2004/92/EC: Commission Decision of 21 January 2004 on emergency measures regarding chilli and chilli products (Text with EEA relevance) (notified under document number C(2004) 68)
Date: 2004-01-21
Institutions: European Commission
Subjects: consumer protection, dyestuff, food inspection, fruit vegetable, import restriction

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Official Journal of the European Union

30.1.2004

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 21 January 2004

on emergency measures regarding chilli and chilli products

(notified under document number C(2004) 68)

(Text with EEA relevance)

(2004/92/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 Euro-
pean 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
Articles 53 and 54 thereof,

Whereas:

(1)

(2)

(3)

(4)

According
to Regulation (EC) No 178/2002 the
Commission is to suspend the placing on the market or
use of a food or feed that is likely to constitute a serious
risk to human health, or take any other appropriate
interim measure when such risk cannot be contained
satisfactorily by means of measures
taken by the
Member States concerned.

On 9 May 2003, France sent initial information through
the rapid alert system for food and feed relating to
in hot chilli products
discovery of
originating from India. There is no evidence that
products of Community origin are concerned by such
findings.

the dye Sudan I

Decision 2003/460/EC (2) on emergency measures
regarding hot chilli and hot chilli products was adopted
by the Commission on 20 June 2003.

In implementation of Decision 2003/460/EC, Member
States have carried out checks on the presence of the
substance concerned and related substances in chilli and

(1) OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC)

No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(2) OJ L 154, 21.6.2003, p. 114.

chilli products. There have been findings of Sudan I in
chilli and chilli products. Other substances such as
Sudan II, Sudan III and Scarlet Red (Sudan IV) have also
been found in chilli and chilli products. A number of
chilli products such as curry powders are concerned. All
findings were notified through the rapid alert system for
food and feed in compliance with Article 50 of Regu-
lation (EC) No 178/2002.

(5)

(6)

(7)

Sudan I, Sudan II, Sudan III and Scarlet Red (Sudan IV)
have been classified as category 3 carcinogens by the
International Agency for Research on Cancer (IARC).

The findings initially reported by France and confirmed
by other findings in the European Union point to an
adulteration constituting a serious health risk.

Given the seriousness of the health threat and the posi-
tive findings, it is necessary to maintain and extend the
measures established by Decision 2003/460/EC. More-
over, account should be taken of potential triangular
trade, especially for products for which there is no offi-
cial certification of origin.
In order to protect public
health, it is appropriate to require that consignments of
chilli and chilli products imported into the Community
in whatever form,
intended for human consumption,
should be accompanied by an analytical report provided
by the importer or food business operator concerned
demonstrating that the consignment does not contain
Sudan I, Sudan II, Sudan III or Scarlet Red (Sudan IV).
For the same reason, Member States should carry out
random sampling and analysis of chilli and chilli
products which are being imported or are already on the
market.

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It is appropriate to order the destruction of adulterated
chilli and chilli products to avoid their introduction into
the food chain.

Article 3

Sampling and analysis

Since the measures provided for in this Decision have an
impact on the control resources of the Member States,
the results of these measures should be evaluated at the
latest after 12 months in order to assess whether they
are still necessary for the protection of public health.

1. Member States shall take appropriate measures, including
random sampling and analysis of chilli and chilli products
presented for importation or already on the market in order to
verify the absence of the chemical substances referred to in
Article 2(1).

That evaluation should take account of the results of all
analyses carried out by the competent authorities.

Member States shall inform the Commission through the rapid
alert system for food and feed of all consignments which are
found to contain those substances.

(8)

(9)

(10)

(11)

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

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purposes of this Decision ‘chilli and chilli products’
means

(a) fruits of the genus Capsicum, dried and crushed or ground
within CN code 0904 20 90, in whatever form, intended
for human consumption, and

(b) curry powder within CN code 0910 50, in whatever form,

intended for human consumption

Article 2

Conditions for import of chilli and chilli products

1. Member States shall prohibit the import of chilli and
chilli products unless an analytical report accompanying the
consignment demonstrates that the product does not contain
any of the following chemical substances:

(a) Sudan I (CAS number 842-07-9);

(b) Sudan II (CAS number 3118-97-6);

(c) Sudan III (CAS number 85-86-9);

(d) Scarlet Red or Sudan IV (CAS number 85-83-6).

The competent authorities in the Member States shall
2.
check that each consignment of chilli and chilli products
presented for importation is accompanied by an analytical
report as provided for in paragraph 1.

3.
In the absence of such an analytical report as provided
for in paragraph 1, the importer established in the Community
shall have the product tested to demonstrate that it does not
contain one or more of the chemical substances referred to in
paragraph 1. Pending availability of the analytical report, the
product shall be detained under official supervision.

Member States shall report to the Commission on a quarterly
basis on the consignments which were found not to contain
those substances. These reports shall be submitted before the
end of the month following each quarter.

2.
Any consignment subjected to official sampling and
analysis may be detained before release onto the market for a
maximum period of 15 working days.

Article 4

Splitting of a consignment

If a consignment is split, a certified copy of the analytical
report provided for in Article 2(1) shall accompany each part
of the split consignment.

Article 5

Adulterated consignments

Chilli and chilli products that are found to contain one or more
of the chemical substances referred to in Article 2(1) shall be
destroyed.

Article 6

Recovery of costs

resulting from analysis,

All costs
storage or destruction
pursuant to Article 2(1) or (3) and Article 5 shall be borne by
the importers or food business operators concerned.

Article 7

Review of the measures

This Decision shall be reviewed by 31 January 2005 at the
latest.

Article 8

Repealing

Decision 2003/460/EC is repealed.

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Article 9

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 21 January 2004.

For the Commission

David BYRNE

Member of the Commission