Commission Recommendation of 19 December 2003 concerning a coordinated programme for the official control of foodstuffs for 2004 (Text with EEA relevance) (notified under document number C(2003) 4878)
Date: 2003-12-19
Institutions: European Commission
Subjects: aromatic plant, cheese, consumer information, food inspection, foodstuffs legislation, poultrymeat, product safety

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Official Journal of the European Union

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(Acts whose publication is not obligatory)

COMMISSION

COMMISSION RECOMMENDATION

of 19 December 2003

concerning a coordinated programme for the official control of foodstuffs for 2004

(notified under document number C(2003) 4878)

(Text with EEA relevance)

(2004/24/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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,

The results from the simultaneous implementation of
national programmes and coordinated programmes may
provide information and experience on which to base
future control activities and legislation,

After consulting the Standing Committee on the Food Chain
and Animal Health,

HEREBY RECOMMENDS:

Whereas:

(1)

(2)

(3)

It is necessary, with a view to the sound operation of the
internal market, to arrange for coordinated food inspec-
tion programmes at Community level designed to
improve the harmonised implementation of the official
controls by the Member States.

Such programmes should place emphasis on compliance
with Community legislation on foodstuffs, which is
particularly designed to protect public health and
consumer interests, and to ensure 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), as amended by Regu-
lation (EC) No 1882/2003 of the European Parliament
and of the Council (3), requires the laboratories referred
to in Article 7 of Directive 89/397/EEC to comply with
the criteria set out in European Standard EN 45000
series, now replaced by EN ISO 17025:2000.

(1) OJ L 186, 30.6.1989, p. 23.
(2) OJ L 290, 24.11.1993, p. 14.
(3) OJ L 284, 31.10.2003, p. 1.

1. During 2004 Member States should carry out inspections
and controls including, where indicated, taking samples and
analysing such samples in laboratories, with the aim of:

— assessing the bacteriological safety of cheeses made from

raw or thermised milk;

— assessing the bacteriological safety of fresh refrigerated
poultrymeat as regards thermophilic Campylobacter;

— assessing the bacteriological and toxicological safety of

spices.

2. Although sampling and/or inspection rates are not set out
in this Recommendation, Member States should ensure that
those rates are sufficient to provide an overview of the
subject under consideration in each Member State.

3. Member States should provide information as requested
following the format of the record sheets set out in the
Annex to help enhance the comparability of results. This
information should be sent to the Commission at the latest
by 1 May 2005 accompanied by an explanatory report
which should include comments on the results and on the
enforcement measures taken.

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

5. Bacteriological safety of cheeses made from raw or ther-

mised milk

5.1. Scope of the programme

Contaminated cheeses made from raw or thermised
milk have been responsible for outbreaks of
food
poisoning in humans by several types of bacteria such
as Salmonella, Listeria monocytogenes, verotoxigenic
Escherichia coli and Staphylococcal enterotoxins.

A long tradition of production and consumption of
raw milk cheeses exists in the Community. In order to
continue this tradition while ensuring food safety,
considerable improvements have been made in the
system of production, collection and storage of raw
milk used for the production of cheeses. Particular
attention is paid by the concerned food operators in
terms of hygiene and control along the entire process
of production.

The aim of this element of the programme is to investi-
gate the microbiological safety of cheeses made from
in order to promote a high
raw or thermised milk,
level of consumer protection and to collect information
on the prevalence of pathogenic and indicator microor-
ganisms in those products. This investigation concerns
a one year programme and will be followed up, during
its second year, by a wider programme on the bacterio-
logical safety of cheeses. The purpose of this wider
programme is to establish the baseline contamination
in other categories of cheeses in order to be able to
draw meaningful conclusions on the specific risk of
raw or thermised milk cheeses. The results of the inves-
tigations of this first part on raw and thermised milk
cheeses will be analysed and provided taking account
of the results of the general overview in this sector
becoming available after the second year.

5.2. Sampling and method of analysis

The investigations should concern fresh, soft and semi-
hard cheeses made from raw or thermised milk. The
competent authorities of the Member States should
take representative samples of these products, both at
the production level and the retail
including
imported products, with a view to testing for the
presence of Salmonella, Listeria monocytogenes and ther-
mophilic Campylobacter and enumeration of Staphylo-
coccus aureus and Escherichia coli. If Listeria monocytogenes
is detected, the number of these bacteria should be

level,

level,
enumerated. When samples are taken at retail
tests may be limited to the presence of Salmonella and
thermophilic Campylobacter and enumeration of Listeria
monocytogenes. The samples, of one hundred grams
minimum each or of one cheese if
less than one
hundred grams, should be handled hygienically, placed
in refrigerated containers and sent immediately to the
laboratory for analysis.

Laboratories should be 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 6785 or EN/ISO 6579
is recommended for the detection of Salmonella, the
most recent versions of standards EN/ISO 11290-1 and
2 are recommended for detection of Listeria monocyto-
genes, the most recent version of ISO 10272:1995 is
recommended for the detection of thermophilic Campy-
lobacter, the most recent version of EN/ISO 6888-1 or
2 is recommended for the enumeration of Staphylo-
coccus aureus and the most recent version of standard
ISO 11866-2,3 or ISO 16649-1,2 is recommended for
the enumeration of Escherichia coli. Additional equiva-
lent methods recognised by competent authorities may
also be used.

level of sampling should be left to the
The overall
judgement of the competent authorities of Member
States.

The results of the controls should be recorded on the
model record sheet set out in Annex I.

6. Bacteriological safety of fresh refrigerated poultrymeat as

regards thermophilic Campylobacter

6.1. Scope of the programme

Thermophilic Campylobacter are a leading bacterial
cause of food-related illness in humans. The number of
reported human cases have been rising during recent
years and epidemiological studies show that poultry
meat is an important source of infection and that a
significant proportion of fresh poultry meat for human
consumption is contaminated with these bacteria.

There is currently not enough scientific information to
set a criterion in Community legislation for Campylo-
bacter and further studies are under development to
further understand the epidemiology of this pathogen
and the role played by other animal products and other
food in general.

The aim of this element of the programme is to assess
the microbiological safety of fresh poultry meat for
in order to promote a high level of
Campylobacter
consumer protection and to collect information on the
prevalence of these bacteria in such products.

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6.2. Sampling and method of analysis

The investigations should concern fresh refrigerated
in particular chicken and turkey. The
poultry meat,
competent authorities of the Member States should
take representative samples of these products, both at
the slaughterhouse level and the retail level, including
imported products, with a view to testing for the
presence of thermophilic Campylobacter. The samples,
of 10 g each taken from neck skin before carcasses are
chilled or, when samples are taken at retail level, 25 g
or 25 cm2 from breast meat, should be handled hygie-
nically, placed in refrigerated containers and sent
immediately to the laboratory for analysis. In addition,
for a better comparability of results, it is recommended
to carry out the sampling during the period from May
to October.

Laboratories should be allowed to use a method of
their choice provided that
its level of performance
matches the aim to be achieved. However, the most
standard ISO 10272:1995 is
version of
recent
recommmended for
thermophilic
the detection of
Campylobacter. Additional equivalent methods recog-
nised by competent authorities may also be used.

The overall
level of sampling should be left to the
judgement of the competent authorities of Member
States.

The results of these controls should be recorded on the
model record sheet set out in Annex II.

7. Bacteriological and toxicological safety of spices

7.1. Scope of the programme

Spices, herbs and vegetables seasonings (spices) are
valued for their distinctive flavours, colour and aromas.
However, spices may contain high numbers of micro-
organisms, including pathogenic bacteria, moulds and
yeasts. If not properly treated, they can result in rapid
deterioration of food they are supposed to enhance.
Spices have been reported to be the primary sources of
food borne outbreaks when added to food where
further growth of the pathogens was possible. This
possibility is greater when spices are used in food
which may not be thoroughly heat
treated. The
contamination with certain strains of moulds can also
result in the production of toxins, such as aflatoxins
which, if they exceed the levels laid down in Commis-
sion Regulation (EC) No 466/2001 of 8 March 2001
setting maximum levels for certain contaminants in
foodstuffs (1), can provoke serious risks for consumers'
health.

to collect

The aims of this element of the programme are to
assess the bacteriological and toxicological safety of
spices,
information on the prevalence of
pathogenic microorganisms and to verify that spices
placed on the market do not exceed the limits of afla-
in order to
toxins established in Community law,
ensure a high level of consumer protection.

7.2. Sampling and method of analysis

The competent authorities of the Member States should
take representative samples of spices at import level, at
production level/packing establishments, at wholesale
level, in establishments using spices in the preparation
of food and at retail level, with a view to testing for:

(a) the count of Enterobacteriaceae,

the presence of
Salmonella and enumeration of Bacillus cereus and
Clostridium perfringens.

Enterobacteriaceae count is used as an indicator for
possible irradiation or other similar treatments of
spices. The samples, of 100 g minimum each or
one package if less than 100 g, should be handled
hygienically and sent immediately to the laboratory
for analysis. 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
6579:2002 is recommended for the detection of
Salmonella, the most recent version of standard EN
ISO 5552:1997 is recommended for the enumera-
tion of Enterobacteriaceaen, the most recent version
of standard ISO 7932:1993 is recommended for
the enumeration of Bacillus cereus and the most
recent version of
standard ISO 7937:1997 is
recommended for the enumeration of Clostridium
perfringens. Additional equivalent methods recog-
nised by competent authorities may also be used.

The overall level of sampling should be left to the
judgement of the competent authorities of Member
States.

The results of the following controls should be
recorded on the model record sheet set out in
Annex III, Section 1 and 2.

(b) Aflatoxins: the levels do not exceed the maximum

limit laid down in Community law

The sampling and analysis should be performed in
accordance with Commission Directive 98/53/EC
of 16 July 1998 laying down the sampling
methods and the methods of analysis for the offi-
cial control of the levels for certain contaminants
in foodstuffs (2). Pursuant
the
sample size must be between 1 and 10 kg,
depending on the size of the lot to be controlled.

to that Directive,

(1) OJ L 77, 16.3.2001, p. 1.

(2) OJ L 201, 17.7.1998, p. 93.

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The overall level of sampling should be left to the judgement of the competent authorities of
Member States.

The results of the following controls should be recorded on the model record sheet set out in
the Annex IV to this Recommendation.

Done at Brussels, 19 December 2003.

For the Commission

David BYRNE

Member of the Commission

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ANNEX I

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ANNEX II

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ANNEX III

SECTION 1

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SECTION 2

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ANNEX IV