2003/493/EC: Commission Decision of 4 July 2003 imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil (Text with EEA relevance)
Date: 2003-07-04
Institutions: European Commission
Subjects: Brazil, food inspection, food standard, health certificate, import, import restriction, nut, originating product

5.7.2003

EN

Official Journal of the European Union

L 168/33

COMMISSION DECISION

of 4 July 2003

imposing special conditions on the import of Brazil nuts in shell originating in or consigned from
Brazil

(Text with EEA relevance)

(2003/493/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)(b) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Brazil nuts in shell originating in or consigned from
Brazil (‘Brazil nuts’) have been found, in many cases, to
be contaminated with excessive levels of aflatoxin B1
and total aflatoxin.

The Scientific Committee for Food has noted that afla-
toxin B1, even at extremely low levels, can cause cancer
of the liver and is also genotoxic.

Commission Regulation (EC) No 466/2001 of 8 March
2001 setting maximum levels for certain contaminants
in foodstuffs (2), as last amended by Regulation (EC) No
563/2002 (3), sets maximum levels for certain contami-
nants and in particular aflatoxins in foodstuffs. Those
limits have been frequently and largely exceeded in
samples of Brazil nuts.

Such contamination constitutes a serious threat to public
health within the Community and it is therefore appro-
priate to adopt protective measures at Community level.

The Commission's Food and Veterinary Office (‘FVO’)
carried out a mission in Brazil from 25 January to 9
February 2003 to assess the control systems in place to
prevent aflatoxin contamination levels in Brazil nuts
intended for export
to the Community. The mission
revealed, inter alia, that:

— the national

legislation provides for an inadequate

sampling procedure,

— no adequate traceability system is in place in relation
to Brazil nuts, either during the process chain, or in
relation to the export procedure and certification,

— control over the sample during the dispatch to the

laboratory is inadequate,

— some laboratories entitled to perform analysis for the
purposes of export certification do not produce accu-
rate or dependable results,

— on some aflatoxin certificates

issued by private
laboratories lot identification is often inadequate to
enable dependable guarantees on the relationship
between sample, lot and certificate,

— the official controls on returned lots is inadequate.

It is therefore appropriate to subject Brazil nuts in shell
originating in or consigned from Brazil to special, strict
conditions to provide a high level of protection to public
health.

It
is necessary that Brazil nuts be collected, sorted,
handled, processed, packaged and transported following
good hygiene practices. It is also necessary to establish
the levels of aflatoxin B1 and total aflatoxin in samples
taken from consignment
to their
dispatch from Brazil. The sampling and the analysis
should be performed in accordance with Commission
Directive 98/53/EC of 16 July 1998 laying down the
sampling methods and the methods of analysis for the
official control of the levels for certain contaminants in
foodstuffs (4), as amended by Directive 2002/27/EC of
13 March 2002 (5).

immediately prior

Brazil should provide documentary evidence to accom-
pany each consignment of Brazil nuts, relating to the
conditions of collection, sorting, handling, processing,
packaging and transport, as well as the results of labora-
tory analysis of the samples taken from consignment for
levels of aflatoxin B1 and total aflatoxin.

the FVO's mission,

From the findings of
it may be
concluded that Brazil cannot ensure currently depend-
able analytical results or guarantee lot integrity in respect
of certification of consignments of Brazil nuts. Therefore,
any certificate issued for Brazil nuts from Brazil raises
serious doubts with regard to its reliability. Furthermore,
it may also be concluded that current official controls on
returned lots are inadequate. It is therefore appropriate
to impose strict conditions on the return of non-
conforming lots. In the event that those strict conditions
are not complied with, subsequent non-conforming lots
should be destroyed.

(6)

(7)

(8)

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 77, 16.3.2001, p. 1.
(3) OJ L 86, 3.4.2002, p. 5.

(4) OJ L 201, 17.7.1998, p. 93.
(5) OJ L 75, 16.3.2002, p. 44.

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Official Journal of the European Union

5.7.2003

(9)

(10)

It is therefore necessary in order to safeguard public
health that all
lots of Brazil nuts imported into the
Community, are subjected to sampling and analysis for
their aflatoxin level by the competent authority of the
importing Member State prior
to release onto the
market.

results of official controls carried out

In the interests of public health, Member States should
provide the Commission with periodical reports of all
in
analytical
respect of consignments of Brazil nuts. Such reports
should be in addition to the notification obligations
under the Rapid Alert System for Food and Feed estab-
lished under Regulation (EC) No 178/2002.

The analysis must be performed by the official control labora-
tory for the analysis of aflatoxins in Brazil nuts in Belo Hori-
zonte, Brazil, the Laboratório de Controle de Qualidade de
Segurança Alimentar — (LACQSA).

Article 3

Code and points of entry into the Community for consign-
ments of Brazil nuts

1.
Each consignment of Brazil nuts shall be identified with a
code, which corresponds to the code on the report and health
certificate as provided for in Article 1(1)(a) and (b).

(11)

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,

2.
Consignments of Brazil nuts may only be imported into
the Community through one of the points of entry listed in
Annex 2.

HAS ADOPTED THIS DECISION:

Article 1

Restrictions on imports of Brazil nuts in shell originating
in or consigned from Brazil

1. Member States may not import Brazil nuts in shell falling
within category CN code 0801 21 00 originating in or
consigned from Brazil (‘Brazil nuts’), unless the consignment is
accompanied by:

(a) a report containing the results of official sampling and

analysis; and

(b) a health certificate issued in accordance with the model set
out in Annex 1 and completed, signed and verified by a
representative of the competent authority of Brazil, the
Ministério da Agricultura, Pecuária e Abastecimento —
(MAPA).

2.
By way of derogation from paragraph 1, Member States
shall authorise the import of consignments of Brazil nuts not
complying with paragraph 1(a) and (b), which left Brazil before
5 July 2003, provided that the operator can demonstrate by
in accordance with the provisions of
sampling and analysis,
Directive 98/53/EC, that the consignments comply with the
provisions of Regulation (EC) No 466/2001 as
regards
maximum permitted levels for aflatoxin B1 and total aflatoxin.

Article 4

Obligations on Member States as regards imports of Brazil
nuts from Brazil

1.
The competent authorities in each Member State shall
ensure that Brazil nuts are subject to documentary checks to
ensure that the requirements of Article 1(1) are complied with.

2.
The competent authorities in each Member State shall
undertake sampling and analysis of each consignment of Brazil
nuts for aflatoxin B1 and total aflatoxin before release onto the
market from the point of entry into the Community.

3. Member States shall submit to the Commission every
three months a report of all analytical results of official controls
on consignments of Brazil nuts, as provided for in paragraph 2.
This report shall be submitted during the month following each
quarter (1).

Any consignment of Brazil nuts to be subjected to
4.
sampling and analysis should be detained before release onto
the market from the point of entry into the Community for a
maximum period of 15 working days.

The competent authorities of the importing Member State shall
issue an accompanying official document establishing that the
consignment has been subjected to official sampling and
analysis by the Member State and indicating the result of the
analysis.

Article 5

Splitting of a consignment

Article 2

Sampling and analysis of Brazil nuts by the competent
authority of Brazil

The sampling and the analysis of Brazil nuts as provided for in
Article 1(1)(a) must be performed in accordance with the provi-
sions of Commission Directive 98/53/EC.

In case a consignment is split, copies of the report and health
certificate as provided for in Article 1(1)(a) and (b) and the
accompanying document as provided for in Article 4(4) shall
accompany each part of the split consignment. These copies
must be certified by the competent authority of the Member
State on whose territory the splitting has taken place.

(1) April, July, October, January.

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Article 6

Article 7

Consignments of Brazil nuts not complying with the
maximum levels for aflatoxin B1 and aflatoxin total

Consignments of Brazil nuts not complying with the maximum
levels for aflatoxin B1 and aflatoxin total, established by Regu-
lation (EC) No 466/2001 may be returned to the country of
each individual
origin only where
concerned non-
conforming
the Ministério da Agricultura,
Pecuária e Abastecimento — (MAPA), provides the following in
writing:

for
consignment

(a) explicit agreement for the return of the concerned consign-

ment, and indicating the consignment code;

(b) a commitment to put the returned consignment under offi-

cial control from the date of arrival onwards;

(c) a concrete indication of:

(i) the destination of the returned consignment;
(ii) the intended treatment of the returned consignment;

and

(iii) the intended sampling and analysis to be performed on

the returned consignment.

However, if the conditions provided for in points (a), (b) and (c)
are not complied with by the Ministério da Agricultura,
Pecuária e Abastecimento — (MAPA), all subsequent consign-
ments that do not comply with the maximum levels for afla-
toxin B1 and aflatoxin total, established by Regulation (EC) No
466/2001 shall be destroyed by the importing Member State.

This Decision shall be reviewed by 1 May 2004 at the latest, in
order to assess whether the special conditions provided for in
Articles 1, 2, 3 and 4 provide a sufficient level of protection of
public health within the Community. The review shall also
assess whether there is a continuing need for the sampling and
analysis of each consignment by the competent authority of
the importing Member State, as provided for in Article 4(2).

Article 8

Applicability

The Decision shall apply from 5 July 2003.

Member States shall take the measures necessary to comply
with this Decision. They shall inform the Commission thereof.

This Decision is addressed to the Member States.

Article 9

Done at Brussels, 4 July 2003.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

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ANNEX I

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Official Journal of the European Union

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List of points of entry through which Brazil nuts in shell originating in or consigned from Brazil may be
imported into the Community

ANNEX II

Member State

Point of entry

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Antwerpen, Zeebrugge, Brussel/Bruxelles, Aalst

All Danish harbours and airports

HZA Lörrach-ZA Weil am Rhein-Autobahn, HZA Stuttgart- ZA Flughafen, HZA München
- ZA München - Flughafen, HZA Hof- Schirnding-Landstraße, HZA Weiden -ZA Furth im
Wald-Schafberg, HZA Weiden - ZA Waidhaus-Autobahn, Bezirksamt Reinickendorf von
Berlin, Abteilung Finanzen, Wirtschaft und Kultur, Veterinär- und Lebensmittelaufsichts-
amt, Grenzkontrollstelle, HZA Frankfurt (Oder) - ZA Autobahn, HZA Cottbus- ZA Forst-
Autobahn, HZA Bremen- ZA Neustädter Hafen, HZA Bremen - ZA Bremerhaven, HZA
Hamburg-Hafen-ZA Waltershof, HZA Hamburg-Stadt, HZA Itzehoe-ZA Hamburg-Flug-
hafen, HZA Frankfurt-am-Main-Flughafen, HZA Braunschweig-Abfertigungsstelle, HZA
Hannover-Abfertigungsstelle, HZA Oldenburg-ZA Stade, HZA Dresden - ZA Dresden-
Friedrichstadt, HZA Pirna - ZA Altenberg, HZA Löbau - Zollamt Ludwigsdorf-Autobahn,
HZA Koblenz - ZA Hahn-Flughafen, HZA Oldenburg-ZA Wilhelmshaven, HZA Bielefeld -
ZA Eckendorfer Straße Bielefeld, HZA Erfurt - ZA Eisenach, HZA Potsdam - ZA Ludwigs-
felde, HZA Potsdam - ZA Berlin-Flughafen Schönefeld, HZA Augsburg - ZA Memmingen,
HZA Ulm - ZA Ulm (Donautal), HZA Karlsruhe - ZA Karlsruhe, HZA Berlin - ZA Drei-
linden, HZA Gießen- ZA Gießen, HZA Gießen - ZA Marburg, HZA Singen - ZA Bahnhof,
HZA Lörrach - ZA Weil am Rhein - Schusterinsel, HZA Hamburg-Stadt -ZA Oberelbe,
HZA Hamburg-Stadt - ZA Oberelbe - Abfertigungsstelle Billbrook, HZA Hamburg-Stadt -
ZA Oberelbe - Abfertigungsstelle Großmarkt, HZA Potsdam - ZA Berlin - Flughafen
Schönefeld, HZA Düsseldorf - ZA Düsseldorf Nord

Athina, Pireas, Elefsis, Aerodromio ton Athinon, Thessaloniki, Volos, Patra, Iraklion tis
Kritis, Aerodromio tis Kritis, Euzoni, Idomeni, Ormenio, Kipi, Kakavia, Niki, Promahonas,
Pithio, Igoumenitsa, Kristalopigi

Algeciras (Puerto), Alicante (Aeropuerto, Puerto), Almeria (Aeropuerto, Puerto), Asturias
(Aeropuerto), Barcelona (Aeropuerto, Puerto, Ferrocarril), Bilbao (Aeropuerto, Puerto),
Cadiz (Puerto), Cartagena (Puerto), Castellon (Puerto), Ceuta (Puerto), Gijón (Puerto), Huelva
(Puerto), Irun (Carretera), La Coruña (Puerto), La Junquera (Carretera) Las Palmas de Gran
Canaria (Aeropuerto, Puerto), Madrid (Aeropuerto, Ferrocarril), Malaga (Aeropuerto,
Puerto), Marin (Puerto), Melilla (Puerto), Murcia (Ferrocarril), Palma de Mallorca (Aero-
puerto, Puerto), Pasajes (Puerto), San Sebastián (Aeropuerto), Santa Cruz de Tenerife
(Puerto), Santander (Aeropuerto, Puerto), Santiago de Compostela (Aeropuerto), Sevilla
(Aeropuerto, Puerto), Tarragona (Puerto), Tenerife Norte (Aeropuerto), Tenerife Sur (Aero-
puerto), Valencia (Aeropuerto, Puerto), Vigo (Aeropuerto, Puerto), Villagarcia (Puerto),
Vitoria (Aeropuerto), Zaragoza (Aeropuerto)

Marseille (Bouches-du-Rhône), Le Havre (Seine-Maritime), Rungis MIN (Val-de-Marne), Lyon
Chassieu CRD (Rhône), Strasbourg CRD (Bas-Rhin), Lille CRD (Nord), Saint-Nazaire
Montoir CRD (Loire-Atlantique), Agen (Lot-et-Garonne), Port de la Pointe des Galets à la
Réunion

Dublin — Port and Airport, Cork — Port and Airport, Shannon — Airport

Ufficio Sanità Marittima ed Aerea di Ancona
Ufficio Sanità Marittima ed Aerea di Bari
Ufficio Sanità Marittima ed Aerea di Genova
Ufficio Sanità Marittima di Livorno
Ufficio Sanità Marittima ed Aerea di Napoli
Ufficio Sanità Marittima di Ravenna
Ufficio Sanità Marittima di Salerno
Ufficio Sanità Marittima ed Aerea di Trieste
Dogana di Fernetti-Interporto Monrupino (Trieste)
Ufficio di Sanità Marittima di La Spezia
Ufficio di Sanità Marittima e Aerea di Venezia
Ufficio di Sanità Marittima e Aerea di Reggio Calabria

Luxembourg

Centre Douanier, Croix de Gasperich, Luxembourg

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Member State

Point of entry

Netherlands

All harbours and airports and all border stations

Austria

Portugal

Finland

Sweden

United Kingdom

HZA Feldkirch, HZA Graz, Nickelsdorf, Spielfeld, HZA Wien, ZA Wels, ZA Kledering, ZA
Flughafen Wien, HZA Salzburg, ZA Klingenbach/Zweigstelle Sopron, ZA Karawanken-
tunnel, ZA Villach

Lisboa, Leixo˜ es

All Finnish Customs Offices.

Göteborg, Ystad, Stockholm, Helsingborg, Karlskrona, Karlshamn, Landvetter, Arlanda

Belfast, Channel Tunnel Terminal, Dover, Felixstowe, Gatwick Airport, Goole Grange-
mouth, Harwich, Heathrow Airport, Heysham, Hull, Immingham, Ipswich, King's Lynn,
Leith, Liverpool, London (including Tilbury, Thamesport and Sheerness), Manchester
Airport, Manchester Container Port, Manchester (including Ellesmere Port), Medway,
Middlesborough, Newhaven, Poole, Shoreham, Southampton, Stansted Airport."