2008/866/EC: Commission Decision of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (notified under document number C(2008) 6732) (Text with EEA relevance)

• Coming into Force: 30 November 2009
• End of Effective Date: 30 November 2018
• Celex Number: 32008D0866
• ELI: http://data.europa.eu/eli/dec/2008/866/oj
• Published date: 18 November 2008
• Date: 12 November 2008
• Official Gazette Publication: Official Journal of the European Union, L 307, 18 November 2008

18.11.2008 EN Official Journal of the European Union L 307/9

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COMMISSION DECISION

of 12 November 2008

on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption

(notified under document number C(2008) 6732)

(Text with EEA relevance)

(2008/866/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)(b)(i) thereof,

Whereas:

(1) Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Community and national level. It provides for emergency measures where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment and that such a risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.

(2) An outbreak of Hepatitis A in humans has been confirmed in the Community. The origin of the disease has been identified to be the consumption of certain bivalve molluscs imported from Peru that were contaminated with the hepatitis A virus (HAV).

(3) The contaminated bivalve molluscs are Donax clams (Donax spp) and the origin of the contamination is most likely a viral contamination of the water of the production areas. Other bivalve molluscs could therefore also be contaminated.

(4) Since the consumption of those bivalve molluscs presents a serious risk for human health it is appropriate to suspend imports into the Community of bivalve molluscs from Peru.

(5) Considering the seriousness of the contamination, the suspension should also apply to bivalve molluscs that have been dispatched to the Community before this Decision comes into effect but which arrive at the Community border inspection posts after that date.

(6) The suspension of those imports should be provided for at Community level in order to ensure the effective and uniform protection of consumer health in all Member States.

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