2002/794/EC: Commission Decision of 11 October 2002 concerning certain protective measures with regard to poultrymeat, poultrymeat products and poultrymeat preparations intended for human consumption and imported from Brazil (Text with EEA relevance) (notified under document number C(2002) 3692)
Date: 2002-10-11
Institutions: European Commission
Subjects: Brazil, foodstuffs legislation, health control, human nutrition, import, poultrymeat

L 276/66

EN

Official Journal of the European Communities

12.10.2002

COMMISSION DECISION

of 11 October 2002

concerning certain protective measures with regard to poultrymeat, poultrymeat products and
poultrymeat preparations intended for human consumption and imported from Brazil

(notified under document number C(2002) 3692)

(Text with EEA relevance)

(2002/794/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

the
Having regard to Regulation (EC) No 178/2002 of
European 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,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

in particular,

As regards,
food, Article 53(1)(b)(iii) of
Regulation (EC) No 178/2002 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 Article 22 of 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 poultry-
meat and poultrymeat preparations intended for human
consumption and imported from Brazil.

Brazil provided appropriate guarantees to the Commis-
sion, which should apply from 10 May 2002.

However, the presence of nitrofurans has been detected
from Brazil certified
in consignments of poultrymeat
after 10 May 2002.

Since the presence of these substances on food presents
a potential risk for human health, all consignments of
poultrymeat, poultrymeat products and poultrymeat
preparations imported from Brazil shall be sampled and
analysed in order to demonstrate their wholesomeness.

(7)

(8)

(9)

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 will be reviewed in the light of the guaran-
tees offered by the competent authorities of Brazil and
on the basis of the results of the test carried out by
Member States.

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,

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to poultrymeat, poultrymeat products
and poultrymeat preparations imported from Brazil.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignment of poultry-
meat, poultrymeat products and poultrymeat preparations
imported from Brazil 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 detecting the presence of nitrofurans and their metabolites.

2. Member States shall inform the Commission of the results
of the test referred to 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

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

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

12.10.2002

EN

Official Journal of the European Communities

L 276/67

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 Brazilian authorities and of the
results of the tests referred to in Article 2.

This Decision is addressed to the Member States.

Done at Brussels, 11 October 2002.

For the Commission

David BYRNE

Member of the Commission