WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/365 
10 December 2009  
 (09-6400) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
1. Notifying Member:  EUROPEAN UNION
 
If applicable, name of local government involved:    
2. Agency responsible:  European Commission. Health & Consumers Directorate-General 
Directorate D – Animal Health and Welfare 
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):   
• Brazil nuts in shell (CN 0801 2100) and mixtures of nuts or dried fruits, containing 
Brazil nuts (CN 0813 50) from Brazil: 
• groundnuts (CN 12021090, 1202 2000, CN 2008 11 91, CN 2008 11 98,  2008 11 
96) from China and Egypt; 
• pistachios (CN 0802 5000, CN 200819 13, 2008 19 93) from Iran and Turkey; 
• dried figs (CN 0804 20 90) from Turkey; 
• hazelnuts (CN 08022100, CN 0802 22 00, CN 2008 19) from Turkey; 
• processed products from hazelnuts, pistachios and figs (CN 0813 50, CN 1106 30 
90, CN 2007 10, CN 2007 99, CN 2008 19); 
• almonds (CN 0802 11, CN 0802 12, CN 2008 1913, CN 2008 1993) and mixtures 
of nuts or dried fruits containing almonds (CN 0813 50) from the United States of America. 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[ ] All trading partners   
[X] Specific regions or countries:  EU member States, Brazil, China, Egypt, Iran, 
Turkey and the United States of America exporting these products to the European Union  
5. Title of the notified document:  " Commission Regulation (EC) No 1152/2009 of 
27 November 2009 imposing speci al conditions governing the import of certain foodstuffs 
from certain countries due to contamination ri sk by aflatoxins and repealing Decision 
2006/504/EC"  Language:  All EU languages  Number of pages:  10  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2009:313:0040:0049:EN:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ:L:2009:313:0040:0049:FR:PDF  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ:L:2009:313:0040:0049:ES:PDF  
or G/SPS/N/EEC/365 
Page 2  
 
  http://members.wto.org/crnattach ments/2009/sps/EEC/09_4325_00_e.pdf
 
http://members.wto.org/crnattachments/2009/sps/EEC/09_4325_00_f.pdf  
http://members.wto.org/crnattach ments/2009/sps/EEC/09_4325_00_s.pdf  
6. Description of content:  It concerns an amendment to an existing safeguard measure.  
In the light of the number and nature of RASFF - notifications, the outcome of FVO 
inspections and the outcome of controls, th e existing control frequencies laid down in 
Commission Decision 2006/504/EC of 12 Ju ly 2006 on special conditions governing 
certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins  are no longer appropr iate.  Therefore these control frequencies have 
been reviewed to take into account of, inter alia , developments as regards aflatoxin 
contamination of certain products  covered by that Decision. 
Further modifications intend to facilitate and to improve the enforcement and effectiveness 
of controls (prior notification of arrival of shipments, only compound products containing 
20 per cent (previously 10 per cent) of the produc ts concerned are covered, increase of the 
limit of 5 kg to 20 kg for consignments falling out  of scope) and to adjust the CN codes for 
certain food categories to changes in th e Combined Nomenclature (CN) code.  
Finally, experience gained in recent years i ndicates that the additional conditions as regards 
the fate of non-compliant consignments of unshelled Brazil nuts from Brazil are no longer 
appropriate and the transitional provisions as regards the laboratories for the control of 
aflatoxins in almonds from the United States are no longer necessary. 
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.    
8. Is there a relevant international stan dard?  If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)   
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)    
[ ] International Plant Protection Convention (e.g. ISPM number)    
[X] None Does this proposed regulation conform to the relevant international standard?   
 [ ] Yes   [ ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language (s) in which these are available:      
10. Proposed date of adoption (dd/mm/yy) :  27 November 2009 
Proposed date of publication (dd/mm/yy) :  1 January 2010 
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  18 December 2009 
[X] Trade facilitating measure    G/SPS/N/EEC/365 
 Page 3 
 
 
  12. Final date for comments:  [ ] Sixty days from the date of circulation of the notification 
and/or (dd/mm/yy) :  Not applicable 
Agency or authority designated to handle comments:  [X] National Notification 
Authority, [X] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:  sps@ec.europa.eu 
13. Texts available from:  [X] National Notification Authority, [X] National Enquiry 
Point.  Address, fax number and e-mail address (if available) of other body:  
sps@ec.europa.eu