COMMISSION DECISION
of 25 June 2007
amending Decision 2006/504/EC on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins
(notified under document number C(2007) 3020)
(Text with EEA relevance)
(2007/459/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 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)(ii) thereof,
Whereas:
(1)
Commission Decision 2006/504/EC (2) establishes special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins.
(2)
The application of Decision 2006/504/EC has revealed that certain amendments are necessary. The list of designated points of import through which the products covered by that Decision may be imported into the Community should be updated, particularly in the framework of the accession of Bulgaria and Romania to the European Union.
(3)
For the protection of public health it is important that compound foodstuffs containing to a significant amount the foodstuffs covered by this Decision are also within the scope of this Decision. A threshold of 10 % is established. Competent authorities may control at random for the presence of aflatoxins compound foodstuffs containing less than 10 % of foodstuffs covered by this Decision. In case monitoring data indicate that compound foodstuffs containing less than 10 % of foodstuffs covered by this Decision have been found in several cases to be non-compliant with the EU legislation on maximum levels for aflatoxins, this threshold should be reviewed.
(4)
Decision 2006/504/EC provides that Member State may only permit imports of certain foodstuffs where the consignment is accompanied by, inter alia, a health certificate. That requirement applies from 1 October 2006. In order to avoid differences in the implementation of that Decision, it appears necessary to clarify that the requirement regarding the health certificate relates to the consignments which left the country of origin from 1 October 2006 onwards.
(5)
Moreover, the model health certificate set out in that Decision should be amended by a separation of the health certificate to be completed by the competent authorities of the country of origin of the foodstuffs covered by Commission Decision 2006/504/EC from the information to be provided by the competent authorities of the Member States. Furthermore the common document containing the information on the checks performed has to be amended to provide also for the situation where the competent authority at the point of introduction into the Community is different from the competent authority at the designated point of import, or where a physical check is not mandatory.
(6)
Commission Decision 2006/504/EC should therefore be amended accordingly.
(7)
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
Decision 2006/504/EC is amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
Scope
This Decision shall apply to the foodstuffs referred to in points (a) to (e) and to processed and compound foodstuffs derived from or containing a significant amount of the foodstuffs referred to in points (b) to (e). However, it shall not apply to consignments of foodstuffs with a gross weight not exceeding 5 kg.
Foodstuffs shall be considered as containing a significant amount of the foodstuffs referred to in points (b) to (e), where they are present therein in a quantity of at least 10 %.
(a)
The following foodstuffs originating in or consigned from Brazil:
(i)
Brazil nuts in shell falling within category CN code 0801 21 00;
(ii)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell;
(b)
The following foodstuffs originating in or consigned from China:
(i)
peanuts falling within CN code 1202 10 90 or 1202 20 00;
(ii)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
(iii)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
(c)
The following foodstuffs originating in or consigned from Egypt:
(i)
peanuts falling within CN code 1202 10 90 or 1202 20 00;
(ii)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
(iii)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
(d)
The following foodstuffs originating in or consigned from Iran:
(i)
pistachios falling within CN code 0802 50 00;
(ii)
roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);
(e)
The following foodstuffs originating in or consigned from Turkey:
(i)
dried figs falling within CN code 0804 20 90;
(ii)
hazelnuts (Corylus spp.) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00;
(iii)
pistachios falling within CN code 0802 50 00;
(iv)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios;
(v)
fig paste and hazelnut paste falling within CN code 2007 99 98;
(vi)
hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19;
(vii)
flour, meal and powder of hazelnuts, figs and pistachios falling within CN code 1106 30 90;
(viii)
cut, sliced and broken hazelnuts.’.
2.
In Article 3:
(a)
paragraph 3 is replaced by the following:
‘3. The competent authorities in the Member State of introduction shall ensure that the foodstuffs intended for import into the Community are subject to documentary checks to ensure that the requirement for the results of sampling and analysis and the health certificate provided for in paragraph 1 are complied with.’;
(b)
the following paragraph 7 is added:
‘7. The competent authorities at the points of introduction into the Community and at the designated point of import shall complete the common document for checks performed on foodstuffs covered by this Decision, as set out in Annex III, certifying the checks carried out on foodstuffs covered by this Decision.’.
3.
in Article 5:
(a)
in paragraph 2, point (e) is replaced by the following:
‘(e)
approximately 5 % of the consignments for each category of hazelnuts and derived products referred to in point (e)(ii), (iv), (v), (vi), (vii) and (viii) of the second paragraph of Article 1 and derived products from such hazelnuts from Turkey and approximately 10 % of the consignments of other categories of foodstuffs from Turkey;’;
(b)
in paragraph 3, the second sentence is replaced by the following:
‘The competent authorities at the designated point of import shall ensure that the completed common document for checks performed on foodstuffs covered by this Decision, as set out in Annex III, is accompanied by the results of their sampling and analysis.’.
4.
Article 8, paragraph 2 is replaced by the following:
‘2. All costs related to official measures taken by the competent authorities as regards non-compliance of consignments of foodstuffs referred to in Article 1(a) to (e) and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in these points shall be borne by the food business operator responsible for the consignment or its representative.’.
5.
The following Article 10a is inserted:
‘Article 10a
Transitional provisions
By way of derogation from Article 3(1), Member States shall authorise the imports of consignments which left the country of origin prior to 1 October 2006, accompanied by a health certificate as provided for by Commission Decision 2000/49/EC (3) as regards foodstuffs from Egypt, Commission Decision 2002/79/EC (4) as regards foodstuffs from China, Commission Decision 2002/80/EC (5) as regards foodstuffs from Turkey, Commission Decision 2003/493/EC (6) as regards foodstuffs from Brazil and Commission Decision 2005/85/EC (7) as regards foodstuffs from Iran.
6.
Annex I is replaced by the text in Annex I to this Decision.
7.
Annex II is replaced by the text in Annex II to this Decision.
8.
The text in Annex III to this Decision is added as Annex III.
Article 2
This Decision shall apply from 1 July 2007.
However, Article 1(5) shall apply from 1 October 2006 and Article 1(7) shall apply from 1 January 2007.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 June 2007.