2002/251/EC: Commission Decision of 27 March 2002 concerning certain protective measures with regard to poultrymeat and certain fishery and aquaculture products intended for human consumption and imported from Thailand (Text with EEA relevance) (notified under document number C(2002) 1319)
Date: 2002-03-27
Institutions: European Commission
Subjects: Thailand, crustacean, health control, human nutrition, import, originating product, poultry, poultrymeat

28.3.2002

EN

Official Journal of the European Communities

L 84/77

COMMISSION DECISION

of 27 March 2002

concerning certain protective measures with regard to poultrymeat and certain fishery and aqua-
culture products intended for human consumption and imported from Thailand

(notified under document number C(2002) 1319)

(Text with EEA relevance)

(2002/251/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,

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,

(6)

(7)

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

HAS ADOPTED THIS DECISION:

Article 1

Whereas:

This Decision shall apply to poultrymeat and shrimps imported
from Thailand.

(1)

(2)

(3)

(4)

(5)

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 nitrofurans has been detected in poul-
trymeat and shrimps intended for human consumption
and imported from Thailand.

Since the presence of this substance presents a potential
risk for human health, all consignments of poultrymeat
and shrimps imported from Thailand should be sampled
and analysed in order to demonstrate their wholesome-
ness.

Regulation (EC) No 178/2002 has set up the Rapid Alert
System for Food and recourse to it is appropriate for
implementing the mutual information requirement laid
down in Directive 97/78/EC.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignment of poultry-
meat and each consignment of shrimps imported from Thai-
land 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 antimicrobial substances and in particular nitro-
furans and their metabolites.

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

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.

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 84/78

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 Thai authorities 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