L_2006199EN.01002101.xml
| 21.7.2006 | EN | Official Journal of the European Union | L 199/21 |
COMMISSION DECISION
of 12 July 2006
on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins
(notified under document number C(2006) 3113)
(Text with EEA relevance)
(2006/504/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)(ii) thereof,
Whereas:
| (1) | The Scientific Committee for Food has noted that aflatoxin B1 is a potent genotoxic carcinogen and, even at extremely low levels, contributes to the risk of liver cancer. |
| (2) | Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2) lays down maximum levels for certain contaminants and in particular aflatoxins that are permitted in foodstuffs. Those limits for aflatoxins have been regularly exceeded in certain foodstuffs from certain third countries. |
| (3) | Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt special conditions at Community level. |
| (4) | Commission Decision 2000/49/EC of 6 December 1999 repealing Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt (3) lays down special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt. |
| (5) | Commission Decision 2002/79/EC of 4 February 2002 imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China (4) lays down special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China. |
| (6) | Commission Decision 2002/80/EC of 4 February 2002 imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey (5), lays down special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey. |
| (7) | Commission Decision 2003/493/EC of 4 July 2003 imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil (6) lays down special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil. |
| (8) | Commission Decision 2005/85/EC of 26 January 2005 imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran (7), lays down special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran |
| (9) | Many of the special conditions for imports of the foodstuffs covered by Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC from Brazil, China, Egypt, Iran and Turkey are the same. Accordingly, in the interest of clarity of Community legislation, it is appropriate to set out the special conditions for the import of those foodstuffs from those third countries due to contamination of those products by aflatoxins in a single Decision. |
| (10) | Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (8) establishes at Community level a harmonised framework of general rules for the organisation of official controls. |
| (11) | For some foodstuffs from certain third countries, specific additional measures are necessary. |
| (12) | The measures provided for in this Decision, in particular as regards foodstuffs from Iran and Brazil, have a significant impact on the control resources of the Member States. It is therefore appropriate to require that all costs resulting from sampling, analysis, storage and all costs resulting from official measures taken as regards non-compliant consignments related to the official controls of foodstuffs from Iran and Brazil pursuant to this Decision are to be borne by the importers or food business operators concerned. |
| (13) | From the findings of the Commission's Food and Veterinary Office (FVO) mission, it may be concluded that Brazil cannot currently ensure reliable analytical results or guarantee lot integrity in respect of certification of consignments of unshelled Brazil nuts. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to restrict the analyses to the official laboratory which can provide guarantees as regards the analytical results and to impose strict conditions regarding the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed. |
| (14) | In the interests of public health, Member States should keep the Commission informed through quarterly reports of all results of official controls carried out in respect of consignments of foodstuffs covered by this Decision. Such reports shall be in addition to the notification obligations under the rapid alert system for food and feed established by Regulation (EC) No 178/2002. |
| (15) | It is important to ensure that the sampling and analysis of consignments of foodstuffs covered by this Decision are performed in a harmonised manner throughout the Community. Accordingly the sampling and analysis to be performed under this Decision should be carried out in accordance with the provisions of Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (9). |
| (16) | The operation of this Decision should be kept under review on the basis of the guarantees provided by the competent authorities of the third countries concerned and of the results of the official controls carried out by Member States in order to assess whether the special conditions provide a sufficient level of protection of public health within the Community and whether they are still needed. |
| (17) | Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC should accordingly be repealed. |
| (18) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
HAS ADOPTED THIS DECISION:
Article 1
Scope
This Decision shall apply to the foodstuffs referred to in points (a) to (e) and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in points (a) to (e).
Foodstuffs shall be considered as containing the foodstuffs when such foodstuffs are listed as ingredients on the label or packaging in accordance with Article 6 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs (10):
| (a) | the following foodstuffs imported from Brazil:
| (i) | Brazil nuts in shell falling within category CN code 0801 21 00; |
| (ii) | mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell; | |
| (b) | the following foodstuffs imported from China:
| (i) | peanuts falling within CN code 1202 10 90 or 1202 20 00; |
| (ii) | peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg); |
| (iii) | roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg); | |
| (c) | the following foodstuffs imported from Egypt:
| (i) | peanuts falling within CN code 1202 10 90 or 1202 20 00; |
| (ii) | peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg); |
| (iii) | roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg); | |
| (d) | the following foodstuffs imported from Iran:
| (i) | pistachios falling within CN code 0802 50 00; |
| (ii) | roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg); | |
| (e) | the following foodstuffs imported from Turkey:
| (i) | dried figs falling within CN code 0804 20 90; |
| (ii) | hazelnuts (Corylus sp) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00; |
| (iii) | pistachios falling within CN code 0802 50 00; |
| (iv) | mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios; |
| (v) | fig paste and hazelnut paste falling within CN code 2007 99 98; |
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