2000/207/EC: Commission Recommendation of 22 February 2000 on a coordinated programme for the official control of foodstuffs for 2000 (notified under document number C(2000) 356) (Text with EEA relevance)
L 63/34 EN Official Journal of the European Communities 10. 3. 2000 COMMISSION RECOMMENDATION of 22 February 2000 on a coordinated programme for the official control of foodstuffs for 2000 (notified under document number C(2000) 356) (Text with EEA relevance) (2000/207/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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, After consultation of the Standing Committee for Foodstuffs, Whereas: (1) (2) (3) (4) It is necessary, with a view to the sound operation of the internal market, to arrange for coordinated food inspection programmes at Community level. Such programmes place emphasis on compliance with Community legislation, 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 laboratories referred to in Article 7 of Directive 89/397/EEC to comply with the criteria in European Standard EN45000 series. Only such laboratories may be considered as laboratories suitable to carry out analyses within the coordinated programme of official controls. results The implementation of national programmes and coordinated programmes can provide information and experience on which to base future control activities, from simultaneous HEREBY RECOMMENDS: 1. During 2000 Member States should carry out controls including, where indicated, taking samples and to monitor analysing such samples in laboratories and carrying out audits and/or inspections, compliance with the following Community measures: (a) Article 3(2) of Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (3) concerning the application of the principles of the Hazard Analysis and Critical Control Point (HACCP) system in certain types of food businesses; (b) Paragraph 2 of Chapter IV of the Annex to Directive 93/43/EEC concerning the bulk transport of foodstuffs; (c) Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs (4) concerning nutritional claims on fruit-flavoured milk drinks, yoghurts and soft drinks. 2. Although sampling and/or inspection rates have not been set, Member States should ensure that they are sufficient to provide an overview of the subject under consideration in each Member State. Suggestions will be made for the methods of analysis. 3. Member States should provide information as requested following the format of the record sheets provided in the Annex to this recommendation to help enhance the comparability of results. (1) OJ L 186, 30. 6. 1989, p. 23. (2) OJ L 290, 24. 11. 1993, p. 14. (3) OJ L 175, 19. 7. 1993, p. 1. (4) OJ L 276, 6. 10. 1990, p. 40. 10. 3. 2000 EN Official Journal of the European Communities L 63/35 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. 5. HACCP in certain food businesses 5. 1. Scope of the programme Article 3(2) of Directive 93/43/EEC requires food business operations covered by the Directive to apply certain principles of HACCP to their businesses in addition to the general hygiene requirements contained in the Annex to that Directive. Since December 1995, food business operators habe been required to have in place systems for the analysis and control of food safety hazards which may be based on voluntary industry guides to good hygiene practice, where such guides exist. Article 5 of Directive 93/43/EEC requires Member States to encourage the development of sectoral voluntary Guides to Good Hygiene Practice which elaborate, for the sector concerned, the general hygiene principles of the Annex to the Directive and the requirements relating to the application of the principles of HACCP in Article 3(2). Article 3(2) of Directive 93/43/EEC applies to all food businesses covered by the Directive regardless of size or type of business. As the range of businesses which must comply with the provision is broad, for the sake of comparability of results only, certain types and sizes of food businesses have been selected. This selection does not in any way indicate that other businesses have more or less responsability under that provision. 5. 2. Method The competent authorities of the Member States in the normal course of their duties should visit the food business operations covered by Directive 93/43/EEC in the following categories: (a) mass/industrial catering establishments, (b) retail butchers selling directly to the consumer. The results of the control should be recorded on the record sheets in the Annex. 6. Transport of bulk foodstuffs 6. 1. Scope of the programme Chapter IV of the Annex to Directive 93/43/EEC specifically requires bulk foodstuffs in liquid, granulate or powdered form to the transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs. For two classes of foodstuffs derogations to this provision have been adopted by the Commission, namely in relation to the transport by sea of edible oils and fats, and raw sugar. This element of the coordinated programme is designed to check whether foodstuffs which are not covered by the derogations made under Article 4 of Directive 93/43/EEC comply with the requirements relating to transport. 6. 2. Method The results of the following controls should be recorded on the record sheets in the Annex: — on the premises of manufacturers of bulk foodstuffs of non-animal origin (oil, flour, starch, etc. ), controls should be carried out to check the condition, repair and cleanliness of the receptacles in line with the general provisions of Chapter IV of the Annex to Directive 93/43/EEC and a record kept. Controls should be carried out to establish whether the manufacturer has satisfactory procedures in place to ensure that the receptacles or vessels used for the transport of the foodstuffs are reserved for foodstuffs only; — controls should be undertaken on the premises of carriers, in order to check the types of goods carried by the examination of transport documents and by direct observation. L 63/36 EN Official Journal of the European Communities 10. 3. 2000 7. Nutrition labelling 7. 1. Scope of the programme Directive 90/496/EEC lays down specific labelling requirements for nutrients present in a food when the labelling or presentation of the food comprises a nutrition claim. Foodstuffs for special nutritional uses within the scope of Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (1) are excluded. 7. 2. Method Foods in two categories, fruit and vegetables juices, and fruit-flavoured milk drinks and yoghurts, which are labelled claiming certain nutritional qualities should be sampled to examine whether the nutritional claim is authorised and the wording is in conformity with the provisions of Directive 90/496/EEC. In addition, the sample should be analysed in order to establish whether the values in the nutritional claim are accurate or within accepted tolerances. The results should be recorded on the record sheets in the Annex. Done at Brussels, 22 February 2000. For the Commission Erkki LIIKANEN Member of the Commission (1) OJ L 186, 30. 6. 1989, p. 27. 10. 3. 2000 EN Official Journal of the European Communities L 63/37 ANNEX Member State. 1. HACCP in certain food businesses — 1a. Business sector: mass catering establishments including industrial caterers Only record one visit to a premises, not repeat or follow-up visits. What was the total number of mass catering/industrial catering businesses visited during the operation of this programme? Of those visited how many complied with Article 3(2) of Directive 93/43/EEC on the application of the principles of HACCP? Does an approved voluntary guide to good hygiene prac- tice exist for mass caterers/industrial caterers? How many of the food businesses in this sector visited had an approved voluntary guide to good hygiene prac- tice? In those businesses complying with Article 3(2) were documents relating to the hazard analysis or the monito- ring of CCPs present? In the premises that did not comply with Article 3(2) what follow-up action was taken by the competent authorities? Please record in the table below. None Verbal warning Written warning Written instructions Sale prohibited Administrative penalties Court action Other L 63/38 EN Official Journal of the European Communities 10. 3. 2000 Member State. 1. HACCP in certain food businesses — 1b. Business sector: retail butchers selling direct to the consumer Only record one visit to a food business, not repeat or follow-up visits. What was the total number of retail butchers visited during the operation of this programme? Of those visited how many complied with Article 3(2) of Directive 93/43/EEC on the application of the principles of HACCP? Does an approved voluntary guide to good hygiene prac- tice exist for retail butchers? How many of the food businesses in this sector visited had an approved voluntary guide to good hygiene prac- tice? In those businesses complying with Article 3(2) were documents relating to the hazard analysis or the monito- ring of CCPs present? In the premises that did not comply with Article 3(2) what follow-up action was taken by the competent authorities? Please record in the table below. None Verbal warning Written warning Written instructions Sale prohibited Administrative penalties Court action Other 2. Transport of bulk foodstuffs 2a. Controls undertaken at the manufacturers of foodstuffs Member State. Controls at manufacturers of foodstuffs from bulk liquid, granulate or powdered foodstuffs Businesses' control procedures to monitor the cleanliness and condition of receptacles and to ensure receptacles are for foodstuffs only Number of controls Number of non- conformities Satisfactory Unsatisfactory None None Verbal warning Measures taken where non-conformities detected Written warning Improved in-house controls required Sale prohibited Administrative penalty Court action Other 2. Transport of bulk foodstuffs 2b. Controls undertaken at the carriers of bulk foodstuffs Member State. Controls at carriers of bulk liquid, granulate or powdered foodstuffs Businesses' control procedures to monitor the cleanliness and condition of receptacles and to ensure receptacles are for foodstuffs only Number of controls Number of non- conformities Satisfactory Unsatisfactory None None Verbal warning Measures taken where non-conformities detected Written warning Improved in-house controls required Sale prohibited Administrative penalty Court action Other. 1 0 3 2 0 0 0 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 6 3 / 3 9 3. Nutritional labelling claims 3a. Fruit and vegetable juices Member State. Claims on the label in relation to: Number of products sampled and analysed Number of non-conforming products Unauthorised claims Wording on the nutritional label not in conformity Non-correlation between the values declared and the values as analysed above the tolerance Energy value Proteins and their components Carbohydrates and their components Fats and their components Vitamins and minerals Action taken in the case of non-conformity None Verbal warning Written warning Written instructions Sale prohibited Administrative penalties Court action Other L 6 3 / 4 0 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s. 1 0 3 2 0 0 0 3. Nutritional labelling claims 3b. Fruit-flavoured milk drinks and yoghurts Member State. Claims on the label in relation to: Number of products sampled and analysed Number of non-conforming products Unauthorised claims Wording on the nutritional label not in conformity Non-correlation between the values declared and the values as analysed above the tolerance Energy value Proteins and their components Carbohydrates and their components Fats and their components Vitamins and minerals Action taken in the case of non-conformity None Verbal warning Written warning Written instructions Sale prohibited Administrative penalties Court action Other. 1 0 3 2 0 0 0 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n C o m m u n i t i e s L 6 3 / 4 1