2005/402/EC: Commission Decision of 23 May 2005 on emergency measures regarding chilli, chilli products, curcuma and palm oil (notified under document number C(2005) 1454)   (Text with EEA relevance)
Date: 2005-05-23
Institutions: European Commission
Subjects: consumer protection, food inspection, food safety, fruit vegetable, import restriction, vegetable oil

L 135/34

EN

Official Journal of the European Union

28.5.2005

COMMISSION DECISION

of 23 May 2005

on emergency measures regarding chilli, chilli products, curcuma and palm oil

(notified under document number C(2005) 1454)

(Text with EEA relevance)

(2005/402/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
food safety (1), and in particular
procedures in matters of
Article 53(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Under 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.

Under Commission Decision 2004/92/EC of 21 January
2004 on emergency measures regarding chilli and chilli
products (2), Member States have carried out checks for
the presence of the chemical substances Sudan I, Sudan
II, Sudan III and Scarlet Red (Sudan IV). Those substances
have been found in chilli and chilli products as well as
curcuma or palm oil. All findings were notified through
the Rapid Alert System for food and feed pursuant to
Article 50 of Regulation (EC) No 178/2002.

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 extent of
constituting a serious health risk.

the findings points to an adulteration

Given the seriousness of the health threat, it is necessary
in Decision
to maintain the measures provided for

2004/92/EC and to extend them to curcuma and palm
oil. Moreover, account should be taken of the possibility
of triangular trade, especially for food products for which
there is no official certification of origin.
In order to
it is appropriate to require that
protect public health,
consignments of chilli, chilli products, curcuma and
imported into the Community in whatever
palm oil
form,
should be
accompanied by an analytical report provided by the
importer or food business operator concerned demon-
strating that the consignment does not contain Sudan
I, Sudan II, Sudan III or Scarlet red (Sudan IV).

intended for human consumption,

(6)

(7)

(8)

(9)

The analytical report accompanying the consignments of
chilli, chilli products, curcuma and palm oil should be an
original document endorsed by the competent authorities
from the country emitting the document. These measures
aim to improve the guarantees offered by the document.

Member States should also be required to carry out
random sampling and analysis of chilli, chilli products,
curcuma and palm oil presented for importation or
already on the market.

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

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 reviewed within
12 months in order to assess whether they are still
necessary for the protection of public health.

(10)

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

(11)

Transitional measures are necessary for consignments of
chilli, chilli products, curcuma and palm oil
imported
before the date of publication of this Decision.

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

(12)

No 1642/2003 (OJ L 245, 29.9.2004, p. 4).

(2) OJ L 27, 30.1.2004, p. 52.

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

in this Decision are in
Standing
the

opinion

the

of

28.5.2005

EN

Official Journal of the European Union

L 135/35

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purposes of this Decision the following definitions shall
apply:

(a)

‘chilli’, 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) ‘chilli products’, curry powder within CN Code 0910 50, in
whatever form, intended for human consumption and

In the absence of such an analytical report as provided for
4.
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.

Article 3

Sampling and analysis

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

(c)

‘curcuma’, curcuma dried and crushed or ground within CN
intended for human
Code 0910 30,
consumption and

in whatever form,

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.

(d) ‘palm oil’, palm oil within CN Code 1511 10 90, intended

for direct human consumption.

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 that quarter.

Article 2

Imports conditions

1. Member States shall prohibit the import of chilli, chilli
products, curcuma and palm oil unless an original 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),

Any consignment

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

subjected to official

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

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

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

The analytical report shall be endorsed by a representative

2.
of the relevant competent authority.

The competent authorities in the Member States shall
3.
check that
chilli products,
curcuma and palm oil presented for importation is accom-
panied by an analytical report as provided for in paragraph 1.

each consignment of

chilli,

Article 6

Recovery of costs

All costs resulting from analysis, storage or destruction pursuant
to Article 2(1) or (4) and Article 5 shall be borne by the
importers or food business operators concerned.

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Official Journal of the European Union

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Article 7

Transitional measures

1.
By derogation from Article 2(2), for consignments which
left the country of origin before the date of publication of this
Decision, Member States shall accept the analytical report for
the products listed in Article 1(a) and 1(b) without the official
endorsement referred to in that provision.

2.
By derogation from Article 2(1), for consignments which
left the country of origin before the date of publication of this
Decision, Member States shall accept
the
products listed in Article 1(c) and 1(d) without the analytical
report referred to in that provision.

the imports for

Article 8

Review of the measures

This Decision shall be reviewed by 22 May 2006 at the latest.

Article 9

Repealing

Decision 2004/92/EC is repealed.

Article 10

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 23 May 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission