2002/250/EC: Commission Decision of 27 March 2002 concerning the extension of the protective measures provided by Decision 2001/699/EC, with regard to the fishery and aquaculture products imported from Vietnam (Text with EEA relevance) (notified under document number C(2002) 1303)
Date: 2002-03-27
Institutions: European Commission
Subjects: Viet Nam, crustacean, foodstuffs legislation, health control, human nutrition, import, originating product

28.3.2002

EN

Official Journal of the European Communities

L 84/75

COMMISSION DECISION

of 27 March 2002

concerning the extension of the protective measures provided by Decision 2001/699/EC, with
regard to the fishery and aquaculture products imported from Vietnam

(notified under document number C(2002) 1303)

(Text with EEA relevance)

(2002/250/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,

detect the presence of this substance, or his metabolites,
to all consignments of shrimps imported from Vietnam.

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.

This Decision shall be reviewed in the light of informa-
tion and guarantees provided by the competent authori-
ties of Vietnam and on the basis of the results of the test
carried out by 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,

(6)

(7)

(8)

Whereas:

HAS ADOPTED THIS DECISION:

(1)

(2)

(3)

(4)

(5)

Under Regulation (EC) No 178/2002 it is provided that
the Commission shall adopt the appropriated measures
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.

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.

and fishery products

Following the detection of chloramphenicol in certain
aquaculture
imported from
Vietnam,
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 (3).

Following the application of controls provided by
Decision 2001/699/EC the presence of nitrofurans has
been detected in shrimps imported from Vietnam and
intended for human consumption.

Since the presence of nitrofurans on foods presents a
potential risk for human health the controls checks
provided by Decision 2001/699/EC shall be extended to

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 24, 30.1.1998, p. 9.
(3) OJ L 251, 20.9.2001, p. 11.

Article 1

This Decision shall apply to shrimps imported from Vietnam
and intended for human consumption.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignments of shrimps
imported from 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 nitrofurans or its metabolites.

2. Member States shall inform immediately 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 checks
referred to in Article 2 are favourable.

Article 4

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

L 84/76

EN

Official Journal of the European Communities

28.3.2002

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 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, 27 March 2002.

For the Commission

David BYRNE

Member of the Commission