2007/642/EC: Commission Decision of 4 October 2007 on emergency measures applying to fishery products imported from Albania and intended for human consumption (notified under document number C(2007) 4482) (Text with EEA relevance)
Date: 2007-10-04
Institutions: European Commission
Subjects: Albania, animal disease, fishery product, health certificate, health control, human nutrition, import, originating product

5.10.2007

EN

Official Journal of the European Union

L 260/21

COMMISSION DECISION

of 4 October 2007

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

(notified under document number C(2007) 4482)

(Text with EEA relevance)

(2007/642/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

(3)

A recent Community inspection in Albania has revealed
a limited capacity of the Albanian authorities to carry out
the necessary checks, in particular to detect histamine in
fish and fishery products.

(4)

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

in fishery products

(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, as corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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

(6)

(7)

(8)

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 histamine,
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.

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 Albanian 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 (4).
the Member States should
In addition,
keep the Commission informed through periodical
results of official controls
reports of all analytical
carried out
fishery
products from Albania.

consignments of

in respect of

(9)

This Decision should be reviewed in the light of the
guarantees offered by Albania and on the basis of the
results of the tests carried out by Member States.

(10)

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

in this Decision are in
Standing
the

opinion

the

of

(4) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

L 260/22

EN

Official Journal of the European Union

5.10.2007

HAS ADOPTED THIS DECISION:

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

Article 1

Scope

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

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

Article 2

Analytical tests for histamine

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

the

import

1. Member States
into the
shall authorise
Community of products referred to in Article 1 only if they
are accompanied by the results of an analytical
for
in Albania or a foreign accredited
histamine carried out
laboratory before consignment which reveals histamine levels
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.

test

that

ensures

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
State
those products
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. The
competent authority shall place the consignment concerned
under official detention until it obtains a favourable result.

each consignment of

Article 3

Reports

Member States shall
tests carried out pursuant
levels
set
exceeding
No 2073/2005 for fishery products.

immediately inform the Commission if
to Article 2(2) reveal histamine
(EC)

Regulation

limits

the

by

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 be reviewed on the basis of the information
if
and guarantees provided by the Albanian authority and,
necessary,
inspection visit by
Community experts.

the results of an on-the-spot

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 4 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission