2004/621/ECCommission Decision of 26 August 2004 amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2004) 3256)(Text with EEA relevance)
Date: 2004-08-26
Institutions: European Commission
Subjects: China, animal nutrition, animal product, health control, human nutrition, import, originating product, veterinary inspection

L 279/44

EN

Official Journal of the European Union

28.8.2004

COMMISSION DECISION

of 26 August 2004

amending Decision 2002/994/EC concerning certain protective measures with regard to the
products of animal origin imported from China

(notified under document number C(2004) 3256)

(Text with EEA relevance)

(2004/621/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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)

animal

products

residues of
of

the detection of
certain
in

veterinary
Following
medicines
origin
imported from China, and the shortcomings identified
during an inspection visit
to that country as regards
the regulation of veterinary medicines 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 (2).

In the light of the information provided by the Chinese
competent authority and the favourable results of the
checks carried out by Member States importation of
certain products of animal origin from China was
amendments
authorised
to
several
consolidated in
Decision 2002/69/EC, which were
Commission Decision 2002/994/EC (3).

by means of

(4)

(5)

(6)

to China, and the results of the checks carried out by
Member States when importing products from China, it
may now be considered that products of animal origin
imported from China are subject
to complete and
systematic food and feed safety checks.

The Chinese competent authority has guaranteed,
in
particular, that each consignment of products of animal
origin intended for human consumption or animal
nutrition in the Community must undergo a systematic
pre-shipment check in order to detect the presence of
Chinese
residues
veterinary medicines.
competent
all
consignments will be accompanied by a declaration of
the competent authority confirming that the products
have been checked before export and including the
results of the analytical checks.

also guaranteed that

authority has

The

of

to replace

appropriate

In view of the results and guarantees explained above, it
the protective measures
is
provided for by Decision 2002/994/EC by a requirement
that the consignments concerned be tested at the place of
origin before export to the Community, and be accom-
panied by a corresponding attestation.

identified some defi-
However, the inspection visit still
ciencies as regards the sanitary conditions applied in
China to the production of poultry meat intended for
export to the Community. In view of those deficiencies,
together with the situation created by the outbreaks of
avian influenza, the restrictions on imports of poultry
meat cannot yet be lifted.

(3)

In view of the implementation of corrective measures
and the guarantees provided by the Chinese competent
authority, the favourable results of a new inspection visit

(7)

Decision 2002/994/EC should therefore be amended
accordingly.

(1) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1).

(2) OJ L 30, 31.1.2002, p. 50. Decision as last amended by Decision

2002/933/EC (OJ L 324, 29.11.2002, p. 71).

(3) OJ L 348, 21.12.2002, p. 154. Decision as amended by Decision

2003/72/EC (OJ L 26, 31.1.2003, p. 84).

(8)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

28.8.2004

EN

Official Journal of the European Union

L 279/45

HAS ADOPTED THIS DECISION:

3. Article 6 is replaced by the following:

Article 1

‘Article 6

Decision 2002/994/EC is amended as follows:

1. Articles 2 and 3 are replaced by the following:

‘Article 2

Member States shall authorise the imports of products listed
in the Annex in accordance with this Decision, and with the
specific animal and public health conditions applicable to the
products concerned.

This Decision shall be reviewed on the basis of the infor-
mation and guarantees provided by the Chinese competent
authority and,
if necessary, the results of an on-the-spot
inspection visit by Community experts.’;

4. The Annex is replaced by the text in the Annex to this

Decision.

Article 2

Article 3

This Decision shall apply from 31 August 2004.

Member States shall authorise imports of consignments of
products listed in section II of the Annex accompanied by a
declaration of the Chinese competent authority stating that
each consignment has been subjected before dispatch to a
chemical test in order to ensure that the products concerned
do not present a danger to human health. This test must be
carried out,
in particular, with a view to detecting the
presence of Chloramphenicol and Nitrofuran and its meta-
the analytical checks have to be
bolites. The results of
included.’;

2. Article 4 is deleted;

Article3

This Decision is addressed to the Member States.

Done at Brussels, 26 August 2004.

For the Commission

David BYRNE
Member of the Commission

L 279/46

EN

Official Journal of the European Union

28.8.2004

ANNEX

‘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 the attestation provided for in Article 3
— Fishery products, except:

— those obtained by aquaculture,
— peeled and/or processed shrimps,
— Crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing operations,

— 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 the attestation provided by Article 3:
— Aquaculture fishery products.
— Peeled and/or processed shrimps.
— Crayfish of the species Procambrus clarkii caught in natural fresh waters by fishing operations.
— Casings.
— Rabbit meat.
— Honey.
— Royal Jelly.’.