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COMMISSION DIRECTIVE 96/3/EC
of 26 January 1996 granting a derogation from certain provisions of Council
Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of
bulk liquid oils and fats by sea (Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of
foodstuffs (1), and in particular Article 3 (3) thereof,
Whereas information shows that the application of the second subparagraph of
paragraph 2 of Chapter IV of the Annex to Directive 93/43/EEC relating to the
transport of bulk foodstuffs in liquid, granulate or powdered form in
receptacles and/or containers/tankers reserved for the transport of foodstuffs,
is not practical and imposes an unduly onerous burden on food business when
applied to the transport in sea-going vessels of liquid oils and fats intended
for, or likely to be used for, human consumption;
Whereas, however, it is necessary to ensure that the granting of a derogation
provides equivalent protection to public health, by attaching conditions to the
terms of such derogation;
Whereas the availability of sea-going vessels reserved for the transport of
foodstuffs is insufficient to serve the continuing trade in oils and fats
intended for or likely to be used for human consumption;
Whereas experience acquired during the past years has shown that contamination
of liquid oils and fats can be avoided where tanks used for their transport are
made of readily cleansible materials or where the three previous cargoes are of
such a nature that they do not leave unacceptable contamination; whereas on the
other hand it should be established that tanks that have been used previously
for transportation have been effectively cleaned;
Whereas it is incumbent on Member States by virtue of Article 8 of Directive
93/43/EEC to carry out controls to ensure the application of this Directive;
Whereas this specific derogation should be without prejudice to the general
provisions of Directive 93/43/EEC;
Whereas, pursuant to Article 1 (2) of Directive 93/43/EEC, this derogation
should not concern foods to which more specific Community hygiene rules apply;
Whereas the measures provided for in this Directive are in compliance with the
opinion of the Standing Committee for Foodstuffs,
HAS ADOPTED THIS DIRECTIVE:

Article 1
This Directive derogates from the second subparagraph of paragraph 2 of Chapter
IV of the Annex to Directive 93/43/EEC and lays down equivalent conditions to
ensure the protection of public health and the safety and wholesomeness of the
foodstuffs concerned.

Article 2
1. The bulk transport in sea-going vessels of liquid oils or fats which are to
be processed, and which are intended for or likely to be used for human consumption,
is permitted in tanks that are not exclusively reserved for the transport of
foodstuffs, subject to the following conditions:
(a) that, where the oil or fat is transported in a stainless steel tank, or
tank lined with epoxy resin or technical equivalent, the immediately previous
cargo transported in the tank shall have been a foodstuff, or a cargo from the
list of acceptable previous cargoes set out in the Annex;
(b) that, where the oil or fat is transported in a tank of materials other than
those in point (a), the three previous cargoes transported in the tanks shall
have been foodstuffs, or from the list of acceptable previous cargoes set out
in the Annex.
2. The bulk transport in sea-going vessels of liquid oils or fats which are not
to be further processed, and which are intended for or likely to be used for
human consumption, is permitted in tanks that are not exclusively reserved for
the transport of foodstuffs, subject to the following conditions:
(a) that the tank shall be of stainless steel or lined with epoxy resin or
technical equivalent;
(b) that the three previous cargoes transported in the tank shall have been
foodstuffs.

Article 3
1. The captain of the sea-going vessel transporting, in tanks, bulk liquid oils
and fats intended for or likely to be used for human consumption shall keep
accurate documentary evidence relating to the three previous cargoes carried in
the tanks concerned, and the effectiveness of the cleaning process applied
between these cargoes.
2. Where the cargo has been trans-shipped, in addition to the documentary
evidence required in paragraph 1, the captain of the receiving vessel shall
keep accurate documentary evidence that the transport of the bulk liquid oil or
fat complied with the provisions in Article 2 during previous shipment and of
the effectiveness of the cleaning process used between these cargoes on the
other vessel.
3. Upon request, the captain of the vessel shall provide the competent official
control authorities with the documentary evidence described in paragraphs 1 and
2.

Article 4
This Directive shall be reviewed where one or more Member States, or the
Commission, consider that amendments are necessary in order to take account of
scientific or technical developments. In any case the Annex shall be reviewed
within one year of the entry into force of this Directive.

Article 5
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive on 12 February 1996. They
shall immediately inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to
this Directive or shall be accompanied by such reference at the time of their
official publication. The procedure for such reference shall be adopted by
Member States.

Article 6
This Directive shall enter into force on the day following its publication in
the Official Journal of the European Communities.

Article 7
This Directive is addressed to the Member States.

Done at Brussels, 26 January 1996.
For the Commission
Martin BANGEMANN
Member of the Commission

(1) OJ No L 175, 19. 7. 1993, p. 1.

ANNEX
List of acceptable previous cargoes
>TABLE POSITION>




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