Commission Regulation (EC) No 37/2005 of 12 January 2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumptionText with EEA relevance
Date: 2005-01-12
Institutions: European Commission
Subjects: carriage of goods, deep-frozen product, foodstuff, human nutrition, measuring equipment, storage

L 10/18

EN

Official Journal of the European Union

13.1.2005

COMMISSION REGULATION (EC) No 37/2005

of 12 January 2005

on the monitoring of temperatures in the means of transport, warehousing and storage of quick-
frozen foodstuffs intended for human consumption

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

retail display cabinets and small cold chambers used in
retail outlets for storing stocks should be maintained.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 89/108/EEC of 21
December 1988 on the approximation of
the
Member States relating to quick-frozen foodstuffs for human
consumption (1), and in particular Article 11 thereof,

the laws of

Whereas:

(7)

(8)

It is advisable to ensure the direct applicability of the
the
new standards for measuring equipment and of
technical rules already contained in Directive 92/1/EEC.
and uniformity of
In the
consistency
Community
to repeal
Directive 92/1/EEC and replace it by this Regulation.

legislation it

interest of

appropriate

is

The measures provided for in this Regulation are in
accordance with
Standing
Committee on the Food Chain and Animal Health,

opinion

the

the

of

(1)

Commission Directive 92/1/EEC of 13 January 1992 on
the monitoring of
in the means of
temperatures
transport, warehousing and storage of quick-frozen food-
intended for human consumption (2) provides
stuffs
temperatures
to ensure
requirements
required by Directive 89/108/EEC are fully maintained.

in order

that

(2) When Commission Directive 92/1/EEC was adopted, no
for monitoring
European standard for
temperatures in means of transport, warehousing and
storage of quick-frozen foodstuffs had been established.

instruments

(3)

(4)

(5)

(6)

The European Committee for Standardisation established
standards regarding the instruments for recording air
temperatures and thermometers in 1999 and 2001.
The use of those uniform standards would ensure that
the equipment used for monitoring temperatures of
foodstuffs complies with a harmonised set of technical
requirements.

to facilitate a gradual application of

those
In order
measures by operators, the use of measuring instruments
installed according to legislation in force before the
adoption of this Regulation should be allowed during a
transitional period.

Commission Directive 92/1/EEC provides for a dero-
gation as regards transport of quick-frozen foodstuffs
by rail. This derogation is no longer
justified and
should be terminated after a transitional period.

The imposition of
on small equipment used in retail
excessive and therefore the existing derogations

temperature-recording requirements
trade would be
for

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation concerns the monitoring of the temperature in
the means of
transport, warehousing and storage used for
quick-frozen foodstuffs.

Article 2

Monitoring and recording of the temperature

The means of

1.
transport, warehousing and storage of
quick-frozen foodstuffs shall be fitted with suitable recording
instruments to monitor, at frequent and regular intervals, the
air
temperature to which the quick-frozen foodstuffs are
subjected.

2.
From 1 January 2006, all measuring instruments used for
the purpose of monitoring the temperature, as provided for in
paragraph 1, shall comply with EN 12830, EN 13485 and EN
relevant
13486 standards. Food operators
documents
instruments
verification
permitting
referred to above conform to the relevant EN standard.

shall keep all

that

the

However, measuring instruments installed up to 31 December
2005, according to legislation in force before the adoption of
this Regulation, may continue to be used until 31 December
2009 at the latest.

(1) OJ L 40, 11.2.1989, p. 34. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ L
284, 31.10.2003, p. 1).
(2) OJ L 34, 11.2.1992, p. 30.

3.
Temperature recording shall be dated and stored by the
food operator for a period of at least one year, or for a longer
period taking into account the nature and the shelf life of the
quick-frozen foodstuffs.

13.1.2005

EN

Official Journal of the European Union

L 10/19

Article 3

Derogations from Article 2

as to permit the air temperature to be measured by an easily
visible thermometer.

1.
By way of derogation from Article 2, the air temperature
during storage in retail display cabinets, and in the course of
local distribution, shall only be measured by at least one easily
visible thermometer.

In the case of open retail cabinets:

(a)

the maximum load line of
marked;

the cabinet shall be clearly

(b) the thermometer shall

indicate the temperature at the air

return side at the level of that mark.

2.
The competent authority may grant derogations from the
requirement laid down in Article 2 in the case of cold store
facilities of less than 10 m3 for storing stock in retail outlets, so

Article 4

Repeal

Commission Directive 92/1/EEC is repealed.

Article 5

Entry into force and applicability

This Regulation shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

However, for transport by rail
2006.

it shall apply from 1 January

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission