. /.  WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/257 
30 March 2005 
 (05-1285) 
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:  Commission of the European Communities.  Health & Consumer 
Protection Directorate-General Directorate E – Food Safety:  Plant Health, Animal Health 
and Welfare, International questions.  
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):  Fruits of Capsicum spp.  dried and crushed [CN 090420-90], Curry powders 
[CN 091050], Curcuma [CN 091030] ICS:  67.22 0.10 (Spices and Condiments) and Palm 
Oil [CN 15111090].  
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/709/2003 
Draft Commission Decision on emergency measures regarding chilli, chilli products, 
curcuma and palm oil (available in all EC languages, 6 pages).  
6. Description of content:   
The urgent measures notified hereby provide th at member States shall prohibit the import of 
chilli, chilli products, curcuma and palm oil specified, intended for human consumption unless an analytical report accompanying the consignment demonstrates that the product does not contain Sudan dyes (S udan I, Sudan II, Sudan III, Sudan IV or Scarlet Red); 
The competent authorities in the member States shall ensure that each consignment of chilli, 
chilli products, curcuma and palm oil is subject  to documentary checks to ensure that the 
requirements of paragraph 1 are complied with;  and 
In the absence of such an analytical report,  the importer established in the Community shall 
have the product tested to demonstrate th at it does not contain Sudan dyes.  Pending 
availability of the analytical report, the produc t 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/257 
Page 2  
 
 8. Nature of the urgent problem(s) and reasons 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, 01/02/2005 pp:1-24)  notified in G/SPS/N/EEC/110 (8 
February 2001) provides that where it is evid ent 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 initia tive or at the request of a member State, in 
the case of food or feed imported from a thir d country should suspend the imports of the 
food or feed in question and lay down special conditions for the food or feed in question. 
Member States informed through the "Rapid  Alert System for Food and Feed" of the 
findings of Sudan dyes in imported products such as chilli, chilli products, curcuma and 
palm oil.  These findings were confirmed by ot her findings in the European Union and point 
to an adulteration constituti ng a serious health risk. 
In implementation of Commission Decision 2004/92/EC of 21 January 2004 on emergency 
measures regarding hot chilli ad hot chilli pr oducts (O.J. L27, 30.1.2004 pp.:52-54) 
notified in G/SPS/N/EEC/227 (16 December 2003), member States have carried out checks 
on the presence of the substance concerned a nd related substances in chilli and chilli 
products.  There have been findings of Sudan I, Sudan II, Sudan III and Scarlet Red (Sudan 
IV) in chilli and chilli products.  Sudan dyes have also been found in curcuma and palm oil.  
In compliance with article 50 of Regulation (EC) N°. 178/2002, 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:  CA S N°. 85-83-6) have been classified as category 
3 carcinogens by the International Agency for Research on Cancer (IARC). 
9. International standard, guideline or recommendation: 
[   ] Codex Alimentarius Commission,  [   ] World Organization for Animal Health 
(OIE), [   ] 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/709/2005  
Draft Commission Decision on emergency measures regarding chilli, chilli products, 
curcuma and palm oil (available 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 ] National enquiry point, or address, fax number and E-mail address (if available) of other body:        
13. Texts available from:  [    ] National notification authority, [  X ] National 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 on request.