2002D0251 — EN — 01.08.2003 — 002.001 — 1
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►B COMMISSIONDECISION
of27March2002
concerningcertainprotective measureswithregardtopoultrymeatandcertainfisheryandaqua-
cultureproductsintendedforhumanconsumptionandimportedfromThailand
(notified under document number C(2002) 1319)
(TextwithEEArelevance)
(2002/251/EC)
(OJ L 84, 28.3.2002, p. 77)
Amended by:
Official Journal
No page date
►M1Commission Decision 2003/477/EC of 24 June 2003 L 158 61 27.6.2003
►M2Commission Decision 2003/559/EC of 28 July 2003 L 189 52 29.7.2003
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COMMISSIONDECISION
of27March2002
concerningcertainprotectivemeasureswithregardtopoultrymeat
and certain fishery and aquaculture products intended for human
consumptionandimportedfromThailand
(notified under document number C(2002) 1319)
(TextwithEEArelevance)
(2002/251/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 general
principles and requirements of food law, establishing the EuropeanFood Safety Authority and laying down procedures in matters of foodsafety (
1), and in particular Article 53(1) thereof,
Having regard to Council Directive 97/78/EC of 18 December 1997
laying down the principles governing the organisation of veterinary
checks on products entering the Community from third countries (2),
and in particular Article 22(1) thereof,
Whereas:
(1)As regards, in particular, food, Article 53(1)(b)(iii) of Regulation
(EC) No 17/2002 provides for the adoption of any appropriate
interim measure where it is evident that food imported from a
third country is likely to constitute a serious risk to humanhealth, animal health or the environment.
(2)In accordance withDirective 97/78/EC, th e necessary measuresmust be adopted as regards the import of certain products fromthird countries where anything likely to constitute a seriousdanger for animal or human health appears or develops.
(3)The presence of nitrofurans has been detected in poultrymeatand shrimps intended for human consumption and imported
from Thailand.
(4)Since the presence of this substance presents a potential risk forhuman health, all consignments of poultrymeat and shrimps
imported from Thailand should be sampled and analysed in orderto demonstrate their wholesomeness.
(5)Regulation (EC) No 178/2002 has set up the Rapid Alert Systemfor Food and recourse to it is appropriate for implementing themutual information requirement laid down in Directive 97/78/EC.
(6)This Decision will be reviewed in the light of the guaranteesoffered by the competent Thai authorities and on the basis of
the results of the tests carried out by the Member States.
(7)The measures provided for in this Decision are in accordancewith the opinion of the Standing Committee on the Food Chain
and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to poultrymeat and shrimps imported from
Thailand.2002D0251 — EN — 01.08.2003 — 002.001 — 2
(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 24, 30.1.1998, p. 9.
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Article 2
1. Member States shall, using appropriate sampling plans and detec-
tion methods, subject 20 % of consignments of poultrymeat imported
from Thailand certified from the date of 21 September 2002, and eachconsignment of shrimps and poultrymeat imported from Thailand andaccompanied by a health certificate issued before the date of 21September 2002, to a chemical test in order to ensure that the productsconcerned do not present a danger to human health. This test must be
carried out, in particular, witha view to detecting th e presence of anti-
microbial substances and in particular nitrofurans and their metabolites.
2. Member States shall immediately inform the Commission of the
results of the test referred in paragraph 1, making use of the RapidAlert System for Food set up by Regulation (EC) No 178/2002.
Article 3
Member States shall not authorise the importation into their territory or
the consignment to another Member State of the products referred to in
Article 1 unless the results of the tests referred to in Article 2 are
favourable.
Article 4
All expenditure incurred in applying this Decision shall be charged to
the consignor, the consignee or their agent.
Article 5
Member States shall amend the measures they apply to imports in order
to bring them into line with this Decision. They shall immediatelyinform the Commission thereof.
Article 6
This Decision shall be reviewed on the basis of the guarantees provided
by the competent Thai authorities and of the results of the tests referredto in Article 2.
Article 7
This Decision is addressed to the Member States.2002D0251 — EN — 01.08.2003 — 002.001 — 3
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