No C 20/6 Official Journal of the European Communities 27.1 87
Proposal for a Council Directive on the official inspection of foodstuffs
COM(86) 747final
(Submitted by the Commission to the Council on 30 December 1986)
(87/C 20/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100
thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Par-
liament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas trade in foodstuffs is one of the most important
aspects of the common market;
Whereas all the Member States wish to protect the
health and the economic interests of their consumers by
suitable inspections of foodstuffs;
Whereas, however, the differences between the national
legislations with respect to this type of inspection are
such as to represent barriers to the free movement of
goods;
Whereas it is therefore necessary to approximate these
legislations;
Whereas, first of all, the general principles governing the
carrying out of such inspections must be harmonized;
Whereas specific provisions in addition to the general
principles may, if necessary, be adopted subsequently;
Whereas, at the same time as foodstuffs, materials and
articles intended to come into contact with such
foodstuffs must be inspected;
Whereas foodstuffs intended to cross intra-Community
frontiers must be inspected in the same manner as those
intended for marketing in the Member State of
production;
Whereas, to be effective, inspections must be carried out
regularly; whereas they must not be limited as to the
subject, stage or moment at which it is convenient to
carry them out, and whereas they must take the most
suitable forms to guarantee their effectiveness;
Whereas the inspectors must be granted adequate
powers;
Whereas although, on the one hand, undertakings
should not have the right to oppose the inspections, on
the other hand, their legitimate rights must be preserved,
in particular the right to manufacturing secrecy and the
right of appeal;
Whereas the authorities made responsible for the
inspection of foodstuffs may differ from one Member
State to another; whereas it is, therefore, necessary to
publish a list of the competent authorities in the field in
each Member State, with an indication of the territories
for which they are competent, and approved laboratories
for the analyses to be carried out in connection with
such inspections;
Whereas official inspections should be preventive rather
than punitive in nature; whereas forward inspection
programmes should therefore be drawn up at national
level; whereas the Commission should be kept informed
of the content of these programmes and their results;
Whereas the Member States should be allowed a certain
degree of freedom as to the practical means of carrying
out inspections so as not to interfere with systems of
proven worth which are best suited to the particular
situation in each Member State,
HAS ADOPTED THIS DIRECTIVE :
Article 1
1. This Directive lays down the general principles for
the performance of official inspections of foodstuffs.
2. For the purposes of this Directive 'official
inspection of foodstuffs' — hereinafter called 'inspection'
— means an inspection by the competent authorities of
the conformity
— of foodstuffs,
— of materials and articles intended to come into
contact with foodstuffs,
with the provisions aimed at preventing risks to public
health or fraud in the matter of labelling and pres-
entation.
3. This Directive shall apply without prejudice to the
provisions adopted in the context of more specific
Community rules.
4. This Directive shall not apply to metrological
inspections.
27.1. 87 Official Journal of the European Communities No C 20/7
Article 2
1. Member States shall take all necessary measures to
ensure that inspections are carried out in conformity
with this Directive.
2. Member States shall ensure that products intended
for consignment to another Member State are inspected
in the same way as those intended for marketing on their
own territory.
Article 3
1. Inspections shall be carried out:
(a) regularly;
(b) where non-conformity is suspected.
2. Inspection shall cover all stages of production,
manufacture, import into the Community, processing,
storage, transport, distribution and trade.
The competent authority shall, in each case, select the
stage which it considers the most appropriate for its
examination from those listed in the first subparagraph.
It shall take all necessary measures to ensure that
inspections are performed as quickly as possible.
Article 4
Inspection shall comprise one or more of the following
operations in accordance with the conditions laid down
in Articles 5 to 8 in the light of the examination to be
carried out:
(1) inspection;
(2) sampling and analysis;
(3) examination of the staff;
(4) examination of written and documentary material;
(5) examination of any verification systems set up by the
undertaking.
Article 5
1. The following shall be subject to inspection:
(a) the state and use which is made at the different
stages enumerated in Article 3 (2) of the site,
premises, offices, plant, means of transport,
machinery and equipment;
(b) raw materials, ingredients, additives and
technological aids used for the manufacture of
foodstuffs;
(c) semi-finished products;
(d) finished products;
(e) cleaning and maintenance products;
(f) processes used for the manufacture or processing of
foodstuffs;
(g) labelling and presentation of foodstuffs.
2. The operations enumerated in paragraph 1 may,
where necessary, be supplemented by:
— interviews of the head of the undertaking and his
staff,
— the reading of values recorded by measuring in-
struments installed by the undertaking.
Article 6
1. Samples of the products enumerated in Article 5 (1)
(b) to (e) may be taken for the purposes of analysis.
2. The analyses shall be carried out by official labora-
tories or laboratories approved by the competent
authority.
Article 7
Persons who, in the exercise of their activity, come into
contact, whether directly or indirectly, with the materials
and articles referred to in Article 5 (1) (b) to (e) shall be
subject to examination.
The purpose of the examination shall be to check that
the health standards concerning personal cleanliness and
clothing are respected. It shall be carried out without
prejudice to medical examinations.
Article 8
1. The agents responsible for the inspection may take
note of written and documentary material held by the
physical and legal persons at the various stages enum-
erated in Article 3 (2). Written and documentary
material dealing with manufacturing processes shall not,
however, be subject to this examination.
2. The agents responsible for the inspection may also
make copies or take extracts of written and documentary
material submitted to them for examination.
Article 9
1. Member States shall ensure that the responsible for
the inspection have the right to carry out the operations
provided for in Articles 5 to 8.
2. Member States shall prescribe that the physical and
legal persons concerned shall be obliged to undergo any
inspection carried out in conformity with this Directive
and to assist the agents responsible for the inspection in
the accomplishment of their tasks.
Article 10
1. Member States shall take the measures to ensure
that physical and legal persons concerned by the
inspection have a right of appeal with a view to the canc-
ellation or modification of measures taken by the
competent authority subsequent to the inspection.
No C 20/8 Official Journal of the European Communities 27.1.87
2. Member States shall prescribe that the agents
responsible for the inspection shall be bound by pro-
fessional secrecy.
Article 11
1. Competent authorities in the Member States shall
draw up each year a forward programme for sampling,
laying down the minimum number of samples to be
taken for each category of foodstuffs. This number shall
be determined in the light of the importance of these
categories.
Member States shall communicate this programme to the
Commission.
2. Each year, before 1 May, Member States shall send
the Commission details of how the plan provided for in
paragraph 1 is being applied, the number of inspections
carried out and the number of infringements found.
Article 12
Each Member State shall communicate to the
Commission:
—*- a list of the competent authorities and the extent of
their territorial responsibility,
— a list of the official laboratories or laboratories
approved by the competent authorities, which are
responsible for carrying out analyses in connection
with the inspections,
These lists shall be published in the C series of the
Official Journal of the European Communities.
Article 13
Member States shall bring into force by [twelve months
after notification of this Directive] at the latest the laws,
regulations and administrative provisions necessary to
conform to this Directive [not later than twenty-four
months after its notification].
They shall forthwith inform the Commission thereof.
Article 14
This Directive is addressed to the Member States.
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