COMMISSION DECISION
of 9 December 2008
amending Decision 2008/798/EC
(notified under document number C(2008) 8197)
(Text with EEA relevance)
(2008/921/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 downthe general principles and requirements of food law, establishingthe European Food Safety Authority and laying downprocedures in matters of food safety (
1), and in particular
Article 53(1), (b) thereof,
Whereas:
(1) Article 53 of Regulation (EC) No 178/2002 provides for
the possibility to adopt appropriate Communityemergency measures for food and feed imported froma third country in order to protect human health,animal health or the environment, where the riskcannot be contained satisfactorily by means ofmeasures taken by the Member States individually.
(2) High levels of melamine were found in infant milk and
other milk products in China. Melamine is a chemical
intermediate used in the manufacture of amino resinsand plastics and is used as a monomer and as anadditive for plastics. High levels of melamine in foodcan result in very severe health effects.
(3) To counter the risk for health that may result fromexposure to the melamine content of feed and foodproducts, Commission Decision 2008/798/EC imposingspecial conditions governing the import of products
containing milk or milk products originating in or
consigned from China, and repealing CommissionDecision 2008/757/EC, provides for a prohibition toimport into the Community products containing milkor milk products, intended for the particular nutritionaluse of infants and young children, and requires MemberStates to perform systematic checks at import on otherfeed and food containing milk or milk products. ThatDecision also requires Member States to withdraw fromthe market any such product found to contain melaminein excess of 2,5 mg/kg product.(4) According to information made available by the MemberStates through the Rapid Alert System for Feed and Food,high level of melamine have been found recently also inproducts containing soya or soya products importedfrom China. Melamine has also been found inammonium bicarbonate, used in food industry asraising agent. It is therefore appropriate to extend the
measures laid down in Commission Decision
2008/798/EC also to those products.
(5) The measures provided for in this Decision are inaccordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2008/798/EC is amended as follows:
1. In Article 2, paragraph 1 is replaced by the following:
‘Member States shall prohibit the import into the
Community of products containing milk, milk products,soya or soya products intended for the particular nutritionaluse of infants and young children within the meaning ofCouncil Directive 89/398/EEC on foods for particular nutri­tional uses, originating or consigned from China. MemberStates shall also ensure that any such product found after theentry into force of this Decision on the market shall beimmediately withdrawn and destroyed. ’
2. In Article 2, paragraph 2 is replaced by the following:
‘Member States shall carry out documentary, identity and
physical checks, including laboratory analysis, on allconsignments originating in or consigned from China ofammonium bicarbonate intended for food and feed and offeed and food containing milk, milk products, soya or soyaproducts.
Member States may carry out random checks prior to
importing other feed and food products with a highprotein content originating from China.EN 10.12.2008 Official Journal of the European Union L 331/19
(1) OJ L 31, 1.2.2002, p. 1.Such checks shall in particular aim at ascertaining that the
level of melamine, if any, does not exceed 2,5 mg/kgproduct. Consignments shall be detained pending the availa­bility of the results of the laboratory analysis. ’
3. Article 3 is replaced by the following:
‘Feed and food business operators or their representatives
shall give prior notification to the point of control referredto in Article 2(3) of the estimated date and time of arrival ofall consignments originating in or consigned from China offeed and food containing milk, milk products, soya or soyaproducts. ’Article 2
This Decision is addressed to the Member States.
Done at Brussels, 9 December 2008.
For the Commission
Androulla VASSILIOU
Member of the CommissionEN L 331/20 Official Journal of the European Union 10.12.2008