. /.  WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/227 
16 December 2003 
 (03-6624) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
 
NOTIFICATION OF EMERGENCY MEASURES 
 
1. Member to Agreement notifying:   EUROPEAN COMMUNITIES
 
If applicable, name of local government involved: 
2. Agency responsible:   General Directorate for Health and Consumer Protection 
3. Products covered (provide tariff item numbe r(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):   Fruits of Capsicum spp . dried and crushed [CN 090420-90] and Curry 
powders [CN 091050] ICS: 67.2 20.10 (Spices and Condiments) 
4. Regions or countries likely to be affected, to the extent relevant or practicable:   
European Communities (EC) member States  and third countries trading with the EC  
5. Title, language  and number of pages of the notified document:  SANCO/4341/2003 
Draft Commission Decision on emergency measures with regard to adulteration by Sudan 
dyes of chilli and chilli products (Available in all EC languages, 6 pages)  
6. Description of content:   
1. The urgent measures notified hereby provide that member States shall prohibit the 
import of chilli and chilli products specifi ed, intended for human consumption 
unless an analytical report accompanying the consignment demonstrates that the 
product does not contain Sudan dyes (Sudan I, Sudan II, Sudan III, Sudan IV or 
Scarlet Red); 
2. The competent authorities in the member States shall ensure that each consignment 
of chilli and chilli products is subject to documentary checks to ensure that the 
requirements of paragraph 1 are complied with;  and 
3. In the absence of such an analytical report, the importer established in the 
Community shall have the product tested to demonstrate that it does not contain Sudan dyes. Pending availability of the analytical report, the product shall be detained under official supervision for 15 working days. 
7. Objective and rationale:  [  X ] food safety, [   ] animal health, [   ] plant protection, 
[   ] protect humans from animal/plant pest or disease, [   ]  protect territory from other 
damage from pests  G/SPS/N/EEC/227 
Page 2  
 
 8. Nature of the urgent problem(s)  and reason for urgent action:    
• Articles 53 and 54 of 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 (OJ L031, 01/02/2002 pp:1-24) 
notified in G/SPS/N/EEC/110 (8 February 2001) provides that where it is evident 
that food or feed originating in the Community or imported from a third country is 
likely to constitute a serious risk to human health (…) the Commission (….) on its 
own initiative or at the request of a memb er State, in the case of food or feed 
imported from a third country should suspe nd the imports of the food or feed in 
question and lay down special conditions for the food or feed in question. 
• A member State informed through the "Rap id Alert System for Food and Feed" the 
findings of the dye Sudan I in imported chilli products.  The initial findings were 
confirmed by other findings in the Eur opean Union and point to an adulteration 
constituting a serious health risk. 
• In implementation of Commission Decision 2003/460/EC of 20 June 2003 on 
emergency measures regarding hot chilli and hot chilli products  (O. J. L154, 
21/06/2003 pp.:114 - 115 ) notified in G/SPS/N/EEC/205 (23 June 2003), member 
States have carried out checks on the presence of the substance concerned and related substances in chilli and chilli products .  There have been findings of Sudan 
I in chilli and chilli products. Other subs tances such as Sudan II, Sudan III and 
Scarlet Red (Sudan IV) have also been found in chilli and chilli products.  A 
number of chilli products including curry powders are concerned. In compliance 
with article 50 of Regulation (EC) No 1 78/2002, all findings were notified through 
the Rapid Alert System for Food and Feed. 
Sudan dyes (Sudan I: CAS N° 842-07-9; Suda n II: CAS N° 3118-97-6; Sudan III: CAS N° 
85-86-9; Sudan IV or Scarlet Red: CAS N° 85-83-6) have been classified as category 3 
carcinogens by the International Agency for Research on Cancer (IARC). 
9. International standard, gu ideline or recommendation:  
[   ] Codex Alimentarius Commission, [   ] Office International des Epizooties, 
[   ] International Plant Protection Convention, [ X ] None  
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:  
10. Relevant documents and language(s) in which these are available:   SANCO/4341/2003 
Draft Commission Decision on emergency measures with regard to adulteration by Sudan 
dyes of chilli and chilli products (Availa ble in all EC languages, 6 pages) 
11. Date of entry into force/period of application (as applicable):    
12. Agency or authority designated to handle comments:  [   ] National notification 
authority, [ X ] EC enquiry point, or ad dress, fax number and E-mail address (if 
available) of other body:   
13. Texts available from:  [   ] National notifica tion authority, [ X ] EC enquiry point,  or 
address, fax number and E-mail address (if available) of other body:  Analytical 
methods for the Screening of Sudan dyes can be provided by the EC Enquiry Point in request.