2008/47/EC: Commission Decision of 20 December 2007 approving the pre-export checks carried out by the United States of America on peanuts and derived products thereof as regards the presence of aflatoxins (notified under document number C(2007) 6451) (Text with EEA relevance )
Date: 2007-12-20
Institutions: European Commission
Subjects: Community certification, United States, animal nutrition, export, food contamination, food inspection, groundnut, health control

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COMMISSION DECISION

of 20 December 2007

approving the pre-export checks carried out by the United States of America on peanuts and
derived products thereof as regards the presence of aflatoxins

(notified under document number C(2007) 6451)

(Text with EEA relevance)

(2008/47/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

with a view of verifying that
the exported products
comply with the Community requirements may be
approved.

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 882/2004 of the European
Parliament and of the Council of 29 April 2004 on official
controls performed to ensure the verification of compliance
with feed and food law, animal health and animal welfare
rules (1), and in particular Article 23 thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 1881/2006 of 19
for certain
December 2006 setting maximum levels
lays down permitted
contaminants
maximum levels of aflatoxins in foodstuffs. Only food-
stuffs complying with the maximum level may be placed
on the market.

in foodstuffs (2)

Regulation (EC) No 882/2004 provides that Member
States shall ensure that official controls are carried out
regularly, on a risk basis and with appropriate frequency
as to achieve the objectives of the Regulation, that is,
inter
to
acceptable levels risks to humans and animals.

alia, preventing,

eliminating or

reducing

(4)

(5)

(6)

to

Such an approval may only be granted to a third country
after a Community audit has shown that feed or food
the Community meets Community
exported
the
requirements or equivalent requirements and that
to
in the third country prior
controls carried out
sufficiently
dispatch
and
efficient as
reduce the documentary,
identity and physical checks laid down in Community
law.

considered
to replace or

effective

are

The United States of America have submitted to the
Commission in April 2005 an application for obtaining
an approval of the pre-export checks performed by the
competent authorities of the United States of America on
the aflatoxin contamination in peanuts and derived
products intended for export to the Community.

that pre-export

The Commission Food and Veterinary Office (FVO)
carried out a mission in the United States of America
from 18 to 22 September 2006 in order to assess the
control systems in place to prevent aflatoxin contami-
nation levels in peanuts and derived products and to
verify
these products
exported to the Community ensure that these products
comply with Community requirements. It was concluded
that the United States of America have a well defined
control system for aflatoxins levels in peanuts and well
performing approved laboratories. The competent autho-
rities of the United States of America have committed
the minor deficiencies
and taken action to address
observed.

checks

for

(3)

Article 23 of Regulation (EC) No 882/2004 provides that
pre-export checks carried out by a third country on feed
and food immediately prior to export to the Community

(1) OJ L 165, 30.4.2004. Regulation as last amended by Council Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 364, 20.12.2006, p. 5. Regulation as amended by Regulation

(EC) No 1126/2007 (OJ L 255, 29.9.2007, p. 14).

(7)

It is therefore appropriate to grant approval of pre-export
checks carried out by the United States of America on
peanuts and derived products ensuring compliance with
the Community maximum levels of aflatoxins.

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(8)

(9)

Member States are required by Article 16(2) of Regu-
lation (EC) No 882/2004 to adjust
the frequency of
physical checks on imports to the risk associated with
food and taking into account,
different categories of
the guarantees provided by the
among other things,
competent authorities of the third country of origin of
the food in question. Systematic pre-export checks
carried out under
the USDA in
conformity with the Community approval in accordance
with Article 23 of Regulation (EC) No 882/2004 provide
to the Member States’ authorities strong guarantees. As a
consequence, Member States should reduce the frequency
of physical checks performed on those commodities to a
level appropriate to those guarantees.

the authority of

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

Approval of pre-export checks

The pre-export checks as regards aflatoxins carried out by the
United States Department of Agriculture (USDA) of the United
States of America
to the
immediately prior
Community, are approved for the following foodstuffs and
derived products thereof (hereafter referred to as foodstuffs):

to export

(a) peanuts falling within CN code 1202 10 90 or 1202 20 00;

Article 2

Conditions for approval of pre-export checks

1.

The consignment shall be accompanied by:

(a)

the results of sampling and analysis performed by a USDA
approved laboratory carried out
in accordance with or
equivalent
to the provisions of Commission Regulation
(EC) No 401/2006 of 23 February 2006 laying down the
methods of sampling and analysis for the official control of
mycotoxins in foodstuffs (1);

(b) a certificate (2) set out in the Annex, completed, signed and
verified by an authorised representative of the USDA for
foodstuffs from the United States of America.

2.
Each consignment of foodstuffs shall be identified with a
code which corresponds to the code on the report of the results
of the sampling and analysis and on the certificate referred to in
point (b) of the first paragraph. Each individual bag, or other
packaging form, of the consignment shall be identified with that
code.

The certificate provided for

the first
3.
paragraph shall only be valid for imports of foodstuffs into
the Community no later than four months from the date of
issue of the certificate.

in point

(b) of

Article 3

Splitting of a consignment

If a consignment is split, copies of the certificate provided for in
Article 2(1)(b) and certified by the competent authority of the
Member State on whose territory the splitting has taken place,
shall accompany each part of the split consignment up to and
including the wholesale stage. Certified copies of the certificate
can also be provided by the competent authority at the moment
of the release for free circulation in case the food business
operator
the
consignment.

intention to split

to have

indicates

the

(b) peanuts falling within CN code 2008 11 94 (in immediate
packings of a net content exceeding 1 kg) or 2008 11 98
(in immediate packings of a net content not exceeding
1 kg);

Article 4

Official controls

(c) roasted peanuts falling within CN codes 2008 11 92 (in
immediate packings of a net content exceeding 1 kg) or
2008 11 96 (in immediate packings of a net content not
exceeding 1 kg).

The approval of pre-export checks applies only to peanuts listed
in the first paragraph, which were produced on the territory of
the United States of America.

The documentary check, as referred to in Article 16(1) of Regu-
lation (EC) No 882/2004, shall be performed at the point of
first arrival in the Community and evidence of this check will
accompany the consignment.

(1) OJ L 70, 9.3.2006, p. 12.
(2) Certificate based on the standard model laid down in Annex I to
Commission Decision 2007/240/EC of 16 April 2007 laying down
new veterinary certificates
semen,
embryos, ova and products of animal origin into the Community
(OJ L 104, 21.4.2007, p. 37). The explanatory notes on the certi-
ficate mentioned in Annex I of the abovementioned Decision are
also relevant for the certificate laid down in the Annex to this
Decision. In accordance with the provisions of Regulation (EC) No
882/2004, the certification may be provided in future electronically,
after the practical modalities have been agreed upon.

importing live animals,

for

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In accordance with the provisions of Article 16 paragraph 2(d) and Article 23 paragraph 2 of Regulation
(EC) No 882/2004, the frequency of the physical checks on the consignments of foodstuffs referred to in
Article 1 of this Regulation to be carried out by the Member States shall be significantly reduced on the
condition that the provisions of Article 2 of this Regulation are complied with.

Article 5

This Decision shall apply from 1 December 2007.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

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