2008/463/EC: Commission Decision of 17 June 2008 amending Decision 2002/994/EC concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2008) 2483) (Text with EEA relevance)
Date: 2008-06-17
Institutions: European Commission
Subjects: China, analytical chemistry, animal product, import, originating product, veterinary inspection

L 160/34

EN

Official Journal of the European Union

19.6.2008

COMMISSION DECISION

of 17 June 2008

amending Decision 2002/994/EC concerning certain protective measures with regard to the
products of animal origin imported from China

(notified under document number C(2008) 2483)

(Text with EEA relevance)

(2008/463/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
third countries (1), and in particular Article 22(6) thereof,

(5)

(6)

Whereas:

fishery products that are not accompanied by the results
of tests for residues of malachite green and crystal violet,
those
provided that
consignments undergo appropriate tests on arrival
in
the Community.

the Member States ensure that

Decision 2002/994/EC should therefore be amended
accordingly.

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)

(2)

(3)

Commission Decision 2002/994/EC of 20 December
2002 concerning certain protective measures with
regard to the products of animal origin imported from
China (2) applies
to all products of animal origin
imported
human
intended
consumption or for animal feed.

from China

and

for

Under Article 3 of that Decision the Member States are
to authorise imports of products listed in Part II of the
Annex to that Decision which are accompanied by a
declaration of the Chinese competent authority stating
that
each consignment has been subjected before
dispatch to a chemical test in order to ensure that the
products concerned do not present a danger to human
health. That test must be carried out, in particular, with a
view to detecting the presence of chloramphenicol and
nitrofuran and its metobolites.

However, in aquaculture fishery products imported from
China residues of malachite green and crystal violet have
now also been detected. Article 3 of Decision
2002/994/EC should therefore be amended to include
the testing of aquaculture fishery products for those
substances.

(4)

It is appropriate to provide for a transitional period to
authorise the import of consignments of aquaculture

(1) 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).

(2) OJ L 348, 21.12.2002, p. 154. Decision as last amended by

Decision 2005/573/EC (OJ L 193, 23.7.2005, p. 41).

HAS ADOPTED THIS DECISION:

Article 1

Article 3 of Decision 2002/994/EC is replaced by the following
text:

‘Article 3

Member States shall authorise imports of consignments of
products listed in Part II of the Annex accompanied by a
declaration of the Chinese competent authority stating that
each consignment has been subjected before dispatch to a
chemical test in order to ensure that the products concerned
do not present a danger to animal or human health. That
chemical test must be carried out in particular, to detect the
presence of chloramphenicol and nitrofuran and its meta-
bolites in all products listed in Part II of the Annex.
In
addition, aquaculture fishery products referred to in Part II
of the Annex shall be tested for the presence of malachite
green and crystal violet and their metabolites. The results of
those chemical tests shall be included in that declaration.’

Article 2

1. Member States may allow the import of aquaculture
fishery products from China that are not accompanied by the
results of the chemical test for the presence of malachite green
for a period of
and crystal violet and their metabolites
maximum six weeks
this
Decision provided that the importing Member State ensures
that each of those products undergoes test for the presence of
malachite green and crystal violet and their metabolites.

from the entry into force of

19.6.2008

EN

Official Journal of the European Union

L 160/35

All expenditure incurred in the application of testing foreseen in paragraph 1 of this Article shall be

2.
charged to the consignor, the consignee or the agent of either.

This Decision shall apply from 1 July 2008.

Article 3

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 17 June 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission