2008/352/EC: Commission Decision of 29 April 2008 imposing special conditions governing guar gum originating in or consigned from India due to contamination risks of those products by pentachlorophenol and dioxins (notified under document number C(2008) 1641) (Text with EEA relevance)
Date: 2008-04-29
Institutions: European Commission
Subjects: India, food additive, food inspection, food safety, foodstuffs legislation, market approval, originating product

L 117/42

EN

Official Journal of the European Union

1.5.2008

COMMISSION DECISION

of 29 April 2008

imposing special conditions governing guar gum originating in or consigned from India due to
contamination risks of those products by pentachlorophenol and dioxins

(notified under document number C(2008) 1641)

(Text with EEA relevance)

(2008/352/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Member States.
It
special measures at Community level.

is therefore appropriate to adopt

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
and laying down
the European Food Safety Authority
food safety (1), and in particular
procedures in matters of
Article 53 (1)(b)(ii) thereof,

Whereas:

(1)

(2)

High levels of pentachlorophenol and dioxins have been
found in certain batches of guar gum originating in or
consigned from India. Such contamination constitutes a
threat
to public health within the Community if no
measures are taken to avoid the presence of pentachlor-
ophenol (PCP) and dioxins in guar gum.

In response to this finding of elevated levels of PCP and
dioxins, the Commission carried out an urgent inspection
visit to India from 5 to 11 October 2007. The objective
was to gather information on the possible source of the
contamination and to assess the control measures put in
place by the Indian authorities to avoid the re-occurrence
of this contamination. The inspection team concluded
that there is to date insufficient evidence of the cause
of
the contamination incident, and the investigation
carried out by the Indian authorities has been inadequate
to provide any conclusions. With availability of sodium
pentachlorophenolate and its use in the guar gum
industry, and with a largely self
regulated industry,
there are inadequate controls in place to ensure that
this contamination does not occur again.

(3) Without prejudice to the control obligations of

the
Member States, the measures to be adopted further to
the likely imports of contaminated products should form
a comprehensive and common approach allowing rapid
and effective action to be taken and avoiding disparities
between the treatment of the situation by the various

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

Regulation (EC) No 202/2008 (OJ L 60, 5.3.2008, p. 17).

(4)

(5)

(6)

(7)

(8)

To prevent fraudulent practice with the aim of evading
from the application of special conditions provided for in
this Decision to protect animal and public health, it is
important
that compound foodstuffs and feedingstuffs
containing to a significant amount guar gum originating
in or consigned from India are also within the scope of
this Decision. A threshold of 10 % is established.

The Community Reference Laboratory for Dioxins and
PCBs in Feed and Food has carried out a study on the
correlation between PCP and dioxins in contaminated
guar gum from India. From this
study it can be
concluded that guar gum containing a level of PCP
below the level of 0,01 mg/kg does not contain unac-
ceptable levels of dioxins.

The Vimta Laboratory in Hyderabad, which was visited
by the inspection team, is an accredited, well staffed and
well equipped laboratory. Analytical performance for PCP
in this
found to be adequate. The
analytical performance in the other visited laboratories
was assessed to be inadequate.

laboratory was

report

It is appropriate to require that all consignments of guar
gum or products containing guar gum at significant
amounts originating in or consigned from India and
imported into the Community intended for human or
animal consumption, should be accompanied by an
analytical
laboratory accredited
according EN ISO/IEC 17025 for the analysis of PCP in
food and feed or by a laboratory that is pursuing the
and which has
necessary
in place and this
adequate quality control
analytical
competent
endorsed
authority from the country where the laboratory is
located.

accreditation procedures

issued by a

schemes

report

the

by

is

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

in this Decision are in
Standing
the

opinion

the

of

1.5.2008

EN

Official Journal of the European Union

L 117/43

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision shall apply to:

(a) guar gum, falling within CN code 1302 32 90, originating
in or consigned from India, and intended for animal or
human consumption;

(b) compound feedingstuffs and foodstuffs containing at least
10 % guar gum originating in or consigned from India.

Article 2

Conditions for first placing on the market

the results of sampling and analysis. Each individual bag or
other packaging form of the consignment shall be identified
with that code.

5.
In the absence of such an analytical report as provided for
in paragraph 1, the feed or food business operator established
in the Community shall have the product
tested by an
accredited laboratory accredited according EN ISO/IEC 17025
for the analysis of PCP in food and feed or by a laboratory that
is pursuing the necessary accreditation procedures and which
has adequate quality control schemes in place to demonstrate
that it does not contain more than 0,01 mg/kg PCP. Pending
availability of the analytical report endorsed by a representative
the competent authority from the country where the
of
laboratory is located.,
the product shall be detained under
official supervision for a period of no more 60 days, after
which the competent authority shall take measures as regards
this product in accordance with Article 19(1)(a) of the Regu-
lation (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 (2).

the first placing on the
1. Member States shall prohibit
the products referred to in Article 1 unless an
market of
original analytical report,
issued by a laboratory accredited
according EN ISO/IEC 17025 for the analysis of PCP in food
and feed or by a laboratory that is pursuing the necessary
adequate quality
accreditation procedures
control schemes in place (1) accompanying the consignment
demonstrates that the product does not contain more than
0,01 mg/kg pentachlorophenol
result
must be reported with the expanded measurement uncertainty.

(PCP). The analytical

and which has

For the purposes of the test referred to in paragraphs 1
6.
and 5, the analysis must be performed on a sample, taken
representatively from the consignment in accordance with the
provisions of Commission Directive 2002/63/EC of 11 July
2002 establishing Community methods of sampling for the
official control of pesticide residues in and on products of
Directive
plant
animal
and
79/700/EEC (3). The
shall be
extraction before
performed with an acidified solvent. The analysis shall be
carried out
the
according
the
QuEChERS method as
Community Reference Laboratories for Residues of Pesticides (4)
or according to an equally reliable method.

to the modified version of
set out on the website of

repealing
analysis

origin

and

The analytical report shall be endorsed by a representative
the competent authority from the country where the

2.
of
laboratory is located.

Article 3

Sampling and analysis

3.
Before the physical arrival of consignments of products
referred to in Article 1, the feed or food business operator
responsible for the consignment or his representative shall
provide prior notification to the competent authority of the
Member State of arrival.

shall

the appropriate measures,
take
1. Member States
including random sampling and analysis of products referred
to in Article 1 with a frequency of 5 % of the consignments
of products referred to in Article 1, presented for first placing
on the market, in order to verify that the level of 0,01 mg/kg
PCP is not exceeded.

The competent authorities in the Member States shall
4.
check that each consignment of the products referred to in
Article 1 presented for first placing on the market is accom-
panied by an analytical report as provided for in paragraph 1.
Each consignment of products referred to in Article 1, shall be
code
identified with a
mentioned on the abovementioned analytical report containing

code which corresponds

to the

Member States shall inform the Commission through the Rapid
Alert System for food and feed of all consignments which are
found to contain PCP above 0,01 mg/kg taking into account the
measurement uncertainty.

(2) OJ L 165, 30.4.2004; corrected by OJ L 191, 28.5.2004, p. 1.
(EC)

by Council Regulation

Regulation
No 301/2008 (OJ L 97, 9.4.2008, p. 85).

amended

last

as

(1) Following the findings of the FVO, the Vimta Labs, Hyderabad,
Andhra Pradesh is the only laboratory in India which fulfils this
requirement.

(3) OJ L 187, 16.7.2002, p. 30.
(4) http://www.crl-pesticides.eu/library/docs/srm/QuechersForGuar

Gum.pdf

L 117/44

EN

Official Journal of the European Union

1.5.2008

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

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) and 2(5) shall accompany each part
of the split consignment up to and including the wholesale
stage. Certified copies of
the analytical report can also be
provided by the competent authority at the moment of the
release for free circulation in case the feed or food business
operator
the
consignment.

intention to split

to have

indicates

the

Article 5

Fate of non-compliant consignments

Measures in respect of consignments of products referred to in
Article 1, which are found to contain more than 0,01 mg/kg
PCP, taking into account the measurement uncertainty, shall be
taken in accordance with Article 19(1)(a) of Regulation (EC) No
882/2004.

Article 7

Transitional measures

By derogation from Article 2(1) and 2(5), consignments of
products referred to in Article 1, which left the country of
origin or consignment before the date of application of this
Decision, shall be accepted by the Member States even if they
are not accompanied by an analytical report as provided for in
that Article.

Article 8

Review of the measures

This Decision shall be reviewed at the latest one year after the
date of application.

Article 9

Date of application

This Decision shall apply from 5 May 2008.

Article 10

Addressees

This Decision is addressed to the Member States.

Article 6

Recovery of the costs

Done at Brussels, 29 April 2008.

All costs resulting from sampling, analysis, storage or measures
following non-compliance shall be borne by the feed or food
business operators concerned in accordance with Article 22 and
Annex VI of Regulation (EC) No 882/2004.

For the Commission

Androulla VASSILIOU
Member of the Commission