2002D0069 — EN — 14.07.2002 — 002.001 — 1
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►B COMMISSIONDECISION
of30January2002
concerning certain protective measures with regard to the products of animal origin imported
fromChina
(notified under document number C(2002) 387)
(TextwithEEArelevance)
(2002/69/EC)
(OJ L 30, 31.1.2002, p. 50)
Amended by:
Official Journal
No page date
►M1Commission Decision 2002/441/EC of 10 June 2002 L 151 16 11.6.2002
►M2Commission Decision 2002/573/EC of 10 July 2002 L 181 21 11.7.2002
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COMMISSIONDECISION
of30January2002
concerningcertainprotectivemeasureswithregardtotheproducts
ofanimaloriginimportedfromChina
(notified under document number C(2002) 387)
(TextwithEEArelevance)
(2002/69/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997
laying down the principlesgoverning the organization of veterinarycheckson productsentering the Community from third countries (
1),
and in particular Article 22(1) thereof,
Whereas:
(1)Under Directive 97/78/EC the necessary measures must be
adopted asregardsthe import of certain productsfrom thirdcountries where any cause likely to constitute a serious risk toanimal or human health appearsor iss preading.
(2)Under Directive 95/53/EC fixing the principlesgoverning theorganisation of official inspections in the field of animal nutri-tion(
2) the necessary measures must be adopted as regards the
import of certain productsfrom third countriesand intended for
animal nutrition, where any cause likely to constitute a serious
danger to animal or human health appearsor iss preading.
(3)Under Council Directive 96/23/EC on measures to monitor
certain substances and residues thereof in live animals and
animal productsand repealing Directives85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(
3), the
production process of animals and primary products of animalorigin shall be monitored for the purpose of detecting thepresence of certain residues and substances in live animals, their
excrements and body fluids and in tissue, animal products,
animal feed and drinking water.
(4)Following the detection of chloramphenicol in certain aquacul-
ture and fishery products imported from China, the Commission
adopted Decision 2001/699/EC, concerning certain protectivemeasures with regard to certain fishery and aquaculture productsintended for human consumption and originating in China andVietnam(
4).
(5)Furthermore, an inspection visit to China carried out on the spotby Community experts has identified serious shortcomings asregardsveterinary medicinesregulation and the res idue controlsystem in live animals and animal products, which may lead to
the presence of harmful residues, including chloramphenicol, in
products intended for human or animal consumption, presentinga risk to their health.
(6)The inspection visit has also revealed a severe non-observanceby the Chinese competent authorities of the numerous commit-ments and guarantees they have provided to the Commission, asregard the control of residues and substances which may be adanger to public and animal health.
(7)Therefore it is necessary to suspend the imports of products ofanimal origin from China intended for human or animal2002D0069 — EN — 14.07.2002 — 002.001 — 2
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 333, 29.12.2000, p. 81.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 251, 20.1.2001, p. 11.
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consumption. Nevertheless, a derogation should be provided for
casings and fishery products except crustaceans, which arecaught, frozen and packed in their final packaging at sea and
landed directly on Community territory, such products not being
concerned by the risk identified above.
(8)Also, with a view to minimize negative trade effects in a mannerproportionate to the management of the risk, this Decisionauthorizesthe importsinto the Community, during a period of
6 weeks, of consignments which have left China before the entry
into force of this Decision, on condition that they are subjectedto intensified monitoring and testing to ensure their safety.
(9)This Decision shall be reviewed in the light of informationprovided by the competent authoritiesof China, any res ultsfrom the increased monitoring and testing carried out by
Member Stateson cons ignmentsarriving before 14 March 2002
and, if necessary, on the basis of the results of a new inspectionvisit carried out on the spot by Community experts.
(10)The measures provided for in this Decision are in accordancewith the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to all products of animal origin imported
from China and intended for human consumption or animal feed use.
Article 2
1. Member Statess hall prohibit the importsof productsreferred in
Article 1.
2. By derogation from paragraph 1, Member States shall authorise
the imports of products listed in Annex I and II of the present Decisionin accordance with the following provisions, in addition to the provi-sions of Directive 97/78/EC. In the case of products listed in AnnexII, imports shall be authorized only if the results of the test referred to
in Article 3 are favourable.
Article 3
1. Until 30 September 2002 Member States shall, using appropriate
sampling plans and detection methods, subject 20 % of all consign-mentsof productsimported from China and lis ted in the Annex II tothe present Decision, to a chemical test in order to ensure that theproducts concerned do not present a hazard to human health. This test
must be carried out, in particular, with a view to detecting the presence
of residues of veterinary drugs, pesticides, contaminants and prohibitedsubstances.
2. Member States shall immediately inform the Commission of the
results of the test referred to in paragraph 1, by means of the Rapid
Alert System for food and feed, set up by Regulation (EC) No 178/2002.
Article 4
All expenditures incurred by the application of this Decision shall be
charged to the consignor, the consignee or their agent.
Article 5
Member States shall modify the measures they apply to trade to bring
them into line with this Decision. They shall immediately inform theCommission thereof.2002D0069 — EN — 14.07.2002 — 002.001 — 3
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Article 6
This Decision shall be reviewed on the basis of the information and
guarantees provided by the Chinese competent authorities, the results
of the tests referred to in Article 3 and, if necessary, the results of an
on the spot inspection visit by Community experts.
Article 7
This Decision is addressed to the Member States.2002D0069 — EN — 14.07.2002 — 002.001 — 4
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ANNEX I
List of products of animal origin intended for human consumption or
animalfeeduseauthorisedtobeimportedintotheCommunity
— Fishery products, which are caught, frozen and packaged in their final
packaging at sea and landed directly on Community territory, excluding all
crustaceans except those caught in the Atlantic Ocean referred to below, and
excluding: entire fish, fish deheaded and gutted and fish fillets from species
listed in Annex II which require testing
— Entire crustaceans caught in the Atlantic Ocean, which have not undergone
any preparation or processing operation other than freezing and packaging in
their final package at sea and landed directly on Community territory
— Gelatine2002D0069 — EN — 14.07.2002 — 002.001 — 5
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ANNEX II
List of products of animal origin intended for human consumption or
animal feed use authorised to be imported into the Community, subject to
achemical testundertheconditionsofArticle3
— Entire fish, fish de-headed and gutted, and fish fillets from the following
species caught at sea:
— Alaska Pollack ( Theragra chalcogramma )
— Cod ( Gadus spp.)
— Redfish ( Sebastes spp.)
— Blue Whiting ( Micromesistius poutassou )
— Halibut ( Reinhardtius spp.)
— Haddock ( Melanogrammus aeglefinus )
— Herring ( Clupea spp.)
— Yellowfin sole ( Limanda spp.)
— Cephalopods( Sepiidae ,Sepiolidae ,Loliginidae ,Ommastrephidae ,Octo-
podidae )
— Plaice ( Pleuronectes platessa )
— Pacific Salmon ( Oncorhynchus keta ,O .kisutch,O .nerka,O .gorbuscha )
— Filletsof Salmon ( Salmon salar )
— Casings2002D0069 — EN — 14.07.2002 — 002.001 — 6