COMMISSION DIRECTIVE 98/28/EC of 29 April 1998 granting a derogation
from certain provisions of Directive 93/43/EEC on the hygiene of foodstuffs as
regards the transport by sea of bulk raw sugar

(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 from in
receptacles and/or containers/tankers reserved for the transport of foodstuffs,
is not practical and imposes an unduly onerous burden on food businesses when
applied to the transport of raw sugar by sea, which is not intended for use as
food nor as a food ingredient without a full and effective refining process;
Whereas, however, it is necessary to ensure that the granting of a derogation
provides an equivalent level of protection of public health, by attaching
conditions to the terms of such derogation;
Whereas the availability of receptacles and/or containers/tankers reserved for
the transport of foodstuffs by sea is insufficient to serve the continuing
trade in raw sugar, which is not intended for use as food nor as a food
ingredient without a full and effective refining process;
Whereas experience acquired during the past years has shown that refined sugar
is not contaminated where the bulk transport of raw sugar by sea is undertaken
in receptacles and/or containers/tankers which are not reserved for the
transport of foodstuffs; whereas on the other hand it should be established
that receptacles and/or containers/tankers that have been used previously for
transportation have been cleaned effectively and that the cleaning procedure is
considered as critical to the overall safety and wholesomeness of the refined
sugar;
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, shall be without prejudice to the general
provisions of Directive 93/43/EEC;
Whereas the Scientific Committee for Foods has been consulted;
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 provisions of Chapter IV, the second
subparagraph of paragraph 2, 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 of raw sugar by sea which is not intended for use as food
nor as a food ingredient without a full and effective refining process is
permitted in receptacles and/or containers/tankers that are not exclusively
used for the transport of foodstuffs.
2. The receptacles and/or containers/tankers referred to in paragraph 1, shall
be subject to the following conditions:
- prior to loading the raw sugar, the receptacle and/or container/tanker shall
be effectively cleaned to remove residues of the previous cargo and other
soiling and inspected to establish that such residues have been removed
effectively,
- the immediate previous cargo prior to the raw sugar shall not have been a
bulk liquid.

Article 3
1. The food business operator responsible for the transport of the raw sugar by
sea shall keep documentary evidence, accurately describing in detail the
immediate previous cargo carried in the receptacle and/or container/tanker
concerned, and the type and effectiveness of the cleaning process applied prior
to the transport of the raw sugar.
2. The documentary evidence shall accompany the consignment during all stages
of transport to the refinery and a copy shall be retained by the refinery. The
documentary evidence shall be marked in a clearly visible and indelible
fashion, in one or more Community languages, 'This product must be refined
before being used for human consumption`.
3. On request, the food business operator responsible for the transport of the
raw sugar and/or the refining process shall provide the competent official food
control authorities with the documentary evidence referred to in paragraphs 1
and 2.

Article 4
1. Raw sugar which has been transported by sea in receptacles and/or
containers/tankers which are not exclusively reserved for the transport of
foodstuffs shall be subjected to a full and effective refining process before
being considered suitable for use as food or as a food ingredient.
2. The food business operators responsible for the transport and refining
process shall consider the cleaning process undertaken prior to loading of the
raw sugar to be critical to the safety and wholesomeness of the refined sugar
within the meaning of Article 3(2) of Directive 93/43/EEC taking into account
the nature of the previous cargo carried in the receptacle and/or
container/tanker.

Article 5
1. Member States shall bring into force the laws, regulations or administrative
provisions necessary to comply with this Directive on 1 August 1998. They shall
immediately inform the Commission thereof.
2. When Member States adopt these provisions, they shall contain a reference to
this Directive or shall be accompanied by such reference at the time of
official publication. The procedure for such reference shall be adopted by the
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, 29 April 1998.
For the Commission
Martin BANGEMANN
Member of the Commission

(1) OJ L 175, 19. 7. 1993, p. 1.