CELEX: 51985PC0514
Language: en
Date: 1985-09-23
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO QUICK-FROZEN FOODSTUFFS FOR HUMAN CONSUMPTION (COM (84) 489 FINAL, 19 SEPTEMBER 1984)

18.10.85                                Official Journal of the European Communities                              N o C 267/7
3. The following Articles 15 (a) and 15 (b) are inserted:               2.    The Community missions referred to in
                                                                        paragraph 1 shall be carried out under the following
                                                                        conditions:
     'Article 15 (a)
                                                                        (a) missions may be undertaken on the Commission's
    The information obtained pursuant to Articles 14 and                    initiative or at the request of one or more
     14 (a) may, following consultation with the competent                  Member States;
     authorities of the Member State which supplied it, be              (b) missions   shall be carried out by Commission
    communicated to the third countries concerned in                        officials  designated for that purpose and by
    order to obtain from the latter the assistance required                 experts   designated for that purpose by the
    to ensure correct application of the law on customs or                  Member    State(s) concerned;
    agricultural matters. In the event of such communi-
    cation, protection equivalent to that laid down by                  (c) mission expenses shall be paid by the Commission.
    Article 19 (1) shall be afforded by appropriate means.              3.   The Commission shall inform the Member States
                                                                       of the results of missions carried out in pursuance of
                                                                       this Article.'
    Article 15 (b)
                                                                                               Article 2
     1.    For the purposes of ensuring that the law on
    customs or agricultural matters is correctly applied,           This Regulation shall enter into force on the third day
    the Commission may carry out                  Community         following its publication in the Official Journal of the
    administrative and investigative missions in third              European Communities.
    countries in cooperation with the competent auth-               This Regulation shall be binding in its entirety and
    orities of the Member States.                                   directly applicable in all Member States.
                Amendment to the proposal for a Council Directive on the approximation of the laws of the
                          Member States relating to quick-frozen foodstuffs for human consumption (')
                                                       COM(85) 514 final
                (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                            the EEC Treaty on 27 September 1985)
                                                         (85/C 267/07)
In response to the opinion delivered by the European                   equipment used for the quick-frozen process and the
Parliament (2) on the proposal for a Directive                         temperatures to be adhered to in the installations and
transmitted to the Council by the Commission on the                    appliances for storage, handling, transport and distri-
approximation of the laws of the Member States relating                bution.'
to quick-frozen foodstuffs for human consumption and
in accordance with the second paragraph of Article 149
of the Treaty establishing the European Economic                    3. The first subparagraph of Article 1 (2) is replaced by
Community, the Commission has decided to amend the                     the following:
aforementioned proposal as follows:
                                                                       'For the purposes of this Directive "quick-frozen
1. The eighth recital is replaced by the following:                    foodstuffs" means foodstuffs put up for sale which
                                                                       have undergone a suitable freezing process known as
    'Whereas brief upward fluctuations are necessary on                "quick-freezing" whereby the temperature zone of
    technical grounds and may therefore be tolerated                   maximum crystallization is spanned as rapidly as
    provided they are in accordance with good                          possible, depending on the type of product, with the
    commercial practice and do not jeopardize the quality              result that the temperature of the product (after
    of the products.'                                                  thermal stabilization) is — 18 °C or lower.'
2. The 11th recital is replaced by the following:
                                                                    4. The introductory phrase of Article 5 (2) is replaced by
    'Whereas this Directive need merely            state  the          the following:
    objectives to be attained as regards           both   the
                                                                       'Brief upward fluctuations in the temperature of the
(') COM(84) 489 final, 19 September 1984, OJ No C 267,                 product in accordance with the good storage and
    6. 10. 1984, p. 6.                                                 distribution practices shall be permitted, on condition
O OJ No C 175, 15. 7. 1985, p. 292.                                    that they do not exceed:'
 ---pagebreak--- No C 267/8                              Official Journal of the European Communities                              18.10. 85
5. Article 5 (3) is replaced by the following:                     6. Article 7 is replaced by the following:
   '3.    Should the tolerances allowed in paragraph 2 be              'Article 7
   either accidentally or unforeseeable exceeded, the                 Quick-frozen foodstuffs intended for retail sale shall
   product in question shall be examined to determine                 be packed by the manufacturer or packer in suitable
   the use to which it may be put. (Thawed products or                sealed packages which protect the products from any
   those in which the thawing process has begun must be               harmful influence and which must be delivered intact
   labelled with a clear warning.)'                                   to the consumer.'