Commission Regulation (EC) No 601/2008 of 25 June 2008 on protective measures applying to certain fishery products imported from Gabon and intended for human consumption (Text with EEA relevance)
Date: 2008-06-25
Institutions: European Commission
Subjects: Gabon, fishery product, food inspection, food safety, health control, heavy metal, import restriction

26.6.2008

EN

Official Journal of the European Union

L 165/3

COMMISSION REGULATION (EC) No 601/2008

of 25 June 2008

on protective measures applying to certain fishery products imported from Gabon and intended for
human consumption

(Text with EEA relevance)

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

Whereas:

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

A Community inspection carried out in Gabon in 2007
has revealed serious deficiencies with regard to certain
exported to the
intended to be
fishery products
European Community. Serious shortcomings were iden-
tified,
the
Gabonese authorities to take corrective action when
high levels of heavy metals and sulphites occur.

regarding the

in particular,

capacity of

Commission Regulation
of
19 December 2006 setting maximum levels for certain
contaminants in foodstuffs (2) lays down maximum levels
of heavy metals for certain fishery products.

1881/2006

(EC) No

(1)

(2)

(3)

(4)

Member States should therefore carry out appropriate
checks on certain fishery products from Gabon on
arrival at the Community border to ensure compliance
with Regulation (EC) No 1881/2006 and Directive
95/2/EC as regards heavy metals and sulphites, respect-
ively.

Member States shall use appropriate sampling plans and
analytical methods for these checks. For sampling and
analysis of heavy metals Commission Regulation (EC)
No 333/2007 (4) shall apply.

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
provided for
in Article 22(2) of Council Directive
97/78/EC (5). In addition the Member States will keep
the Commission informed through periodical reports of
all analytical results of official controls carried out in
respect of consignments of those fishery products from
Gabon, covered by this Regulation.

The Regulation should be reviewed after one year in the
the guarantees offered by the Gabonese
light of
competent authorities and on the basis of the results of
the tests carried out by the Member States. A new
Commission inspection may be necessary to verify the
guarantees given.

(6)

(7)

(8)

(9)

All expenditure incurred in the application of this Regu-
lation shall be charged to the consignor, consignee or his
agent.

European Parliament and Council Directive 95/2/EC of
20 February 1995 on food additives others than colours
and sweeteners (3)
lays down maximum levels of
sulphites in certain fishery products.

(10)

(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).

(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).

(3) OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive

2006/52/EC (OJ L 204, 26.7.2006, p. 10).

The measures provided for in this Regulation are in
Standing
accordance with
Committee on the Food Chain and Animal Health,

opinion

the

the

of

(4) OJ L 88, 29.3.2007, p. 29.
(5) 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).

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Official Journal of the European Union

26.6.2008

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to those fishery products originating
from Gabon and intended for human consumption which are
covered by Commission Regulation (EC) No 1881/2006 as
regards heavy metals and by European Parliament and Council
Directive 95/2/EC as regards sulphites.

Article 2

1. Member States shall, by using appropriate sampling plans
and analytical methods, ensure that each consignment of
products covered by Article 1 undergoes necessary tests to
make sure that
the products concerned comply with the
provisions laid down in Regulation (EC) No 1881/2006 as
regards heavy metals and in Directive 95/2/EC as regards
sulphites. For heavy metals sampling and analysis shall be
carried out according to Regulation (EC) No 333/2007.

The common reporting format, set out in the Annex to

3.
this Regulation shall be used.

Article 3

Member Sates shall not authorise imports of products as
referred to in Article 1 that are found to be non-compliant
with the provisions referred to in Article 2(1).

Article 4

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

Article 5

This Regulation shall be reviewed in the light of the guarantees
offered by the Gabonese competent authorities and on the basis
the tests referred to in Article 2. A new
of
Commission inspection may be necessary to verify the guar-
antees given.

the results of

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

Article 6

This Regulation shall enter into force on the seventh day
following that of its publication in the Official
Journal of the
European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 June 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

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Official Journal of the European Union

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ANNEX

Common reporting format as referred to in Article 2.3

Results of controls on certain fishery products from gabon as regards heavy metals and sulphites

Reporting country:

Year:

Quarter:

Type of
fishery
product

Sample
code

Date of
analysis
(dd/mm/yyyy)

Substance
analysed (e.g.
Pb, Cd, Hg,
sulphite) (1)

Result
(mg/kg) (2)

Measurement
uncertainty
(for heavy
metals only)
[x ± U] (3)

Compliant
(Yes/No)

Limit of
detection
(for heavy
metals only)
(mg/kg)

Limit of
quantification
(for heavy
metals only)
(mg/kg)

(1) Please report each analyte in a separate line.
(2) For sulphites the result shall be reported as SO2.
(3) In accordance with Regulation (EC) No 333/2007.