2002D0994 — EN — 03.02.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of20December 2002
concerning certain protective measures with regard to the products of animal origin imported
fromChina
(notified under document number C(2002) 5377)
(TextwithEEArelevance)
(2002/994/EC)
(OJ L 348, 21.12.2002, p. 154)
Amended by:
Official Journal
No page date
►M1Commission Decision 2003/72/EC of 30 January 2003 L 26 84 31.1.2003
▼B
COMMISSIONDECISION
of20December 2002
concerningcertainprotectivemeasureswithregardtotheproducts
ofanimaloriginimportedfromChina
(notified under document number C(2002) 5377)
(TextwithEEArelevance)
(2002/994/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 principles governing the organisation of veterinary
checks on products entering 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 as regards the import of certain products from third
countries where any cause likely to constitute a serious risk toanimal or human health appears or is spreading.
(2)Under Council Directive 95/53/EC of 25 October, 1995 fixing
the principles governing the organisation of official inspections
in the field of animal nutrition(2), as last amended by Directive
2001/46/EC of the European Parliament and of the Council(3),
the necessary measures must be adopted as regards the importof certain products from third countries and intended for animalnutrition, where any cause likely to constitute a serious danger to
animal or human health appears or is spreading.
(3)Under Council Directive 96/23/EC of 29 April 1996, on
measures to monitor certain substances and residues thereof inlive animals and animal products and repealing Directives 85/
358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/
664/EEC(
4), the production process of animals and primary
products of animal origin shall be monitored for the purpose ofdetecting the presence of certain residues and substances in liveanimals, 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 Commissionadopted Decision 2001/699/EC, of 9 September 2001 concerning
certain protective measures with regard to certain fishery and
aquaculture products intended for human consumption and origi-nating in China and Vietnam(
5), modified by Decision 2002/770/
EC(6). Furthermore, and following the shortcomings identified
during an inspection visit to China as regards veterinary medi-cines regulation and the residue control system in live animals
and animal products, the Commission adopted Decision 2002/
69/EC of 30 January 2002 concerning certain protectivemeasures with regard to the products of animal origin importedfrom China(
7), as last amended by Commission Decision 2002/
933/EC(8).
(5)Decision 2002/69/EC provides that it shall be reviewed in thelight of information provided by the competent authorities of2002D0994 — EN — 03.02.2003 — 001.001 — 2
(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 265, 8.11.1995, p. 17.
(3) OJ L 234, 1.9.2001, p. 55.
(4) OJ L 125, 23.5.1996, p. 10.
(5) OJ L 251, 20.1.2001, p. 11.
(6) OJ L 265, 3.10.2002, p. 16.
(7) OJ L 30, 31.1.2002, p. 50.
(8) OJ L 324, 29.11.2002, p. 71.
▼B
China, any results from the increased monitoring and testing
carried out by Member States on consignments arriving at theCommunity border inspection posts and, if necessary, on the
basis of the results of a new inspection visit carried out on the
spot by Community experts. The information provided byChinese authority and the favourable results of the checkscarried out by Member States have allowed authorisation ofimportation of certain products of animal origin and therefore
several modifications of Decision 2002/69/EC.
(6)In view of the information provided by the Chinese authorities,
imports of the categories of products of animal origin for whichthe Chinese residue monitoring plans are approved areauthorised.
(7)For certain other categories of products of animal origin, it isnecessary in view of the results of the checks carried out by
Member States to maintain the monitoring mechanisms estab-
lished under Decision 2002/69/EC. The frequency of the teststo be carried out on the consignments should be fixed in accor-dance with the level of risk observed.
(8)Fishery products obtained by other means than aquaculture arenot concerned by the risks identified above and should therefore
be exempted from monitoring. However, for eels and shrimps, it
is not possible to distinguish between aquaculture and wildcatches for the time being, except for catches of shrimps madein the Atlantic Ocean; therefore, those products should remainprohibited except for the latter category of crustacean.
(9)The monitoring provided for by Decision 2001/669/EC was
maintained for a transitional period with regard to China, while
it was subsequently deleted with regard to Vietnam by Decision2002/770/EC.
(10)It is therefore appropriate to update and consolidate in thepresent Decision the provisions in Decision 2002/69/EC and torepeal Decisions 2001/669/EC and 2002/69/EC accordingly.
(11)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
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 States shall prohibit the imports of products referred in
Article 1.
2. By derogation from paragraph 1, Member States shall authorise
the imports of products listed in the Annex to the present decision in
accordance with the following provisions, and with the specific animal
and public health conditions applicable to the products concerned. Inthe case of products listed in Part II and III of the Annex to the presentDecision, imports shall be authorised only if the results of the testreferred to in Article 3 are favourable.
Article 3
1. Member States shall, using appropriate sampling plans and detec-
tion methods, subject consignments of products listed in sections II and
III of the Annex to the present Decision, to a chemical test in order toensure that the products concerned do not present a hazard to humanhealth. This test must be carried out, in particular, with a view todetecting the presence of residues of veterinary drugs, pesticides,contaminants and prohibited substances.2002D0994 — EN — 03.02.2003 — 001.001 — 3
▼B
2. For products listed in section II of the Annex, the tests shall be
carried out on 20 % of all consignments; for products listed in sectionIII, each consignment shall be tested.
3. Member States shall inform the Commission of the results of the
tests referred to in paragraph 1 by means of the Rapid Alert System forfood and feed set upby Regulation (EC) No 178/2002 of the Europ eanParliament and of the Council(
1), immediately when they are positive,
and every week for negative results.
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 the
Commission thereof.
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 anon the spot inspection visit by Community experts.
Article 7
Decision 2001/699/EC and Decision 2002/69/EC are repealed.
Article 8
This Decision shall apply from 24 December 2002.
Article 9
This Decision is addressed to the Member States.2002D0994 — EN — 03.02.2003 — 001.001 — 4
(1) OJ L 31, 1.2.2002, p. 1.
▼M1
ANNEX
Part I List of products of animal origin intended for human consumption
or animal feed use authorised to be imported into the Community
withouttesting:
— fishery products, except:
— those obtained by aquaculture, other than the fillets of salmon of the
specieSalmo salar referred below,
— eels,— shrimps other than those caught in the Atlantic Ocean as referred to
below,
— fillets of salmon of the species Salmo salar ,
— entire shrimps 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,
— gelatine.
Part II List of products of animal origin intended for human consumption
or animal feed use authorised to be imported into the Community,
subjecttoachemical testundertheconditionsofArticle3(2):
— casings,
— crayfish of the species Procambrus clarkii caught in natural fresh waters by
fishing operations,
— Surimi obtained from the fishery products authorised in part I.
PartIII Listofproductsofanimaloriginintendedforhumanconsumption
oranimalfeeduseauthorisedtobeimportedintotheCommunity,
subjecttoachemical testundertheconditionsofArticle 3(2):2002D0994 — EN — 03.02.2003 — 001.001 — 5