2002/441/EC: Commission Decision of 10 June 2002 amending Decision 2002/69/EC 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) 2062)
Date: 2002-06-10
Institutions: European Commission
Subjects: China, animal product, fishery product, health control, import, public health, veterinary inspection

L 151/16

EN

Official Journal of the European Communities

11.6.2002

COMMISSION DECISION

of 10 June 2002

amending Decision 2002/69/EC concerning certain protective measures with regard to the
products of animal origin imported from China

(notified under document number C(2002) 2062)

(Text with EEA relevance)

(2002/441/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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(6) 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.

Following the detection of chloramphenicol
in certain
aquaculture and fishery products imported from China,
the Commission adopted Decision 2001/699/EC of 19
September 2001, concerning certain protective measures
with regard to certain fishery and aquaculture products
intended for human consumption and originating in
China and Vietnam (2).

Furthermore, following the serious shortcomings identi-
fied during a Community inspection visit to China, the
Commission adopted Decision 2002/69/EC of 30
January 2002, concerning certain protective measures
with regard to the products of animal origin imported
from China (3). This Decision provides that it shall be
reviewed on the basis of the information provided by
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 inspec-
tion visit by Community experts.

Following the information provided by the Chinese
authorities and the favourable results of the tests carried
out on certain crustaceans caught in the Atlantic Ocean,
in certain fishery products of some fish species and in
gelatin, imports of these products from China should be
authorised. However, since the presence of chloramphe-
nicol has been detected in fishery products of the species
Alaska pollack, cod and redfish, it is necessary to ensure

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 251, 20.9.2001, p. 11.
(3) OJ L 30, 31.1.2002, p. 50.

their safety, and to foresee a transitional period until 30
September 2002, during which the imports of these
products shall be subjected to intensified monitoring and
testing of a 20 % of the consignments arriving to the
Community border inspection post.

Since the presence of chloramphenicol has also been
detected in casings imported from China, it is necessary
to subject the imports of this product to the same inten-
sified monitoring and testing provided for the fishery
products of the species Alaska pollack, cod and redfish.

Regulation (EC) No 178/2002 of the European Parlia-
ment and of the Council (4) sets up the Rapid Alert
System for food and feed, and recourse to it is appro-
priate for implementing the mutual information require-
ment laid down in Directive 97/78/EC.

This Decision should be reviewed in the light of informa-
tion and guarantees provided by the competent authori-
ties of China and on the basis of the results of the tests
carried out by Member States.

Decision 2002/69/EC should,
accordingly.

therefore, be amended

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

(5)

(6)

(7)

(8)

(9)

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/69/EC is amended as follows:

1. In Article 2 paragraph 2 is replaced by the following:

‘2.
By derogation from paragraph 1, Member States shall
authorise the imports of products listed in Annex I and II of
the present Decision in accordance with the following provi-
sions, in addition to the provisions of Directive 97/78/EC. In
the case of products listed in Annex II,
imports shall be
authorized only if the results of the test referred to in Article
3 are favourable.’

(4) OJ L 31, 1.2.2002, p. 1.

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Official Journal of the European Communities

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2. Article 3 is replaced by the following:

4. The text in the Annex to this Decision is added as Annexes I

‘Article 3

1.
Until 30 September 2002 Member States shall, using
appropriate sampling plans and detection methods, subject
20 % of all consignments of products imported from China
and listed in the Annex II to the present Decision, to a
chemical test in order to ensure that the products concerned
do not present a hazard to human health. This test must be
in particular, with a view to detecting the
carried out,
presence of residues of veterinary drugs, pesticides, contami-
nants and prohibited substances.

2. Member States shall immediately inform the Commis-
sion of the results of the test referred to in paragraph 1, by
means of the Rapid Alert System for food and feed, set up
by Regulation (EC) No 178/2002.’

3. Article 6 is replaced by the following:

‘Article 6

This Decision shall be reviewed on the basis of the informa-
tion and guarantees provided by the Chinese competent
authorities, the results of the tests referred to in Article 3
and, if necessary, the results of an on the spot inspection
visit by Community experts.’

and II.

Article 2

This Decision shall apply from 14 June 2002.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 10 June 2002.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

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ANNEX

‘ANNEX I

List of products of animal origin intended for human consumption or animal feed use authorised to be imported
into the Community

— Fishery products, which are caught, frozen and packaged in their final packaging at sea and landed directly on
Community territory, excluding all crustaceans except those caught in the Atlantic Ocean referred to below, and
excluding: entire fish, fish deheaded and gutted and fish fillets from species listed in Annex II which require testing
— Entire crustaceans caught in the Atlantic Ocean, which have not undergone any preparation or processing operation
other than freezing and packaging in their final package at sea and landed directly on Community territory

— Gelatine

ANNEX II

List of products of animal origin intended for human consumption or animal feed use authorised to be imported
into the Community, subject to a chemical test under the conditions of Article 3

— Entire fish, fish deheaded and gutted and fish fillets from the following species caught at sea:

— Alaska pollack (Theragra chalcogramma)
— cod (Gadus spp.)
— redfish (Sebastes spp.)

— Casings’