2002/69/EC: Commission Decision of 30 January 2002 concerning certain protective measures with regard to the products of animal origin imported from China (Text with EEA relevance) (notified under document number C(2002) 387)
Date: 2002-01-30
Institutions: European Commission
Subjects: China, animal product, health control, import, veterinary inspection

L 30/50

EN

Official Journal of the European Communities

31.1.2002

COMMISSION DECISION

of 30 January 2002

concerning certain protective measures with regard to the products of animal origin imported
from China

(notified under document number C(2002) 387)

(Text with EEA relevance)

(2002/69/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 organization of
veterinary checks on products entering the Community from
third countries (1), and in particular Article 22(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

Under 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 risk to animal or human health appears or is
spreading.

the

Under Directive
principles
95/53/EC fixing
governing the organisation of official inspections in the
field of animal nutrition (2) the necessary measures must
be adopted as regards the import of certain products
from third countries and intended for animal nutrition,
where any cause likely to constitute a serious danger to
animal or human health appears or is spreading.

Under Council Directive 96/23/EC on measures to
monitor certain substances and residues thereof in live
animals and animal products and repealing Directives
85/358/EEC and 86/469/EEC and Decisions 89/187/EEC
and 91/664/EEC (3), the production process of animals
and primary products of animal origin shall be moni-
tored for the purpose of detecting the presence of
certain residues and substances in live animals, their
excrements and body fluids and in tissue, animal prod-
ucts, animal feed and drinking water.

Following the detection of chloramphenicol in certain
aquaculture and fishery products imported from China,
the Commission
adopted Decision 2001/699/EC,
concerning certain protective measures with regard to
certain fishery and aquaculture products intended for
human consumption and originating in China and
Vietnam (4).

(6)

(7)

(8)

(9)

Furthermore, an inspection visit to China carried out on
the spot by Community experts has identified serious
shortcomings as regards veterinary medicines regulation
and the residue control system in live animals and
animal products, which may lead to the presence of
harmful residues,
in prod-
intended for human or animal consumption,
ucts
presenting a risk to their health.

including chloramphenicol,

The inspection visit has also revealed a severe non-
observance by the Chinese competent authorities of the
numerous commitments and guarantees
they have
provided to the Commission, as regard the control of
residues and substances which may be a danger to
public and animal health.

Therefore it is necessary to suspend the imports of prod-
ucts of animal origin from China intended for human or
animal consumption. Nevertheless, a derogation should
be provided for casings and fishery products except
crustaceans, which are caught, frozen and packed in
their final packaging at sea and landed directly on
Community
being
products
such
concerned by the risk identified above.

territory,

not

Also, with a view to minimize negative trade effects in a
manner proportionate to the management of the risk,
this Decision
the
Community, during a period of 6 weeks, of consign-
ments which have left China before the entry into force
of this Decision, on condition that they are subjected to
intensified monitoring and testing to ensure their safety.

authorizes

imports

into

the

This Decision shall be reviewed in the light of informa-
tion provided by the competent authorities of China,
any results from the increased monitoring and testing
carried out by Member States on consignments arriving
before 14 March 2002 and, if necessary, on the basis of
the results of a new inspection visit carried out on the
spot by Community experts.

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 333, 29.12.2000, p. 81.
(3) OJ L 125, 23.5.1996, p. 10.
(4) OJ L 251, 20.1.2001, p. 11.

(10)

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

31.1.2002

EN

Official Journal of the European Communities

L 30/51

HAS ADOPTED THIS DECISION:

Article 4

Article 1

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

This Decision shall apply to all products of animal origin
imported from China and intended for human consumption or
animal feed use.

Article 2

1. Member States shall prohibit the imports of products
referred in Article 1.

2.
By derogation to point 1, Member States shall authorize
the imports of casings and fishery products, except crustaceans,
which are caught, frozen and packaged in their final packaging
at sea and landed directly on Community territory.

Article 3

By derogation to point 1 of Article 2, Member States
1.
shall authorise, until 14 March 2002, the imports of consign-
ments of such products which have left China before 31
January 2002, when the monitoring provided for in paragraph
2 can demonstrate that these consignments do not constitute a
risk for public health.

2.
For this purpose, Member States shall extend the checks
as laid down by Decision 2001/699/EC to all products of
animal origin covered by paragraph 1 to other residues of
veterinary drugs, pesticides, contaminants and prohibited
substances.

Article 5

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 information
provided by the Chinese competent authorities, any results
from the increased monitoring and testing carried out by
Member States on consignments arriving before 14 March
2002 and,
if necessary, on the results of an on the spot
inspection visit by Community experts.

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 30 January 2002.

For the Commission

David BYRNE

Member of the Commission