PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON IMPORTS OF FRUIT AND VEGETABLES FROM CERTAIN COUNTRIES AFFECTED BY CHOLERA
Date: 1991-08-02
Institutions: European Commission
Subjects: South America, fruit, health control, import licence, tropical disease, vegetable

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^ 

-  2 -

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 

M l ); 

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. 

-  3  -

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. 

_ 4 -

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; 

-  5  -

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; 

- 6 -

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. 

- 7 -

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. 

- 8 -

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. 

-  9  -

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 

10 -

ANNEX I 

Affected  areas 

Country 

Co IombI a 

Ecuador 

Administrative units 

Departments of Narino and Cauca 

Provinces of Chimborazo,  El Oro, 

Esmaraldas, Guayas, Loja and 

Los Rios 

Peru 

AI I provinces 

11  -

ANNEX  I I 

Recognized  certifying  health  authorities 

Country 

Co Iomb i a 

Name 

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 

Peru 

y  Medicina  tropical  (INHMT) 

"Leopoldo  Izqueta  Perez", 

GuayaquiI 

1. Centro  de  Cert ificaciones 

Pesqueras  (CERPER),  El  Callao 

2.  Ministerio  de  Salud,  Lima 

-  12 -

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. 

13 -

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. 

-  14 -

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 

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