1999/363/EC: Commission Decision of 3 June 1999 on protective measures with regards to contamination by dioxins of certain animal products intended for human or animal consumption (notified under document number C(1999) 1500) (Text with EEA relevance)
Date: 1999-06-03
Institutions: European Commission
Subjects: Belgium, animal nutrition, animal product, health control, human nutrition, toxic substance

L 141/24

EN

Official Journal of the European Communities

4. 6. 1999

COMMISSION DECISION

of 3 June 1999

on protective measures with regards to contamination by dioxins of certain
animal products intended for human or animal consumption

(notified under document number C(1999) 1500)

(Text with EEA relevance)

(1999/363/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 89/662/EEC of 11
December 1989 concerning veterinary checks in intra-
Community trade with a view to the completion of the
internal market (1), as last amended by Directive 92/
118/EEC (2), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26
June 1990 concerning veterinary and zootechnical checks
applicable in intra-Community trade in certain live
animal and products with a view to the completion of the
internal market (3), as last amended by Directive 92/
118/EEC, and in particular Article 10(4) thereof,

(1) Whereas on 27 May 1999, the Belgian authorities
have informed the Commission of a case of heavy
contamination of compound feedingstuffs with
these feedingstuffs have been
dioxins; whereas
distributed to a considerable number
(approxi-
mately 25 %) of domestic fowl farms in Belgium
beginning after 15 January 1999; whereas the
origin of this contamination is not yet ascertained;

restriction all

(2) Whereas beginning from 26 May 1999, the Belgian
the
authorities have put under
domestic fowl holdings which received these
feedingstuffs; whereas the Belgian authorities have
prohibited the slaughter of poultry for 1 June 1999
only; whereas, products intended for human or
animal consumption derived from animals reared
in those farms before that date might be still on the
market; whereas at present the Belgium authorities
have not yet
taken all appropriate measures to
ensure that those products are withdrawn from the
market;

(3) Whereas

it appears

live
that
animals which were fed with these feedingstuffs
and products derived from these animals have been
traded to other Member States and third countries;

feedingstuff,

this

(4) Whereas other animal species may have been fed
with these contaminated feedingstuffs, whereas it is
necessary to establish a monitoring plan to evaluate

the presence of contamination of dioxins in prod-
ucts of animal origin;

(5) Whereas the body of toxicological and epidemio-
logical evidence today have led the International
Agency for Research on Cancer (IARC) of
the
World Health Organisation (WHO)
to consider
TCDD a class 1 carcinogen (highest class in IARC
ranking); whereas the WHO has recommended that
a Tolerable Daily Intake (TDI) of 1-4pg/Kg bw/day
be respected for dioxins; whereas no limits for
dioxins contamination have been set for individual
commodities and food products; whereas data on
background levels of contamination exist; whereas,
in the absence of international or community or
national limits for dixoins, the data on background
levels should be used as reference by the authori-
ties;

(6) Whereas Council Directive 92/59/EEC of 29 June
1992 on general product safety has set up the
Rapid Alert System (4);

(7) Whereas Council Directive 1999/29/EEC of 22
April 1999 on the undesirable substances and prod-
ucts in animal nutrition (5) establishes that
feed
materials may only be put into circulation in the
Community if
they are sound, genuine and of
merchantable quality;

(8) Whereas, in the light of the above, it is necessary to
take urgent measures in order to protect consum-
ers’ health; whereas, however, it has not yet been
possible to trace the exact source of the contamina-
tion nor to trace the distribution of all potentially
thus necessitating the
contaminated products
application of such measures to all poultry products
of Belgian origin and products produced in other
Member States which might have received the
same feedingstuffs or poultry products of Belgian
origin;

(9) Whereas

in this
the measures provided for
Decision are in accordance with the opinion of the
Standing Veterinary Committee,

(1) OJ L 395, 30.12.1989, p. 13.
(2) OJ L 62, 15.3.1993, p. 49.
(3) OJ L 224, 18.8.1990, p. 20.

(4) OJ L 228, 11.8.1992, p. 24.
(5) OJ L 115, 4.5.1999, p. 32.

4. 6. 1999

EN

Official Journal of the European Communities

L 141/25

HAS ADOPTED THIS DECISION:

Article 1

1. A. Belgium shall prohibit the placing on the market,
including distribution to the final consumer, the
trade and the export to third countries, of all the
following products intended for human or animal
consumption derived from domestic fowl which
were reared in Belgium between 15 January 1999
and 1 June 1999:

 fresh poultrymeat,

as defined by Council

Directive 71/118/EEC (1),
 mechanically recovered meat,
 minced meat and meat preparation, as defined

by Council Directive 94/65/EC (2),

 meat products and other products of animal
origin as defined by Council Directive 77/
99/EEC (3),

 eggs and eggproducts, as defined by Council
Directive 89/437/EEC (4) and products intended
for human consumption which contain more
than 2 % of eggs and eggproducts,

 rendered fats,

as

referred to by Council

Directive 92/118/EEC,

 processed animal proteins, as referred to by

Council Directive 92/118/EEC,

 raw material
feedingstuffs,
Directive 92/118/EEC;

for the manufacture of animal
by Council
to
as

referred

unless:

(i) the products are not derived from animals
reared in holdings put under restriction by the
Belgian authorities; or

(ii) the results of analysis demonstrate that

the

products are not contaminated with dioxin.

B. Belgium shall prohibit the placing on the market,
the trade and the export to third countries, of live
domestic fowls reared between 15 January 1999
and 1 June 1999 or hatching eggs laid by these
animals during that period, unless they have not
reared or produced in holdings put under restric-
tion by the Belgian authorities.

2.
Belgium shall ensure that all the products listed in
paragraph 1(A) which do not fulfil the conditions estab-
lished in paragraph 1(A), point (i) or (ii), are destroyed by
means approved by the competent authorities.

(1) OJ L 55, 8.3.1971, p. 23.
(2) OJ L 368, 31.12.1994, p. 10.
(3) OJ L 26, 31.1.1977, p. 85.
(4) OJ L 212, 22.7.1989, p. 87.

3.
Belgium shall inform immediately the Commission
and the Member States, if appropriate in accordance to
Directive 92/59/EEC (rapid alert system), and thrid coun-
tries who have received the live animals, hatching eggs
listed in paragraph 1(B) or products covered by paragraph
2 of this Article.

Belgium shall investigate:

4.
 possible remaining stock of contaminated feeding-

stuffs, and

 possible distribution of contaminated feedingstuffs
with dioxins to other farm animals and to other
Member States and third countries, and

shall inform without delay the Commission and other
Member States and concerned third countries of
the
results of such investigations.

Belgium shall monitor the level of dioxins in prod-

5.
ucts of animal origin.

For this purpose, Belgium shall submit without delay a
monitoring plan to the Commission.

Belgium shall

6.
inform the Commission and the
Member States on the result of the investigation on the
source of the contamination of feedingstuffs by dioxins.

Article 2

For the purpose of trade, the commercial document or, if
appropriate, the veterinary certificate accompanying each
consignment of live animals, hatching eggs or products
listed in Article 1 must be completed by an official
declaration signed by the Belgian competent authority
certifying that the live animals or or the products of
Belgian origin are in compliance with this Decision.

Article 3

Member States which received feedingstuffs suspected to
be contaminated with dioxins, live animals or hatching
eggs which have been reared or produced in holdings put
under restriction by the Belgian authorities and/or prod-
ucts on Belgian origin covered by paragrph 2 of Article 1,
shall immediately:
 carry out an investigation on the distribution of those
feedingstuffs and on possible remaining stock,
 trace and place under restriction such animals and
hatching eggs and products arising therefrom,
 trace back all products derived from animals fed with
those feedingstuffs and products destined to human or
animal consumption which contain those products,
 trace back all products of Belgian origin to which this
Decision applies and products destined to human or
animal consumption containing those products,

L 141/26

EN

Official Journal of the European Communities

4. 6. 1999

 ensure that the above products are destroyed by a
mean approved by the competent authority, unless it
can be proved they are not contaminated with dioxins,
 inform immediately the Commission and the Member
States, if appropriate in accordance to Directive 92/
59/EEC (rapid alert system), and concerned third
countries on the findings of their investigation and on
the eventual actions taken,

 monitor the level of dioxins in products of animal

origin.

For this purpose,
the concerned Member States shall
submit without delay a monitoring plan to the Commis-
sion.

Article 5

Member States shall alter the measures they apply to trade
in order to bring them into line with this Decision. They
shall immediately inform the Commission thereof.

Article 6

This Decision may be reviewed in the light of the results
of Commission inspections and of information received
by Member States.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 3 June 1999.

Article 4

Commission inspections may be carried out in order to
verify the implementation of this Decision.

For the Commission

Franz FISCHLER

Member of the Commission