. /.WORLD TRADE
ORGANIZATIONG/SPS/N/EEC/207
9 July 2003
(03-3714)
Committee on Sanitary and 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 H ealth and Consumer Protection
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers should be provided in addition, where
applicable):   Brazil nuts in shell (CN 0801 21 00)
4. Regions or countries likely to be affected, to the extent relevant or practicable:
European Communities (EC) member States and Brazil
5. Title, language  and number of pages of the notified document:  Draft Commission
Decision on imposing special conditions on the import of Brazil nuts in shell originating in
or consigned from Brazil (SANCO/0038/2003 – Rev.1) 9 pages.
6. Description of content:
Special conditions imposed on the import of Brazil nuts in shell originating from Brazil
consist of:
- 100% certification by the competent authoritie s of Brazil of all consignments of Brazil
nuts originating in Brazil;
- 100% control at import by the competent authority of the importing member States;
- import through designated points of entry
- provisions for the destination of non-complying consignments (strict conditions for the re-
dispatch to the country of origin);
- measures to be reviewed by May 2004.
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 pestsG/SPS/N/EEC/207
Page 2
8. Nature of the urgent problem(s) and reason for urgent action:
• EC member States have reported to the Commission that high levels of aflatoxins
have been found in Brazil nuts in shell originating from Brazil.  Also an FVOmission performed in January/February 2003 which revealed serious shortcomings
in the storage, transport and processing practices and control systems in place to
prevent aflatoxin contamination in Brazil nuts intended for export to the EU.
• Article 53 of Regulati on (EC) No. 178/2002 of the European Parliament and of the
Council of 28 January 2002 laying down the general principles and requirements offood 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 (Sic.)  "Where it is evident that
food of 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 owninitiative or at the request of a member State, shall immediately adopt measures,depending on the gravity of the situation to safeguard public health".
• These temporary measures will be in constant review or by May 2004 at the latest.
9. International standard, gu ideline or recommendation:
[   ] Codex Alimentarius Commission, [   ] Office International des Epizooties,
[   ] International Plant Prot ection 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/0038/2003-
Rev.1;  Draft Commission Decision imposing special conditions on the import of Brazilnuts in shell originating in or consigned from Brazil (available in all Community
languages, 4 pages).
11. Date of entry into force/period of application (as applicable):   1 July 2003
12. Agency or authority designated to handl e comments:  [   ] National notification
authority, [ X ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:
13. Texts available from:  [   ] National notification authority, [ X ] EC enquiry point,  or
address, fax number and E-mail address (if available) of other body: