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Document 01989L0108-20130701
Council Directive of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (89/108/EEC)
Consolidated text: Council Directive of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (89/108/EEC)
Council Directive of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (89/108/EEC)
01989L0108 — EN — 01.07.2013 — 006.001
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COUNCIL DIRECTIVE of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (OJ L 040 11.2.1989, p. 34) |
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REGULATION (EC) No 1882/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 September 2003 |
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REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 |
L 311 |
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L 158 |
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L 236 |
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COUNCIL DIRECTIVE
of 21 December 1988
on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption
(89/108/EEC)
Article 1
For the purposes of this Directive ‘quick-frozen foodstuffs’means foodstuffs
For the purposes of this Directive, ice-cream and other edible ices shall not be regarded as quick-frozen foodstuffs.
This Directive shall apply without prejudice to Community provisions relating to:
the common organization of markets in the agricultural and fisheries sectors;
veterinary hygiene.
Article 2
Only the products defined in Article 1 (2) may bear the names provided for in Articles 8 and 9.
Article 3
Article 4
The cryogenic media authorized, to the exclusion of all others, for use in direct contact with quick-frozen foodstuffs shall be the following:
By way of derogation from the first paragraph, Member States may retain until 31 December 1992 national laws authorizing the use of dichlorodifluoromethane (R 12) as a cryogenic medium.
The purity criteria to be satisfied by those cryogenic media shall be determined, as far as necessary, by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).
Article 5
However, tolerances in the temperature of the product in accordance with good storage and distribution practice shall be permitted during local distribution and in retail display cabinets subject to the following conditions:
these tolerances shall not exceed 3 °C;
they may, however reach 6 °C in retail display cabinets, if and to the extent that the Member States so decide. In that case, the Member States shall select the temperature in the light of stock or product rotation in the retail trade. They shall inform the Commission of the measures taken and of the grounds for those measures.
The Commission shall review the tolerance provided for in the previous subparagraph in the light of technical developments and shall make proposals to the Council if appropriate before 1 January 1993.
Article 6
The Member States shall:
ensure that the equipment used for quick-freezing, storage, transport, local distribution and retail display cabinets is such that compliance with the requirements of this Directive can be guaranteed;
conduct random official checks on the temperature of quick-frozen foodstuffs.
Article 7
Quick-frozen foodstuffs intended for supply to the ultimate consumer must be packed by the manufacturer or packer in suitable pre-packaging which protects them from microbial or other forms of external contamination and against drying.
Article 8
Directive 79/112/EEC shall apply to products covered by this Directive and intended for supply without further processing to the ultimate consumer and to restaurants, hospitals, canteens and other similar mass caterers on the following conditions:
one or more of the following shall be added to the sales name:
in addition to the date of minimum durability, the period during which quick-frozen products may be stored by the purchaser and the storage temperature and/or type of storage equipment required must be indicated;
the labelling of any quick-frozen foodstuff must include a reference from which the batch may be identified;
the label of any quick-frozen foodstuff must bear a clear message of the type ‘do not refreeze after defrosting’.
Article 9
The labelling of the products defined in Article 1 (2) which are not intended for sale to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers shall contain only the following mandatory particulars:
the sales name supplemented in accordance with Article 8 (1) (a) of this Directive;
the net quantity expressed in units of mass;
a reference enabling the batch to be identified;
the name or business name and address of the manufacturer or packer, or of a seller established within the Community.
Article 10
Member States may not, for reasons related to their manufacturing specifications, presentation or labelling, prohibit or restrict the marketing of any of the products defined in Article 1 (2) which comply with this Directive and, with measures taken for its application.
Article 11
The sampling procedures for quick-frozen foodstuffs and the procedures for monitoring their temperature and for monitoring temperatures in the means of transport, warehousing and storage shall be determined by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).
Article 12
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Article 13
The Member States shall take the measures necessary to comply with this Directive. They shall forthwith inform the Commission thereof. The measures taken shall:
In this case, the Member States shall inform the Commission, stating the reasons for their decision.
Article 14
This Directive is addressed to the Member States.
( 1 ) OJ No C 175, 15. 7. 1985, p. 296 and OJ No C 12, 16. 1. 1989.
( 2 ) OJ No C 104, 25. 4. 1985, p. 17.
( 3 ) OJ No L 33, 8. 2. 1979, p. 1.
( 4 ) OJ No L 144, 29. 5. 1986, p. 38.
( 5 ) OJ No L 291, 19. 11. 1969, p. 9.
( 6 ) OJ L 31, 1.2.2002, p. 1.
( 7 ) This Directive was notified to the Member States on 10 January 1989.