2002/994/EC: Commission Decision of 20 December 2002 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) 5377)
Date: 2002-12-20
Institutions: European Commission
Subjects: China, animal nutrition, animal product, health control, human nutrition, import (EU), originating product, veterinary inspection

L 348/154

EN

Official Journal of the European Communities

21.12.2002

COMMISSION

COMMISSION DECISION

of 20 December 2002

concerning certain protective measures with regard to the products of animal origin imported
from China

(notified under document number C(2002) 5377)

(Text with EEA relevance)

(2002/994/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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(1) thereof,

Whereas:

(1)

(2)

(3)

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.

Under Council Directive 95/53/EC of 25 October, 1995
fixing the principles governing the organisation of offi-
cial inspections in the field of animal nutrition (2), as last
amended by Directive 2001/46/EC of
the European
Parliament and of the Council (3), the necessary measures
must be adopted as regards the import of certain
products from third countries and intended for animal
nutrition, where any cause likely to constitute a serious
danger
is
spreading.

to animal or human health appears or

Under Council Directive 96/23/EC of 29 April 1996, on
measures to monitor certain substances and residues
thereof
in live animals and animal products and
repealing Directives 85/358/EEC and 86/469/EEC and
Decisions 89/187/EEC and 91/664/EEC (4), the produc-
tion process of animals and primary products of animal
origin shall be monitored for the purpose of detecting
the presence of certain residues and substances in live
animals, their excrements and body fluids and in tissue,
animal products, animal feed and drinking water.

Following the detection of chloramphenicol
in certain
aquaculture and fishery products imported from China,
the Commission adopted Decision 2001/699/EC, of 9
September 2001 concerning certain protective measures
with regard to certain fishery and aquaculture products
intended for human consumption and originating in
China and Vietnam (5), modified by Decision 2002/770/
EC (6). Furthermore, and following the shortcomings
identified during an inspection visit to China as regards
veterinary medicines regulation and the residue control
system in live animals and animal products,
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 (7), as last amended by Commission Decision
2002/933/EC (8).

(5)

Decision 2002/69/EC provides that it shall be reviewed
in the light of information provided by the competent
authorities of China, any results from the increased
monitoring and testing carried out by Member States on
consignments arriving at the Community border inspec-
tion posts and, if necessary, on the basis of the results of
a new inspection visit carried out on the spot by
information provided by
Community experts. The
Chinese authority and the favourable results of
the
checks carried out by Member States have allowed
importation of certain products of
authorisation of
animal origin and therefore several modifications of
Decision 2002/69/EC.

(6)

In view of the information provided by the Chinese
authorities,
the categories of products of
animal origin for which the Chinese residue monitoring
plans are approved are authorised.

imports of

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 265, 8.11.1995, p. 17.
(3) OJ L 234, 1.9.2001, p. 55.
(4) OJ L 125, 23.5.1996, p. 10.

(5) OJ L 251, 20.1.2001, p. 11.
(6) OJ L 265, 3.10.2002, p. 16.
(7) OJ L 30, 31.1.2002, p. 50.
(8) OJ L 324, 29.11.2002, p. 71.

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L 348/155

(7)

(8)

(9)

(10)

(11)

For certain other categories of products of animal origin,
it is necessary in view of the results of the checks carried
out by Member States to maintain the monitoring
mechanisms established under Decision 2002/69/EC.
The frequency of the tests to be carried out on the
consignments should be fixed in accordance with the
level of risk observed.

therefore

be
for eels and shrimps,

Fishery products obtained by other means than aquacul-
ture are not concerned by the risks identified above and
from monitoring.
should
However,
it is not possible to
distinguish between aquaculture and wild catches for the
time being, except for catches of shrimps made in the
Atlantic Ocean; therefore, those products should remain
prohibited except for the latter category of crustacean.

exempted

The monitoring provided for by Decision 2001/669/EC
was maintained for a transitional period with regard to
China, while it was subsequently deleted with regard to
Vietnam by Decision 2002/770/EC.

It is therefore appropriate to update and consolidate in
the present Decision the provisions in Decision 2002/
69/EC and to repeal Decisions 2001/669/EC and 2002/
69/EC accordingly.

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 all products of animal origin
imported from China and intended for human consumption or
animal feed use.

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 resi-
dues of veterinary drugs, pesticides, contaminants and prohib-
ited substances.

2.
For products listed in section II of the Annex, the tests
shall be carried out on 20 % of all consignments; for products
listed in section III, each consignment shall be tested.

3. Member States shall inform the Commission of the results
of the tests referred to in paragraph 1 by means of the Rapid
Alert System for food and feed set up by Regulation (EC) No
178/2002 of the European Parliament and of the Council (1),
immediately when they are positive, and every week for nega-
tive results.

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 modify the measures they apply to trade
to bring them into line with this Decision. They shall immedi-
ately inform the Commission thereof.

Article 6

This Decision shall be reviewed on the basis of the information
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.

Article 7

Article 2

Decision 2001/699/EC and Decision 2002/69/EC are repealed.

1. Member States shall prohibit
referred in Article 1.

the imports of products

By derogation from paragraph 1, Member States shall
2.
authorise the imports of products listed in the Annex to the
present decision in accordance with the following provisions,
and with the specific animal and public health conditions
applicable to the products concerned. In the case of products
listed in Part II and III of the Annex to the present Decision,
imports shall be authorised only if
the test
referred to in Article 3 are favourable.

the results of

Article 3

1. Member States shall, using appropriate sampling plans
and detection methods, subject consignments of products listed
in sections II and III of the Annex to the present Decision, to a

Article 8

This Decision shall apply from 24 December 2002.

Article 9

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2002.

For the Commission

David BYRNE

Member of the Commission

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

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ANNEX

PART I

List of products of animal origin intended for human consumption or animal feed use authorised to be
imported into the Community without testing

— Fishery products, except:

— those obtained by aquaculture,
— eels,
— shrimps other than those caught in the Atlantic Ocean as referred to below.

— Entire shrimps 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.

PART 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 paragraph 2 of Article 3

— Casings,

— Crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing operations,

— Surimi obtained from the fishery products authorised in Part I.

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 paragraph 2 of Article 3

PART III