30. 6. 89 Official Journal of the European Communities No L 186/23 COUNCIL DIRECTIVE of 14 June 1989 on the official control of foodstuffs (89/397/EEC) THE COUNCIL .OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (!), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas trade in foodstuffs is one of the most important aspects of the common market; whereas all the Member " States must endeavour to protect the health and economic interests of their citizens; whereas the protection of health must be given unconditional priority and whereas, therefore, official control of foodstuffs must be harimonized and made more effective; ’ Whereas, however, the differences between national legislations with respect to this type of control 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 control must be harmonized; Whereas specific provisions, in addition to the general principles, may, if necessary, be adopted subsequently; Whereas the subject of this Directive is verification of the compliance of foodstuffs with legislation on foodstuffs; whereas such legislation contains provisions on health, rules on composition -and rules on quality designed to protect consumers’ economic interests as well as provisions on consumer information and fair commercial transactions; Whereas, at the same time as foodstuffs, materials and articles intended to come into contact with such foodstuffs should be controlled; Whereas for the purposes of the completion of the internal market, foodstuffs intended to cross intra-Community (1) OJ No C 20, 27. 1. 1987, p. 6, O] No C 88, 5. 4. 1987, p. 14, and O] No C 131, 27. 5. 1989, p. 6. (*) OJ No C 345, 21. 12. 1987, p. 80, and OJ No C 120, 16. 5. 1989. (*) OJ No C 347, 22. 12. 1987, p. 1. frontiers must be inspected with -the same care as those intended for marketing in the Member State of production; Whereas inspection must therefore be based in principle on the provisions in force in the Member State of production;: whereas, however, such a principle should not apply where it has been established to the the satisfaction of the inspecting authority by appropriate means, including the submission of commercial documents, that the product in question is intended for consignment to another Member State and that it complies: with the provisions in force-in that Member State; 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 in order to ensure that inspection procedures are not evaded, it is necessary to provide that Member States shall not exclude a product from appropriate inspection on the grounds that it is intended for ‘export outside the Community; 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 control of foodstuffs may differ from one Member State to another; whereas it is, therefore, desirable 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 control; Whereas official controls should contribute effectively to the prevention of food law infringements; whereas to that end programmes should be drawn up on the basis of appropriate criteria; ’ Whereas, although it is primarily for Member States to lay down their inspection programmes, it is necessary, with a view to the completion and operation of the internal market, to arrange also for coordinated programmes at Community level; Whereas simultaneous implementation of national programmes and coordinated programmes will provide