2002/805/EC: Commission Decision of 15 October 2002 concerning certain protective measures with regard to certain products of animal origin for animal nutrition and imported from Ukraine (Text with EEA relevance) (notified under document number C(2002) 3785)
Date: 2002-10-15
Institutions: European Commission
Subjects: Ukraine, animal nutrition, food safety, foodstuff, foodstuffs legislation, health control, import, powdered milk

L 278/24

EN

Official Journal of the European Communities

16.10.2002

COMMISSION

COMMISSION DECISION

of 15 October 2002

concerning certain protective measures with regard to certain products of animal origin for animal
nutrition and imported from Ukraine

(notified under document number C(2002) 3785)

(Text with EEA relevance)

(2002/805/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
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)

regards

in particular,

As
food and feed, 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 or feed 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 chloramphenicol has been detected in
skimmed-milk powder and artificial milk replacer made
from skimmed-milk powder, intended for animal nutri-
tion and imported from Ukraine.

Since the presence of this substance in feed presents a
potential risk for animal and public health, all consign-
ments of milk powder and artificial milk replacer made
from milk powder,
intended for animal nutrition and
imported from Ukraine, shall be sampled and analysed in
order to demonstrate their wholesomeness.

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

(5)

(6)

(7)

Regulation (EC) No 178/2002 set 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 will be reviewed in the light of the guaran-
tees offered by the competent authorities of Ukraine and
on the basis of the results of the tests 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 milk powder and artificial milk
replacer made from milk powder, intended for animal nutrition,
and imported from Ukraine.

Article 2

1. Member States shall, using appropriate sampling plans
and detection methods, subject each consignment of milk
powder or artificial milk replacer made from milk powder,
intended for animal nutrition and imported from Ukraine, to a
chemical test in order to ensure that the products concerned do
not present a hazard for animal or public health. This test must
be carried out,
in particular, with a view to detecting the
presence of chloramphenicol.

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 and feed, set up by Regulation
(EC) No 178/2002.

16.10.2002

EN

Official Journal of the European Communities

L 278/25

Article 3

Article 6

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.

This Decision shall be reviewed on the basis of the guarantees
provided by the competent Ukrainian authorities and of the
results of the tests referred to in Article 2.

Article 4

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

Article 5

Member States shall amend the measures they apply to imports
in order to bring them into line with this Decision and they
shall give immediate appropriate publicity to the measures
adopted. They shall
immediately inform the Commission
thereof.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 15 October 2002.

For the Commission

David BYRNE

Member of the Commission