1999/356/EC: Commission Decision of 28 May 1999 on the temporary suspension of imports of peanuts and certain products derived from peanuts originating in or consigned from Egypt (Rev. 1) (notified under document number C(1999) 1382) (Text with EEA relevance)
Date: 1999-05-28
Institutions: European Commission
Subjects: Egypt, agro-industry, food inspection, groundnut, import restriction, originating product

L 139/32

EN

Official Journal of the European Communities

2. 6. 1999

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 May 1999

on the temporary suspension of imports of peanuts and certain products derived
from peanuts originating in or consigned from Egypt (Rev. 1)

(notified under document number C(1999) 1382)

(Text with EEA relevance)

(1999/356/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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

After consulting the Member States,

(1) Whereas peanuts originating in or consigned from
Egypt have been found to be contaminated with
Aflatoxin B1 at high levels; whereas sampling indi-
cates serious and recurring aflatoxin contamination
of peanuts originating in or consigned from Egypt;

(2) Whereas the Scientific Committee for Food has
noted that aflatoxins, in particular Aflatoxin B1, are
carcinogenic substances and even at
low doses,
cause cancer of the liver and in addition are geno-
toxic;

(3) Whereas Commission Regulation (EC) No 1525/
98 (2), amending Regulation (EC) No 194/97 sets
maximum levels for certain contaminants and in
particular aflatoxins in foodstuffs; whereas these
limits have been exceeded to an excessive amount
in samples of peanuts originating in, or consigned
from Egypt; whereas the limits for Aflatoxin B1 in
ground nuts which are
intended for direct
consumption, and those which may be sorted or

(1) OJ L 175, 19.7.1993, p. 1.
(2) OJ L 201, 17.7.1998, p. 43.

subject to further processing, are set in this Regula-
tion at 2 and 8 parts per billion (ppb) respectively;
whereas contamination of Aflatoxin B1 at levels as
high as 485 ppb have been detected in peanuts
from Egypt;

(4) Whereas a full and effective refining process is
known to remove aflatoxin contamination from
peanuts, so that the resultant oil does not present a
risk to the health of the consumer;

(5) Whereas Egypt is a major exporter of peanuts to
the Community and the exposure of the popula-
tion to peanuts or peanut products contaminated
with aflatoxin constitutes a serious threat to public
health within the Community;

(6) Whereas,

it

is necessary to suspend imports of
peanuts and certain products derived from peanuts
originating in, or consigned from Egypt; whereas,
however, the importation of peanuts originating in
or consigned from Egypt may still be permitted
provided that such peanuts are subject to a full and
effective refining process;

(7) Whereas the Egyptian authorities were informed of
unacceptably high aflatoxin levels
in peanuts
originating in or consigned from Egypt; whereas
the improvements the Egyptian authorities indi-
cated would be put in place have not materially
reduced the levels of aflatoxin contamination;

2. 6. 1999

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Official Journal of the European Communities

L 139/33

(8) Whereas these measures should be limited initially
to a short period, and should be re-examined
during this period, in order to verify with the Egyp-
tian authorities, whether they are in a position to
in the future, guarantees permitting the
offer,
lifting of the suspension of imports and its replace-
ment with the establishment of special conditions,
in accordance with Article 10(1), second indent of
Directive 93/43/EEC,

Consignments which left Egypt prior to the entry
3.
into force of this Decision, may be imported into the
Community provided they are presented at a Community
entry point for importation within a period of 20 days
from the entry into force of this Decision and, having
been submitted to a sampling programme representative
of the consignment, the sampling does not indicate the
presence of aflatoxin at levels in excess of those foreseen
in Regulation (EC) No 1525/98.

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall subject to the exceptions in
paragraphs 2 and 3 of this Article, suspend imports of:

(cid:190) peanuts falling within CN code 1202 10 90 in shell or

1202 20 00 shelled, whether or not broken,

(cid:190) roasted peanuts falling within CN code 2008 11 92 (in
immediate packs of a net content exceeding 1 kg) or
2008 11 96 (not exceeding 1 kg)

originating in or consigned from Egypt which are
intended for human consumption or to be used as an
ingredient in foodstuffs. Hereinafter referred to as the
consignment.

2.
be
Consignments may
Community provided they are:

imported

into

the

(cid:190) subjected to a full and effective refining process before
being considered suitable for use as food or as a food
ingredient,

(cid:190) are marked in a clearly visible and indelible fashion,
in one or more Community languages with,
‘This
product must be refined before being used for human
consumption'.

Article 2

The present Decision shall be re-examined within four
months
to verify the
continuing need for the measures referred to in Article 1.

from its adoption,

in order

Article 3

Member States
take the measures concerning
imports necessary to comply with this Decision. They
shall inform the Commission thereof.

shall

Article 4

This Decision in applicable until 1 December 1999.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 28 May 1999.

For the Commission

Martin BANGEMANN

Member of the Commission