98/116/EC: Commission Decision of 4 February 1998 adopting special measures for the import of fruit and vegetables originating in or consigned from Uganda, Kenya, Tanzania, and Mozambique (Text with EEA relevance)
Date: 1998-02-04
Institutions: European Commission
Subjects: East Africa, fruit, health risk, import, plant health control, vegetable

L 31/28

EN

Official Journal of the European Communities

6. 2. 98

COMMISSION DECISION

of 4 February 1998

adopting special measures for the import of fruit and vegetables originating in
or consigned from Uganda, Kenya, Tanzania, and Mozambique

(Text with EEA relevance)

(98/116/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Directive 93/43/EEC of 14
June 1993 on the hygiene of foodstuffs (1) and in particu-
lar Article 10 thereof,

Whereas cases of cholera have been reported in Eastern
Africa and particularly Uganda, Kenya, Tanzania and
Mozambique; whereas a mission of
the responsible
Commission services on the ground has identified a
potential serious risk to health from foodstuffs from these
countries;

serious

Whereas the presence of cholera in these countries may
risk to public health in the
constitute a
Community where the infectious agent Vibrio cholerae
survives on foodstuffs imported from these countries;
whereas it
is necessary to adopt special measures at
Community level concerning certain fruit and vegetables
and their products likely to present a risk to health;

Whereas the World Health Organisation advises that
where the transport of fruits and vegetables from areas
where cholera is present, is in excess of ten days, the risk
to health from these products is low; whereas therefore
these measures apply mainly to products transported into
the European Community by air;

Whereas it is necessary to impose special conditions on
certain fruit and vegetables and their products consigned
from or originating in Uganda, Kenya, Tanzania and
Mozambique;

Whereas therefore as a preliminary precaution samples of
to microbiological
these foodstuffs should be subject
controls;

This Decision applies to:

(cid:190) fruits and vegetables covered by Council Regulation
(EC) No 2200/96 (3) and Council Regulation (EEC)
No 827/68 (4),

(cid:190) processed fruit and vegetables products covered by

Council Regulation (EC) No 2201/96 (5),

(cid:190) other fruit and vegetables falling within Chapters 7, 8
the Combined Nomenclature and not

and 20 of
covered by abovementioned Regulations,

originating in, or consigned from Uganda, Kenya,
Tanzania and Mozambique.

Article 2

This Decision shall not apply to:

1. dried vegetables, dried leguminous vegetables, nuts
and dried fruit falling within CN codes 0712, 0713,
0802 and 0813 respectively,
and
vegetable dried to a water activity value below 0,85;

and any fruit

2. all uncut

fruit and vegetables

transported under
normal conditions of temperature and moisture when
the journey time is at least 10 days;

3. fruit and vegetables and juices or pulps of these in
hermetically sealed tins,
jars and bottles heated for
preservation to more than 70(cid:190) C throughout after
sealing;

4. fruit and vegetables in tins, jars and bottles preserved

in acid medium of pH below 4,5;

5. frozen fruit and vegetables previously heat-treated to
more than 70(cid:190) C throughout and packaged under
hygienic conditions in Uganda, Kenya, Tanzania and
Mozambique;

Whereas the Standing Committee for Foodstuffs (2) has
been consulted on 15 January, 1998,

6. bananas.

(1) OJ L 175, 19. 7. 1993, p. 1.
(2) SE 1969 II, p. 500.

(3) OJ L 297, 21. 11. 1996, p. 1.
(4) OJ L 151, 30. 6. 1968, p. 16.
(5) OJ L 297, 21. 11. 1996, p. 29.

6. 2. 98

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Official Journal of the European Communities

L 31/29

Article 3

Article 5

The competent authorities of

1.
the Member States
shall sample at least ten per cent of consignments of fruit
or vegetables or their products as defined in Article 1.
These samples shall be subject to mircrobiological exam-
ination in order to ensure that the fruit and vegetables or
their products do not present a risk to human health with
respect to Vibrio cholerae.

The competent authorities shall record the destina-

2.
tion(s) of each consignment sampled.

3. Member States shall inform the relevant service of
the Commission of the results of these examinations on
the first day of each month. Where Vibrio cholerae is
found to be present the Member State shall immediately
inform the Commission thereof.

Article 4

Member States shall
comply with this Decision. They shall
Commission thereof.

take the measures necessary to
inform the

This Decision shall be reviewed where Vibrio cholerae is
found to be present as a result of the sampling and
microbiological examination in Article 3, and in any case
before the 30 September 1998.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 4 February 1998.

For the Commission

Martin BANGEMANN

Member of the Commission