COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 311 final 
Brussels, 2 August 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
on imports of fruit and vegetables from certain countries 
affected by cholera 
(presented by the Commission) 
;u^ 
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EXPLANATORY MEMORANDUM 
On 19 March 1991 the Commission adopted Decision 91/147/CEE1 adopting 
protective measures against cholera affecting imports of fruit and 
vegetables from Peru. 
Since then the epidemic has spread to neighbouring countries and there 
is a possibility that the whole of South America will be affected. 
It is planned to repeal the provisional measures adopted by 
Decision 91/147/EEC. Since no suitable action can be taken under the 
common agricultural policy to tackle the risks to the European fruit 
and vegetable consumer, it is necessary for the Council to act under 
the common trade policy in order to protect consumer health and 
preserve the unity of the market without unduly affecting trade with 
third countr ies. 
The attached Regulation sets requirements for importation of fresh and 
processed fruit and vegetables liable to be contaminated with cholera 
vibr io. 
it lists the South American regions affected by cholera to which 
the protective measures apply (Annex I); 
makes importation of products from these areas subject to 
presentation of a certificate issued by a recognized health 
authority carrying certain information (Article 2(1), Annex II and 
Ml); 
exempts from these requirements certain products carrying no risk 
of infection (Article 2(2), Annex IV); 
imposes additional requirements in view of the health situation in 
certain third countries. 
1 OJ No L 73, 23.3.1991, p. 35. 
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The Community may send inspectors to the affected regions (Article 3). 
When products are imported Member States must check the certification 
or if under Article 2(2) a certificate is not required check that the 
requirements of Annex IV are met (Article 4). 
If the competent authorities of Member States in which products are to 
be consumed find cholera vibrio when making a sample check the 
Commission and the other Member States are to be informed (Article 5). 
The Regulation is framed so as to enable the Commission to adopt the 
rules of application needed and adjust the annexes rapidly and 
frequently as the changing situation dictates. To this end an ad hoc 
Commission regulatory committee will be set up (Article 6). 
The initial period of application of Regulation will be two years. 
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Proposal for a 
COUNCIL REGULATION (EEC) 
on imports of fruit and vegetables from certain countries 
affected by cholera 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas the incidence of cholera is rapidly increasing in certain parts 
of South America; whereas this disease is a serious threat to public 
health and can be spread by contaminated fruit and vegetables; 
Whereas Community experts have visited the regions in question to look 
at the situation and decide what safeguards are required to prevent any 
risk of introduction of the disease into the Community; 
Whereas their findings indicate that Community measures are required; 
whereas national measures have been adopted in a number of 
Member States on imports of fruit and vegetables from certain South 
American countries; whereas it is incumbent on the Council therefore 
to adopt common rules that will protect the health of consumers, 
maintain market unity without unduly affecting trade between the 
Community and third countries and prevent deflection of trade; 
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Whereas requirements to be met for imports of fruit and vegetables 
originating in or consigned from regions affected by cholera should 
therefore be specified; whereas the list of these regions should 
therefore be determined; 
Whereas these requirements should not be made applicable to products 
that because of their characteristics, the treatment they are given or 
the length of time elapsing before they reach the Community present no 
health risk; 
Whereas these requirements should not be made applicable to 
consignments of fruit and vegetables covered by suitable guarantees 
from the authorities of the exporting country; whereas it is necessary 
therefore to specify the recognized health authorities of the countries 
in quest ion; 
Whereas Member States must be able to require presentation of health 
certificates made out by the authorities of the exporting third 
country; whereas the requirements pertaining to the issuing of 
certificates must be specified; 
Whereas experts from the Member States and from the Commission should 
make checks to see whether the health safeguards offered by the third 
countries concerned are effective; 
Whereas the special rules will apply without prejudice to normal 
requirements pertaining to imports from the third countries in 
quest ion; 
Whereas documentary or identification checks, as appropriate in each 
case, must be carried out on imported products when they first arrive 
in the Community; whereas such a check is required in order to 
guarantee free circulation within the Community; whereas sample checks 
may also be made in the Member State of consumption to ensure the 
absence of cholera vibrio; 
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Whereas a simplified procedure should be set up that will permit 
continual rapid updating of the rules in line with changes in the 
epidemiological situation; whereas to this end an ad hoc committee 
should be set up, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation sets rules applying to imports of 
fruit and vegetables covered by Council Regulations (EEC) 
No 1035/721 or No 827/682 
processed fruit and vegetable products covered by Council 
Regulation (EEC) No 426/863 
originating in or consigned from the areas affected by cholera listed 
in Annex I. 
Art icle 2 
1. Products as indicated in Article 1 shall not be admitted for import 
unless accompanied by an official certificate issued by a health 
authority shown in Annex II, made out as specified in Annex III. 
2. No certificate shall be required for products covered by Annex IV. 
3. Products from third countries indicated in Annex V must meet the 
additional requirements specified therein. 
1 OJ No L 118, 20.05.1972, p. 1. 
2 OJ No L 151, 30.06.1968, p. 16 
3 OJ NO L 49, 27.02.1986, p. 1. 
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Article 3 
Checks may be made on the spot by experts from the Member States or the 
Commission to see whether the health protection and control guarantees 
offered by third countries are effective. 
Art icie 4 
When products indicated in Article 1 enter the Community the competent 
authorities of the Member State shall, as appropriate, check 
that the certificate indicated in Article 2(1) meets the 
requirements set out in Annex ill, 
the identity of products exempt from certification under 
Article 2(2). 
Article 5 
Member States in which products are to be consumed may carry out sample 
examinations on products indicated in Article 1. If cholera vibrio is 
found the competent authorities shall immediately inform the Commission 
and the other Member States, irrespective of what is to be done with 
the contaminated consignment. 
Article 6 
1. The Commission shall be assisted by a committee composed of the 
representatives of the Member States and chaired by the 
representative of the Commission. 
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2. Detailed rules for application of this Regulation and any changes 
to the Annexes shall be adopted in accordance with the procedure 
laid down in paragraph 3. 
3. The representative of the Commission shall submit to the committee 
a draft of the measures to be taken. The committee shall deliver 
its opinion on the draft within a time limit which the chairman may 
lay down according to the urgency of the matter. 
4. The opinion shall be delivered by the majority laid down in 
Article 148(2) of the Treaty in the case of decisions which the 
Council is required to adopt on a proposal from the Commission. 
The votes of the representatives of the Member States within the 
committee shall be weighted in the manner set out in that Article. 
The chairman shall not vote. 
5. The Commission shall adopt the measures envisaged if they are in 
accordance with the opinion of the committee. 
If the measures envisaged are not in accordance with the opinion of 
the committee, or if no opinion is delivered, the Commission shall, 
without delay, submit to the Council a proposal relating to the 
measures to be taken. The Council shall act by a qualified 
major ity. 
6. If, on the expiry of a period of one month from the date of 
referral to the Council, the Council has not acted, the proposed 
measures shall be adopted by the Commission. 
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Art icle 7 
This Regulation shall enter into force on the third day following that 
of its publication in the Official Journal of the European Communities. 
It shall be valid for two years from that date. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
The President 
Affected areas 10 -
ANNEX I 
Country Administrative units 
Co IombI a Departments of Narino and Cauca 
Ecuador Provinces of Chimborazo, El Oro, 
Esmaraldas, Guayas, Loja and 
Los Rios 
Peru AI I provinces 
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ANNEX I I 
Recognized certifying health authorities 
Country Name 
Co Iomb i a 1. Instituto Nacional de la 
Salud (INS), Bogota 
2. Servicio Seccional de Salud 
(SSS) of the Departments of 
Narino (located at Tasco) and 
Cauca (located at Popayan) 
Ecuador 1. Instituto Nacional de Higiene 
y Medicina tropical (INHMT) 
"Leopoldo Izqueta Perez", 
GuayaquiI 
Peru 1. Centro de Cert ificaciones 
Pesqueras (CERPER), El Callao 
2. Ministerio de Salud, Lima 
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ANNEX I I 
Entries to be made on official certificates issued by recognized health 
author it ies: 
Name of authority and if appropriate of the delegated authority or 
author it ies-, 
Place of issue, number and date; 
Description of consignment and type of treatment; 
Name and address of treatment plant; 
Attestation that the treatment plant observes proper standards of 
hygiene in all handling operations and in particular that the water 
used is treated with chlorine; 
Attestation that the treatment plant is subjected to stringent 
inspection by officials of the recognized health authority and that 
all hygienic requirements for processing, presentation and 
packaging are complied with; 
The health authority's stamp and the signature of the person or 
persons authorized to sign. 
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ANNEX IV 
A. List of products not subject to restriction 
1. Dried vegetables, dried leguminous vegetables, nuts and dried fruit 
of CN headings 0712, 0713, 0802 and 0813 respectively, and any 
fruit and vegetable dried to an aw value below 0.85. 
2. All fruit and vegetables transported under normal conditions, 
including moisture conditions, when the journey time is at least 
14 days. 
B. List of products given a specific treatment and not subject to 
restr ict ion 
1. Fruit and vegetables and juices or pulps of these in hermetically 
sealed tins, jars and bottles heated for preservation to more than 
70*C throughout after sealing. 
2. Fruit and vegetables in tins, jars and bottles preserved in an acid 
medium of pH below 4.5. 
3. Frozen fruit and vegetables previously heat-treated to more than 
70*C throughout and packaged under proper hygienic conditions in 
the countries concerned. 
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ANNEX V 
Special requirements (Article 2(3)) 
Country of consignment Addition requirements 
Peru The certificate indicated in 
Article 2(1) must be accompanied 
by an official numbered and 
dated attestation, issued by the 
Ministry of Health, that there 
is no cholera vibrio on the 
products making up the 
consignment. 
ISSN 0254-1475 
COM(91) 311 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-357-EN-C 
ISBN 92-77-74972-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg