Commission Regulation (EC) No 1019/2008 of 17 October 2008 amending Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (Text with EEA relevance)
Date: 2008-10-17
Institutions: European Commission
Subjects: food contamination, food inspection, food technology, foodstuff, foodstuffs legislation, health control, water

18.10.2008

EN

Official Journal of the European Union

L 277/7

COMMISSION REGULATION (EC) No 1019/2008

of 17 October 2008

amending Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council
on the hygiene of foodstuffs

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 852/2004 of the European
Parliament and of the Council of 29 April 2004 on the hygiene
of foodstuffs (1), and in particular Article 13(1) thereof,

(4)

(5)

developed and put in place by food business operators to
ensure that it is not a source of contamination.

Regulation (EC) No 852/2004 should therefore be
amended accordingly.

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

opinion

the

the

of

Whereas:

(1)

Regulation (EC) No 852/2004 lays down the general
rules for food business operators on the hygiene of food­
stuffs. Food business operators carrying out any stage of
production, processing and distribution of food after the
primary production stage are to comply with the general
hygiene requirements laid down in Annex II
to that
Regulation.

(2) With regard to water supply, Chapter VII of that Annex
provides that potable water is to be used, whenever
necessary, to ensure that foodstuffs are not contaminated
and that clean water may be used with whole fishery
products.
It also provides that clean seawater may be
used with live bivalve molluscs, echinoderms, tunicates
and marine gastropods and that clean water may be used
for their external washing.

(3)

The use of clean water with whole fishery products and
live bivalve molluscs, echi­
for external washing of
noderm,
tunicates and marine gastropods does not
represent a risk for public health as long as control
procedures based, in particular, on the Hazard Analysis
and Critical Control Point (HACCP) principles have been

HAS ADOPTED THIS REGULATION:

Article 1

In Chapter VII of Annex II to Regulation (EC) No 852/2004,
point 1(b) is replaced by the following:

‘(b) Clean water may be used with whole fishery products.

Clean seawater may be used with live bivalve molluscs,
echinoderms,
tunicates and marine gastropods; clean
water may also be used for external washing.

is used, adequate facilities and
When clean water
procedures are to be available for its supply to ensure
that such use is not a source of contamination for the
foodstuff.’

Article 2

This Regulation shall enter into force on the 10th day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 17 October 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 139, 30.4.2004, p. 1. Corrected version in OJ L 226,

25.6.2004, p. 3.