2003D0460 — EN — 21.06.2003 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of20June2003
onemergency measuresregardinghotchilli andhotchilli products
(notified under document number C(2003) 1970)
(TextwithEEArelevance)
(2003/460/EC)
(OJ L 154, 21.6.2003, p. 114)
Corrected by:
►C1Corrigendum, OJ L 186, 25.7.2003, p. 47 (2003/460/EC)
▼B
COMMISSIONDECISION
of20June2003
onemergencymeasuresregardinghotchilliandhotchilliproducts
(notified under document number C(2003) 1970)
(TextwithEEArelevance)
(2003/460/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 Parlia-
ment and of the Council of 28 January 2002 laying down the generalprinciples and requirements of food law, establishing the EuropeanFood Safety Authority and laying down procedures in matters of foodsafety (
1), and in particular Article 54 thereof,
Whereas:
(1)Under Regulation (EC) No 178/2002 the Commission is to
suspend the placing on the market or use of a food or feed thatis likely to constitute a serious risk to human health, and takeany other appropriate interim measure when such risk cannot be
contained satisfactorily by means of measures taken by the
Member States concerned.
(2)On 9 May 2003, France sent information through the rapid alert
system for food and feed relating to discovery of the dye Sudan
red 1 in hot chilli products originating from India. There is noevidence that products of Community origin are concerned bysuchfindings
(3)Available experimental data indicate that Sudan red 1 may be agenotoxic carcinogen. It is, therefore, not possible to establish atolerable daily intake. Sudan red 1 may also exert sensitisingeffects by dermal route or inhalation. It has also been classifiedas a category 3 carcinogen by the International Agency for
Researchon Cancer (IARC).
(4)Therefore the findings reported by France point to an adultera-
tion constituting a serious health risk.
(5)On 5 June 2003, in the light of the possible extent of theproblem, France adopted interim protective measures andinformed the Commission thereof.
(6)Accordingly, the Commission must put the matter before theStanding Committee on the Food Chain and Animal Healthwithin 10 working days of the measures having been adopted
by France, witha view to th e extension, amendment or abroga-
tion of the national interim protective measures.
(7)Given the seriousness of the health threat, it is necessary toextend the measures taken by France to the whole Community.
Moreover, account should be taken of potential triangular trade,
especially for products for which there is no official certificationof origin. In order to protect public health, it is appropriate torequire that consignments of hot chilli and hot chilli productsimported into the Community in whatever form, intended for
human consumption, should be accompanied by an analytical
report provided by the importer or food business operatorconcerned demonstrating that the consignment does not containSudan red 1. For the same reason, Member States shall carryout random sampling and analysis of hot chilli and hot chilliproducts at import or already on the market.2003D0460 — EN — 21.06.2003 — 000.001 — 2
(1) OJ L 31, 1.2.2002, p. 1.
▼B
(8)It is appropriate to order the destruction of adulterated hot chilli
and hot chilli products to avoid their introduction into the food
chain.
(9)Since the measures provided for in this Decision have an impacton the control resources of the Member States, the results ofthese measures should be evaluated at the latest after 12 monthsin order to assess whether they are still necessary for the protec-
tion of public health.
(10)This evaluation should take account of the results of all analyses
carried out by the competent authorities.
(11)The measures provided for in this Decision are in accordancewith the opinion of the Standing Committee on the Food Chainand Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Scope
This Decision applies to the following hot chilli and hot chilli products,
in whatever form, intended for human consumption:
— Fruits of the genus Capsicum , dried and crushed or ground
within CN code 0904 20 90.
Article 2
Conditionsforimportofhotchilli andhotchilli products
1. Member States shall prohibit the import of hot chilli and hot chilli
products defined in Article 1 unless an analytical report accompanyingthe consignment demonstrates that the product does not contain Sudanred 1►
C1(CAS No 842-07-9). ◄
2. The competent authorities in the Member States shall check that
each consignment of hot chilli and hot chilli products presented forimportation is accompanied by a report as provided for in paragraph1.
3. In the absence of such an analytical report, the importer estab-
lished in the Community shall have the product tested to demonstratethat it does not contain Sudan red 1. Pending availability of the analy-tical report, the product shall be detained under official supervision.
Article 3
Samplingandanalysis
1. Member States shall take appropriate measures, including random
sampling and analysis of hot chilli and hot chilli products presented forimportation or already on the market in order to verify the absence of
Sudan red 1. They shall inform the Commission of positive (unfavour-
able) results through the rapid alert system for food and feed. Negative(favourable) results shall be reported to the Commission on a three-monthly basis. This report shall be submitted during the monthfollowing eachquarter (
1).
2. Any consignment subjected to official sampling and analysis may
be detained before release onto the market for a maximum period of 15working days.2003D0460 — EN — 21.06.2003 — 000.001 — 3
(1) April, July, October, January.
▼B
Article 4
Splittingofaconsignment
If a consignment is split, a certified copy of the analytical report
provided for in Article 2(1) shall accompany each part of the split
consignment.
Article 5
Adulteratedconsignments
Products referred to in Article 1 that are found to contain Sudan red 1
shall be destroyed.
Article 6
Recovery ofcosts
In relation to Article 2(1), (3) and Article 5, costs resulting from
analysis, storage and eventual destruction shall be borne by the impor-
ters or food business operators concerned.
Article 7
Reviewofthemeasures
This Decision shall be reviewed by 20 June 2004 at the latest.
Article 8
Addressees
This Decision is addressed to the Member States.2003D0460 — EN — 21.06.2003 — 000.001 — 4