2002D0794 — EN — 09.03.2004 — 001.001 — 1
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►B COMMISSIONDECISION
of11October2002
concerning certain protective measures with regard to poultrymeat, poultrymeat products and
poultrymeatpreparationsintendedforhumanconsumptionandimportedfromBrazil
(notified under document number C(2002) 3692)
(TextwithEEArelevance)
(2002/794/EC)
(OJ L 276, 12.10.2002, p. 66)
Amended by:
Official Journal
No page date
►M1Commission Decision 2004/198/EC of 27 February 2004 L 64 39 2.3.2004
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COMMISSIONDECISION
of11October 2002
concerningcertainprotectivemeasureswithregardtopoultrymeat,
poultrymeat products and poultrymeat preparations intended for
humanconsumptionandimportedfromBrazil
(notified under document number C(2002) 3692)
(TextwithEEArelevance)
(2002/794/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 European
Food Safety Authority and laying down procedures in matters of food
safety (
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 veterinarychecks 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 178/2002 provides for the adoption of any appropriateinterim measure where it is evident that food imported from a
third country is likely to constitute a serious risk to human
health, animal health or the environment.
(2)In accordance withArticle 22 of Directive 97/78/EC th e neces-sary measures must be adopted as regards the import of certainproducts from third countries where anything likely to constitute
a serious danger for animal or human health appears or develops.
(3)The presence of nitrofurans has been detected in poultrymeat
and poultrymeat preparations intended for human consumptionand imported from Brazil.
(4)Brazil provided appropriate guarantees to the Commission,which should apply from 10 May 2002.
(5)However, the presence of nitrofurans has been detected inconsignments of poultrymeat from Brazil certified after 10 May2002.
(6)Since the presence of these substances on food presents a poten-tial risk for human health, all consignments of poultrymeat,
poultrymeat products and poultrymeat preparations imported
from Brazil shall be sampled and analysed in order to demon-strate their wholesomeness.
(7)Regulation (EC) No 178/2002 has set up the rapid alert systemfor food and recourse to it is appropriate for implementing the
mutual information requirement laid down in Directive 97/78/
EC.
(8)This Decision will be reviewed in the light of the guaranteesoffered by the competent authorities of Brazil and on the basisof the results of the test carried out by Member States.
(9)The measures provided for in this Decision are in accordancewith the opinion of the Standing Committee on the Food Chainand Animal Health,2002D0794 — EN — 09.03.2004 — 001.001 — 2
(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 24, 30.1.1998, p. 9.
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HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to poultrymeat, poultrymeat products and
poultrymeat preparations imported from Brazil.
Article 2
1. Member States shall, using appropriate sampling plans and detec-
tion methods, subject 20 % of the consignments of poultrymeat,
poultrymeat products and poultrymeat preparations imported from
Brazil to a chemical test in order to ensure that the products concerneddo not present a hazard to human health. This test must be carried out,in particular, witha view to detecting th e presence of nitrofurans andtheir metabolites.
2. Member States shall inform the Commission of the results of the
test referred to in paragraph1, making use of th e rapid alert system forfood, 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 inArticle 1 unless the results of the checks referred to in Article 2 arefavourable.
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 amend the measures they apply to imports in order
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 guarantees provided
by the competent Brazilian authorities and of the results of the tests
referred to in Article 2.
Article 7
This Decision is addressed to the Member States.2002D0794 — EN — 09.03.2004 — 001.001 — 3
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