2001/699/EC: Commission Decision of 19 September 2001 concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam (Text with EEA relevance) (notified under document number C(2001) 2701)
Date: 2001-09-19
Institutions: European Commission
Subjects: China, Viet Nam, crustacean, human nutrition, import, veterinary inspection

20.9.2001

EN

Official Journal of the European Communities

L 251/11

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 19 September 2001

concerning certain protective measures with regard to certain fishery and aquaculture products
intended for human consumption and originating in China and Vietnam

(notified under document number C(2001) 2701)

(Text with EEA relevance)

(2001/699/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
third countries (1), and in particular Article 22(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

In accordance with Article 22 of Directive 97/78/EC the
necessary measures must be adopted as regards the
import of certain products from third countries where
any cause likely to constitute a serious danger for animal
or human health appears or is spreading.

The presence of chloramphenicol has been detected in
shrimps intended for human consumption and imported
from China and Vietnam.

Since the presence of chloramphenicol on food presents
a potential risk for human health, the consignments of
shrimps originating or coming from China and Vietnam
shall be sampled in order to demonstrate their whole-
someness.

Council Directive 92/59/EEC of 29 June 1992 on
general products safety has set up the Rapid Alert
System for Food (2).

This Decision will be reviewed in the light of the guaran-
tees offered by the competent authorities of China and
Vietnam and on the basis of the results of the test
carried out by Member States.

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to shrimps intended for human
consumption coming from or originating in China and
Vietnam.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignment of shrimps
originating or coming from China and Vietnam to a chemical
test in order to ensure that the products concerned do not
present a hazard to human health. This test must be carried
out, in particular, with a view to detect the presence of chlor-
amphenicol.

2. Member States shall inform immediately the Commission
of the results of the test referred to in paragraph 1, making use
of the Rapid Alert System for Food, set up by Directive 92/
59/EEC.

Article 3

Member States shall not authorise the importation into their
territory or the consignment to another Member State of the
products referred to in Article 1 unless the results of the checks
referred to in Article 2 are favourable.

Article 4

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 228, 11.8.1992, p. 24.

All expenditures incurred by the application of this Decision
shall be charged to the consignor, the consignee or their agent.

L 251/12

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Official Journal of the European Communities

20.9.2001

Article 5

Article 7

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

Article 6

This Decision shall be reviewed on the basis of the guarantees
provided by the Chinese and Vietnamese competent authorities
and on the basis of the results of the tests referred to in Article
2.

This Decision is addressed to the Member States.

Done at Brussels, 19 September 2001.

For the Commission

David BYRNE

Member of the Commission