2008/388/EC: Commission Decision of 23 May 2008 imposing special conditions governing the import of sunflower oil originating in or consigned from Ukraine due to contamination risks by mineral oil (notified under document number C(2008) 2259) (Text with EEA relevance)
Date: 2008-05-23
Institutions: European Commission
Subjects: Ukraine, health certificate, health control, health risk, import restriction, mineral oil, originating product, pollution, sunflower seed oil

24.5.2008

EN

Official Journal of the European Union

L 136/43

COMMISSION DECISION

of 23 May 2008

imposing special conditions governing the import of sunflower oil originating in or consigned from
Ukraine due to contamination risks by mineral oil

(notified under document number C(2008) 2259)

(Text with EEA relevance)

(2008/388/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(2), first subparagraph, thereof,

Whereas:

(1)

(2)

(3)

The Rapid Alert System for Food and Feed (RASSF) has
been notified on 23 April 2008 that sunflower oil orig-
inating from Ukraine was found contaminated with high
levels of mineral oil. This contamination by mineral oil
was later confirmed in several consignments of crude
sunflower oil originating from Ukraine imported in
in the Community. Sunflower oil
recent months
containing high levels of mineral oil is unfit for human
consumption and therefore deemed to be unsafe. The
source of contamination is not yet known.

The European Commission has repeatedly urged the
Ukrainian authorities to provide information on the
origin of the contamination and on the measures taken
to prevent it in future. Assurances were also sought from
the Ukrainian authorities as to the establishment of
effective measures aimed at guaranteeing the appropriate
sampling and analysis on the presence of mineral oil in
consignments of sunflower oil
leaving Ukraine with
destination the European Community.

Investigations aimed at identifying the source of contami-
nation are ongoing in Ukraine. The Ukrainian authorities
also committed to the establishment of an appropriate
control system that will ensure that all consignments of
sunflower oil to be exported to the European Union are
certified as not containing levels of mineral oil making
for human consumption.
the
However, the details of this control system have still to
be provided to the Commission. The Commission should

sunflower oil unfit

(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).

(4)

(5)

(6)

(7)

(8)

assess the control and certification system in order to
verify the accuracy and the reliability to guarantee that
the sunflower oil exported to the Community does not
contain levels of mineral oil, making the sunflower oil
unfit for human consumption. It has to be ensured that
no exports of sunflower oil to the Community will take
place until such control and certification system is put in
place and assessed and accepted by the Commission. The
assessment of the control and certification system will be
performed on the basis of detailed information provided
by the Ukrainian authorities.

sunflower oil

Given the level of risk, Member States should control the
consignments of
the presence of
in order to provide additional
mineral oil at
import
the
the
for
guarantees
control and certification system put
in place by the
Ukrainian authorities.

accuracy and reliability of

for

to

adopt

possibility

Article 53 of Regulation (EC) No 178/2002 provides for
the
appropriate Community
emergency measures for food and feed imported from
to protect human health,
a third country in order
the environment, where the risk
animal health or
cannot
of
by means
be
measures taken by the Member States individually.

satisfactorily

contained

Pending the assessment and acceptance of the control
and certification system to be put
in place by the
Ukrainian authorities, no imports of sunflower oil orig-
inating in or consigned from Ukraine should take place
due to the risk of contamination with mineral oil.

Member States have been informed of the contamination
incident and have taken the appropriate measures to
withdraw the contaminated sunflower oil and food
containing contaminated sunflower already
products
placed on the market,
the
European Commission via the RASFF.

recommended by

as

Given the urgency, pending the meeting of the Standing
Committee on the Food Chain and Animal Health, and
after having informed the authorities of Ukraine,
it is
appropriate to adopt these interim protection measures
in accordance with the procedure
laid down in
Article 53(2), first subparagraph of Regulation (EC) No
178/2002.

L 136/44

EN

Official Journal of the European Union

24.5.2008

(9)

This Decision shall be reviewed in accordance with the
procedure laid down in Article 52 (2), second subpara-
graph of Regulation (EC) No 178/2002,

HAS ADOPTED THIS DECISION:

Article 1

1. Member States shall prohibit the import of sunflower oil,
falling within CN code 1512 11 91, originating in or consigned
from Ukraine (hereafter referred to as sunflower oil), unless the
consignment of sunflower oil
is accompanied by a valid cer-
tificate, certifying the absence of unacceptable levels of mineral
oil and the results of sampling and analysis for the presence of
mineral oil.

The certificate provided for in paragraph 1 shall only be
2.
valid for imports of consignments of sunflower oil
into the
Community if the sampling and analysis of the consignment
and the issuance of the certificate have taken place after the
European Commission has assessed and formally accepted the
control and certification system put in place by the Ukrainian
authorities.

take the appropriate measures to
4. Member States shall
sample and analyse each consignment of sunflower oil originat-
ing in and consigned from Ukraine, accompanied by a valid
certificate, presented for import to ensure the sunflower oil
does not contain levels of mineral oil, making the sunflower
oil unfit for human consumption.

They shall
inform the Commission of unfavourable results
through the Rapid Alert System for Food and Feed. Favourable
results shall be reported to the Commission on a three-monthly
basis.

Article 2

The situation shall be reassessed within one year at the latest.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 23 May 2008.

3. Member States will be informed of
the
control and certification system put in place by the Ukrainian
authorities
it by the
formal
Commission through the Standing Committee on the Food
Chain and Animal Health.

acceptance of

the details of

and of

the

For the Commission

Androulla VASSILIOU
Member of the Commission