2004/198/EC: Commission Decision of 27 February 2004 amending Decision 2002/794/EC 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(2004) 557)
Date: 2004-02-27
Institutions: European Commission
Subjects: Brazil, foodstuffs legislation, human nutrition, import, poultrymeat, veterinary inspection

2.3.2004

EN

Official Journal of the European Union

L 64/39

COMMISSION

COMMISSION DECISION

of 27 February 2004

amending Decision 2002/794/EC concerning certain protective measures with regard to poultry-
meat, poultrymeat products and poultrymeat preparations intended for human consumption and
imported from Brazil

(notified under document number C(2004) 557)

(Text with EEA relevance)

(2004/198/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), as amended by
Regulation (EC) No 1642/2003 (2), 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 (3), and in particular Article 22(1) thereof,

Whereas:

(1)

(2)

(3)

In accordance with Commission Decision 2002/794/
EC (4) all consignments of poultrymeat, poultrymeat
products and poultrymeat preparations imported from
Brazil must be sampled in order to demonstrate the
absence of nitrofurans.

Decision 2002/794/EC should be reviewed, according to
Article 6 thereof, in the light of the guarantees offered
by the competent authorities of Brazil and on the basis
of the results of the test carried out by the Member
States.

The competent authorities of Brazil have submitted to
the Commission on 27 May 2003 an action plan, which
was considered satisfactory by the Commission.

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 245, 29.9.2003, p. 4.
(3) OJ L 24, 30.1.1998, p. 9.
(4) OJ L 276, 12.10.2002, p. 66.

(4)

(5)

The Food and Veterinary Office concluded in its mission
report (5) that the implementation and enforcement of
this action plan were carried without important deficien-
cies.

Since 12 August 2003, the Commission, through the
RASFF system, did not receive any relevant notification
of nitrofuran in poultrymeat, poultrymeat products or
poultrymeat preparations from Brazil.

(6)

The frequency of sampling and testing shall therefore be
reduced.

(7)

Decision 2002/794/EC should be amended accordingly.

(8)

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

In Article 2 of Decision 2002/794/EC, the text of paragraph 1
is replaced by the following text:

‘1. Member States shall, using appropriate sampling
plans and detection methods, subject 20 % of the consign-
ments of poultrymeat, poultrymeat products and poultry-
meat 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.’

(5) DG SANCO/9047/2003 — Final.

L 64/40

EN

Official Journal of the European Union

2.3.2004

This Decision shall apply from 9 March 2004.

Article 2

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.

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 27 February 2004.

For the Commission

David BYRNE

Member of the Commission