2002/249/EC: Commission Decision of 27 March 2002 concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and imported from Myanmar (Text with EEA relevance) (notified under document number C(2002) 1302)
Date: 2002-03-27
Institutions: European Commission
Subjects: Myanmar/Burma, crustacean, foodstuffs legislation, health control, human nutrition, import, originating product

28.3.2002

EN

Official Journal of the European Communities

L 84/73

COMMISSION DECISION

of 27 March 2002

concerning certain protective measures with regard to certain fishery and aquaculture products
intended for human consumption and imported from Myanmar

(notified under document number C(2002) 1302)

(Text with EEA relevance)

(2002/249/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 178/2002 of the Euro-
pean Parliament and of the Council of 28 January 2002 laying
down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying
down procedures in matters of food safety (1), and in particular
Article 53(1) thereof,

implementing the mutual information requirement laid
down in Directive 97/78/EC.

(6)

(7)

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

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

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 (2), and in particular Article 22(1) thereof,

HAS ADOPTED THIS DECISION:

Whereas:

(1)

(2)

(3)

(4)

As regards,
in particular, food, Article 53(1)(b)(iii) of
Regulation (EC) No 17/2002 provides for the adoption
of any appropriate interim measure where it is evident
that food imported from a third country is likely to
constitute a serious risk to human health, animal health
or the environment.

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

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

Article 1

This Decision shall apply to shrimps imported from Myanmar.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignment of shrimps
imported from Myanmar to a chemical test in order to ensure
that the products concerned do not present a danger to human
health. This test must be carried out, in particular, with a view
to detecting the presence of chloramphenicol.

2. Member States shall immediately inform the Commission
of the results of the test referred in paragraph 1, making use of
the Rapid Alert System for Food set up by Regulation (EC) No
178/2002.

Article 3

Since the presence of this substance presents a potential
risk for human health, all consignments of shrimps
imported from Myanmar
sampled and
analysed in order to demonstrate their wholesomeness.

should be

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 tests
referred to in Article 2 are favourable.

(5)

Regulation (EC) No 178/2002 has set up the Rapid Alert
System for Food and recourse to it is appropriate for

Article 4

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 24, 30.1.1998, p. 9.

All expenditure incurred in applying this Decision shall be
charged to the consignor, the consignee or their agent.

L 84/74

EN

Official Journal of the European Communities

28.3.2002

Article 5

Article 7

Member States shall amend the measures they apply to imports
in order 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 competent authorities of Myanmar and of the
results of the tests referred to in Article 2.

This Decision is addressed to the Member States.

Done at Brussels, 27 March 2002.

For the Commission

David BYRNE

Member of the Commission