2006/698/EC: Commission Decision of 16 October 2006 on emergency measures applying to fishery products imported from Brazil and intended for human consumption (notified under document number C(2006) 4819)   (Text with EEA relevance)
Date: 2006-10-16
Institutions: European Commission
Subjects: Brazil, fishery product, food hygiene, food inspection, food safety, foodstuffs legislation, import policy

L 287/34

EN

Official Journal of the European Union

18.10.2006

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 16 October 2006

on emergency measures applying to fishery products imported from Brazil and intended for human
consumption

(notified under document number C(2006) 4819)

(Text with EEA relevance)

(2006/698/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)(b) thereof,

Whereas:

(1)

(2)

In accordance with Regulation (EC) No 178/2002, the
necessary measures must be adopted where it is evident
that food imported from a third country is likely to
constitute a serious risk to human health, animal health
or
such risk cannot be
contained satisfactorily by means of measures taken by
the Member State(s) concerned.

the environment and that

Under Regulation (EC) No 853/2004 of the European
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (2),
food business operators must ensure that the limits with
regard to histamine in fishery products are not exceeded.
Those limits, together with the sampling and analytical

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

Regulation (EC) No 575/2006, (OJ L 100, 8.4.2006, p. 3).

(2) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Commission Regulation (EC)
No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(3)

(4)

(5)

(6)

methods, were established by Commission Regulation
(EC) No 2073/2005 of 15 November 2005 on micro-
biological criteria for foodstuffs (3).

A recent Community inspection in Brazil has revealed
serious hygiene shortcomings in the handling of fishery
products. As a result of those shortcomings the fish is
not as fresh as it should be and spoils quickly and there
may be high levels of histamine in certain fish species (in
particular those belonging to the families: Scombridae,
Clupeidae, Engraulidae, Coryfenidae, Pomatomidae and Scom-
bresosidae). The inspections have also revealed a limited
the
capacity of
necessary
to detect
histamine in those species.

the Brazilian authorities to carry out

in particular

checks of

fish,

Excessive
levels of histamine
constitute a serious risk for human health.

in fishery products

It is appropriate to adopt at Community level measures
applicable to imports of fishery products which might be
contaminated to ensure effective and uniform protection
in all the Member States.

Imports into the Community of fishery products from
fish species associated with a high amount of histidine,
should be authorised only if it can be shown that they
have been subjected to a systematic check at origin to
verify that their histamine levels do not exceed the limits
set by Regulation (EC) No 2073/2005.

(3) OJ L 338, 22.12.2005, p. 1.

18.10.2006

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Official Journal of the European Union

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(7)

(8)

(9)

(10)

However, it is appropriate to temporarily authorise, the
import of consignments that are not accompanied by the
results of checks at origin, provided that Member States
ensure that
those consignments undergo appropriate
checks on arrival at the Community border to verify
that their histamine levels do not exceed the limits set
by Regulation (EC) No 2073/2005. This
temporary
authorisation should be limited to the time that would
allow the Brazilian authorities to build their own check
capacity.

the mutual

Regulation (EC) No 178/2002 sets up the rapid alert
system for food and feed, which should be used to
implement
requirement
information
in Article 22(2) of Council Directive
provided for
97/78/EC (1).
should
In addition the Member States
keep the Commission informed through periodical
results of official controls
reports of all analytical
fishery
carried out
products from Brazil.

consignments of

in respect of

This Decision should be reviewed in the light of the
guarantees offered by Brazil 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

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision shall apply to fishery products of fish belonging
to the families Scombridae, Clupeidae, Engraulidae, Coryfenidae,
imported from Brazil and
Pomatomidae and Scombresosidae,
intended for human consumption.

Article 2

Analytical tests for histamine

the

import

1. Member States
into the
shall authorise
Community of products referred to in Article 1 only if they
for
are accompanied by the results of an analytical
histamine carried out
in Brazil before consignment which
reveals histamine levels below the limits set by Regulation
(EC) No 2073/2005. These
carried out
following the sampling and the analytical method referred in
Regulation (EC) No 2073/2005.

tests must be

test

that

ensures

each consignment of

those products
State
undergoes tests to verify that the histamine levels are below
the limits set by Regulation (EC) No 2073/2005. These tests
must be carried out following the sampling and the analytical
method referred in Regulation (EC) No 2073/2005.

Article 3

Reports

Member States shall
tests carried out pursuant
levels
exceeding the
2073/2005 for fishery products.

limits

immediately inform the Commission if
reveal histamine
set by Regulation (EC) No

to Article 2(2)

Member States shall submit to the Commission a report on all
tests carried out pursuant to Article 2(2).

Member States shall use the rapid alert system for food and feed
set up by Regulation (EC) No 178/2002 for the submission of
that information and those reports.

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

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

Article 6

Period of application

This Decision shall apply until 31 December 2006.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 16 October 2006.

2.
By way of derogation from paragraph 1, Member States
shall authorise the import of products referred to in Article 1
that are not accompanied by the results of the analytical test as
referred to in paragraph 1 provided that the importing Member

For the Commission

Markos KYPRIANOU
Member of the Commission

(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 191, 28.5.2004, p. 1).