2005/402/EC: Commission Decision of 23 May 2005 on emergency measures regarding chilli, chilli products, curcuma and palm oil (notified under document number C(2005) 1454) (Text with EEA relevance)

• Published date: 12 December 2006
• Subject Matter: Foodstuffs,public health

28.5.2005 EN Official Journal of the European Union L 135/34

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COMMISSION DECISION

of 23 May 2005

on emergency measures regarding chilli, chilli products, curcuma and palm oil

(notified under document number C(2005) 1454)

(Text with EEA relevance)

(2005/402/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1) thereof,

Whereas:

(1) Under Regulation (EC) No 178/2002 the Commission is to suspend the placing on the market or use of a food or feed that is likely to constitute a serious risk to human health, or take any other appropriate interim measure when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned.

(2) Under Commission Decision 2004/92/EC of 21 January 2004 on emergency measures regarding chilli and chilli products (2), Member States have carried out checks for the presence of the chemical substances Sudan I, Sudan II, Sudan III and Scarlet Red (Sudan IV). Those substances have been found in chilli and chilli products as well as curcuma or palm oil. All findings were notified through the Rapid Alert System for food and feed pursuant to Article 50 of Regulation (EC) No 178/2002.

(3) Sudan I, Sudan II, Sudan III and Scarlet red (Sudan IV) have been classified as category 3 carcinogens by the International Agency for Research on Cancer (IARC).

(4) The extent of the findings points to an adulteration constituting a serious health risk.

(5) Given the seriousness of the health threat, it is necessary to maintain the measures provided for in Decision 2004/92/EC and to extend them to curcuma and palm oil. Moreover, account should be taken of the possibility of triangular trade, especially for food products for which there is no official certification of origin. In order to protect public health, it is appropriate to require that consignments of chilli, chilli products, curcuma and palm oil imported into the Community in whatever form, intended for human consumption, should be accompanied by an analytical report provided by the importer or food business operator concerned demonstrating that the consignment does not contain Sudan I, Sudan II, Sudan III or Scarlet red (Sudan IV).

(6) The analytical report accompanying the consignments of chilli, chilli products, curcuma and palm oil should be an original document endorsed by the competent authorities from the country emitting the document. These measures aim to improve the guarantees offered by the document.

(7) Member States should also be required to carry out random sampling and analysis of chilli, chilli products, curcuma and palm oil presented for importation or already on the market.

(8) It is appropriate to order the destruction of adulterated chilli, chilli products, curcuma and palm oil to avoid their introduction into the food chain.

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