EEA law in order to
ensure a high level of consumer protection.

(1) Use a 3 × 3 MPN technique with alkaline salt peptone water (ASPW)
as the enrichment medium as follows. Prepare an initial 10-1 suspen-
sion of the food, and two decimal dilutions of this (giving 10-2 and
10-3 suspensions), using ASPW as diluent. For each dilution, add
1 ml to each of three tubes containing 9 ml of single-strength
ASPW. Incubation, subculture and identification procedures should
be undertaken as in ISO 8914. Any tube yielding confirmed V. para-
haemolyticus is considered positive. MPN tables can be found in
Annex B of ISO 4831. Multiplication of the MPN index by 10 will
yield the V. parahaemolyticus count per gram.

(2) OJ L 268, 24.9.1991, p. 15.

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