2001/705/EC: Commission Decision of 27 September 2001 concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in Indonesia (notified under document number C(2001) 2935)
Date: 2001-09-27
Institutions: European Commission
Subjects: Indonesia, crustacean, foodstuffs legislation, health control, originating product

28.9.2001

EN

Official Journal of the European Communities

L 260/35

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 27 September 2001

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

(notified under document number C(2001) 2935)

(2001/705/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 Indonesia.

Since the presence of chloramphenicol on food presents
a potential risk for human health, the consignments of
shrimps originating or coming from Indonesia shall be
sampled in order to demonstrate their wholesomeness.

Council Directive 92/59/EEC of 29 June 1992 on
general products safety (2) has set up the Rapid Alert
System for Food, and its recourse is appropriate for
implementing the mutual
information requirement
provided for under Article 22(2) of Directive 97/78/EC.

This Decision will be reviewed in the light of the guaran-
tees offered by the competent authorities of Indonesia
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 Indonesia.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignments of shrimps
originating or coming from Indonesia 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 chloramphe-
nicol.

2. Member States shall immediately inform the Commission
of the test results 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 260/36

EN

Official Journal of the European Communities

28.9.2001

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 5

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

Article 6

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 27 September 2001.

For the Commission

David BYRNE

Member of the Commission