2006/236/EC : Commission Decision of 21 March 2006 on special conditions governing fishery products imported from Indonesia and intended for human consumption (notified under document number C(2006) 843) (Text with EEA relevance)
Date: 2006-03-21
Institutions: European Commission
Subjects: Indonesia, fishery product, food inspection, food safety, health control, originating product

L 83/16

EN

Official Journal of the European Union

22.3.2006

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 21 March 2006

on special conditions governing fishery products imported from Indonesia and intended for human
consumption

(notified under document number C(2006) 843)

(Text with EEA relevance)

(2006/236/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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,

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

Whereas:

(3)

(4)

(5)

(1)

In accordance with Directive 97/78/EC and Regulation
(EC) 178/2002,
the necessary measures must be
from third
adopted as
countries that appear to involve any serious hazard for
animal or human health or where such a hazard is on
the increase.

imports of products

regards

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

(2) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation
(EC) No 1642/2003 of the European Parliament and the Council (OJ
L 245, 29.9.2003, p. 4).

Histamine and heavy metals have been detected in fishery
products imported from Indonesia and intended for
human consumption. The presence of these substances
in food presents a potential risk for human health.

Council Directive 91/493/EEC of 22 July 1991 laying
down the health conditions for the production and the
placing on the market of fishery products (3) establishes
the sampling and analysis procedure for histamine and
the authorised levels for the latter.

Commission Regulation (EC) 466/2001 of 8 March 2001
setting maximum levels for certain contaminants in food-
stuffs (4) lays down maximum levels of heavy metals that
are permitted in fish.

The results of the latest Community inspection visits to
Indonesia have revealed serious shortcomings as regards
hygiene in the handling of fishery products. Such short-
comings mean that the fish is not as fresh as it should be
and spoils quickly, with attendant high levels of
histamine in the relevant species. The inspections have
also revealed serious shortcomings in the capacity of the
Indonesian authorities to carry out reliable checks of fish,
in particular to detect histamine and heavy metals in the
relevant species.

(3) OJ L 268, 24.9.1991, p. 15. Directive as last amended by the 2003

Act of Accession.

(4) OJ L 77, 16.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 199/2006 (OJ L 32, 4.2.2006, p. 34).

22.3.2006

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Official Journal of the European Union

L 83/17

(6)

(7)

(8)

(9)

Member States should carry out the appropriate checks
of
the
fishery products from Indonesia on arrival at
Community border in order to prevent products unfit
for human consumption from being placed on the
market.

to the Commission every
2. Member States shall submit
three months a report of all analytical
results of official
controls on consignments of products covered by paragraph
1. This report shall be submitted during the month following
each quarter (April, July, October, and January).

the mutual

Regulation (EC) 178/2002 sets up the Rapid Alert
System for Food and Feed, which should used to
requirement
implement
provided for in Article 22(2) of Directive 97/78/EC. In
addition the Member States will keep the Commission
reports of all analytical
informed through periodical
results of official controls carried out
in respect of
consignments of fishery products from Indonesia.

information

This Decision should be reviewed in the light of the
guarantees offered by the competent Indonesian autho-
rities and on the basis of the results of the tests carried
out by Member States.

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

in this Decision are in
Standing
the

opinion

the

of

Article 3

Unfavourable test results

Member States shall not authorise imports into their territory or
consignments to another Member State of products as referred
to in Article 1 that are found to exceed maximum levels in the
tests referred to in Article 2(1).

Article 4

Charging of expenditure

All expenditure incurred in the application of this Decision shall
be charged to the consignor, the consignee or the agent of
either.

Article 5

Compliance

HAS ADOPTED THIS DECISION:

Member States shall immediately inform the Commission of the
measures they take to comply with this Decision.

Article 1

Scope

Article 6

Review

This Decision shall apply to fishery products imported from
Indonesia and intended for human consumption.

This Decision shall be reviewed on the basis of the guarantees
provided by the competent Indonesian authorities and on the
basis of the results of the tests referred to in Article 2.

Article 2

Tests

1. Member States shall, using appropriate sampling plans and
detection methods, ensure that each consignment of products
covered by Article 1 undergoes necessary tests to make sure
that the products concerned do not exceed the maximum levels
laid down in Regulation (EC) 466/2001 for heavy metals;

Furthermore, in the case of the species belonging to the families
scombridae, clupeidae, engraulidae and coryphaenidae, a test to detect
the presence of histamine must be done to be sure that the
levels remain below those established by Directive 91/493.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 21 March 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission