COMMISSION IMPLEMENTING DECISION  
of 28 October 2011  
amending Implementing Decision 2011/402/EU on emergency measures applicable to fenugreek 
seeds and certain seeds and beans imported from Egypt  
(notified under document C(2011) 7744)  
(Text with EEA relevance)  
(2011/718/EU)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
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) and (iii) 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 Union 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 risk cannot 
be contained satisfactorily by means of measures taken 
by the Member State(s) concerned.  
(2) Regulation (EC) No 852/2004 of the European 
Parliament and of the Council of 29 April 2004 on 
the hygiene of foodstuffs (  2 ) lays down general rules on 
the hygiene of food stuffs. Those rules include hygiene 
requirements for the production of seeds and beans for 
direct human consumption to be followed by food 
business operators.  
(3) Certain lots of fenugreek seeds imported from Egypt have 
been identified to be the causative agent of an outbreak 
in the Union of Shiga-toxin producing  Escherichia coli  
bacteria (STEC), serotype O104:H4. Accordingly, 
Commission Implementing Decision 2011/402/EU (  3 ) 
introduced a ban on the release for free circulation in 
the Union of seeds and beans from Egypt that fall within 
the CN codes listed in the Annex thereto. The ban 
expires on 31 October 2011.  (4) From 21 to 25 August 2011 the Commission’s Food and 
Veterinary Office conducted an audit in Egypt in order to 
trace back the possible source of infection of the recent  
E. coli  outbreaks (O104:H4 serotype) in the northern part 
of Germany and Bordeaux, France, and to evaluate the 
production and processing conditions of the suspect 
seeds in that third country.  
(5) The findings of the audit and the actions being taken by 
Egypt concerning the shortcomings in the production of 
seeds for human consumption that may potentially be 
sprouted have been evaluated. That evaluation shows that 
the measures introduced by the Egyptian authorities are 
not sufficient to tackle the identified risks.  
(6) According to Article 10 of Regulation (EC) No 
852/2004, the hygiene of imported food should 
comply, among others, with the requirements laid 
down in Annex I of that Regulation. However, the 
actions indicated by the Egyptian authorities do not 
provide sufficient guarantees on an active commitment 
to carry out production in line with Annex I to Regu ­
lation (EC) No 852/2004. The European Food Safety 
Authority (EFSA) will adopt by the end of October 
2011, a scientific opinion on the risk posed by Shiga- 
toxin producing  Escherichia coli  (STEC) and other 
pathogenic bacteria in seeds and sprouts, shoots and 
cress derived from seeds.  
(7) Pending the possible introduction of additional control 
measures based on the EFSA opinion and in order to 
allow the time necessary for the competent authorities 
in Egypt to provide further feedback to the Commission 
and to provide effective guarantees on additional risk 
management measures, the temporary ban on the 
release for free circulation in the Union of seeds and 
beans from Egypt laid down in Implementing Decision 
2011/402/EU should be prolonged until 31 March 2012.  
(8) In order to ensure the effectiveness of this decision to 
avoid import of any goods listed in the Annex, this 
Decision shall apply as from 1 November 2011 
because Implementing Decision 2011/402/EU provided 
that the release of seeds from Egypt as set out in the 
Annex was prohibited until 31 October 2011.  
(9) Implementing Decision 2011/402/EU should therefore 
be amended accordingly.EN 1.11.2011 Official Journal of the European Union L 285/53  
( 1 ) OJ L 31, 1.2.2002, p. 1.  
( 2 ) OJ L 139, 30.4.2004, p. 1.  
( 3 ) OJ L 179, 7.7.2011, p. 10.(10) 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  
Implementing Decision No 2011/402/EU is amended as 
follows:  
(1) Article 2 is replaced by the following:  
‘Article 2  
The release for free circulation in the Union of seeds and 
beans from Egypt as set out in the Annex shall be 
prohibited until 31 March 2012.’;  (2) the Annex is replaced by the text set out in the Annex to 
this Decision.  
Article 2  
This Decision shall apply from 1 November 2011.  
Article 3  
This Decision is addressed to the Member States.  
Done at Brussels, 28 October 2011.  
For the Commission  
John DALLI  
Member of the CommissionEN L 285/54 Official Journal of the European Union 1.11.2011ANNEX  
‘ANNEX  
Seeds and beans from Egypt whose release for free circulation in the Union is prohibited until 31 March 2012:  
CN Code (  1 ) Description  
ex 0704 90 90  Rocket sprouts  
ex 0706 90 90  Beetroot sprouts, radish sprouts  
ex 0708  Sprouts of leguminous vegetables, fresh or chilled  
ex 0709 90 90  Soya bean sprouts  
0713  Dried leguminous vegetables, shelled, whether or not skinned or split  
0910 99 10  Fenugreek seed  
1201 00  Soya beans, whether or not broken  
1207 50  Mustard seeds  
1207 99 97  Other oil seeds and oleaginous fruits, whether or not broken  
1209 10 00  Sugar beet seed  
1209 21 00  Lucerne (alfalfa) seed  
1209 91  Vegetable seeds  
ex 1214 90 90  Lucerne (alfalfa) sprouts  
( 1 ) The ‘CN codes’ mentioned in this Commission Implementing Decision refers to codes specified in Part Two of Annex I to Council  
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff 
(OJ L 256, 7.9.1987, p. 1).’EN 1.11.2011 Official Journal of the European Union L 285/55