2008/630/EC: Commission Decision of 24 July 2008 on emergency measures applicable to crustaceous imported from Bangladesh and intended for human consumption (notified under document number C(2008) 3698) (Text with EEA relevance)
Date: 2008-07-24
Institutions: European Commission
Subjects: Bangladesh, chemical product, crustacean, food inspection, health certificate, health control, health risk, human nutrition, import (EU), import licence, surveillance concerning imports

1.8.2008

EN

Official Journal of the European Union

L 205/49

COMMISSION DECISION

of 24 July 2008

on emergency measures applicable to crustaceous imported from Bangladesh and intended for
human consumption

(notified under document number C(2008) 3698)

(Text with EEA relevance)

(2008/630/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

for the testing of certain residues of veterinary medicinal
products in live animals and animal products.

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(1)(b)(ii) thereof,

Whereas:

Regulation (EC) No 178/2002 lays down the general
principles governing food and feed in general, and food
and feed safety in particular, at Community and national
level.
It provides for emergency measures where it is
feed imported from a third
evident
country is likely to constitute a serious risk to human
health, animal health or the environment, and that such
risk cannot be contained satisfactorily by means of
measures taken by the Member State(s) concerned.

food or

that

Council Directive 96/23/EC of 29 April 1996 on
measures to monitor certain substances and residues
thereof in live animals and animal products (2) provides
the production process of animals and primary
that
products of animal origin is to be monitored for the
purpose of detecting the presence of certain residues
and substances in live animals,
their excrements and
body fluids and in tissue, animal products, animal feed
and drinking water.

of

products

Residues
and
veterinary medicinal
unauthorised substances have been detected in crus­
taceous imported from Bangladesh and intended for
human consumption. The presence of
those products
and substances in food presents a potential risk for
human health.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Bangladesh has recently taken measures concerning those
shortcomings as regards the handling and testing of
fishery products.

at Community level,

Since those measures are not sufficient, it is appropriate
certain emergency
to adopt,
crustaceous
measures applicable
from Bangladesh in order to ensure the effective and
uniform protection of human health in all Member
States.

to importations of

Accordingly, Member States should allow importations of
crustaceous from Bangladesh only if it can be shown that
they have been subjected to an analytical test at origin to
contain any unauthorised
verify that
the levels of certain residues of
substances and that
veterinary medicinal products do not
exceed the
maximum residue levels laid down in Community legis­
lation.

they do not

However, it is appropriate to authorise, the importation
of consignments that are not accompanied by the results
of
the
the analytical
those
States
importing Member
consignments undergo appropriate checks on arrival at
the Community border.

tests at origin, provided that

ensures

that

This Decision should be reviewed in the light of the
guarantees offered by Bangladesh and on the basis of
the results of
tests carried out by the
Member States.

the analytical

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

in this Decision are in
Standing
the

opinion

the

of

The results of the latest Community inspection visit to
Bangladesh have revealed serious shortcomings as regards
the residue control system in live animals and animal
products and a lack of appropriate laboratory capacity

HAS ADOPTED THIS DECISION:

Article 1

(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 125, 23.5.1996, p. 10. Directive as last amended by Directive

2006/104/EC (OJ L 363, 20.12.2006, p. 352).

This Decision shall apply to consignments of crustaceous
imported
human
consumption (the products).

from Bangladesh

intended

and

for

L 205/50

EN

Official Journal of the European Union

1.8.2008

Article 2

shall

authorise

importation into the
Member States
Community of the products provided that
they are accom­
panied by the results of an analytical test carried out at origin
to ensure that they do not present a danger to human health
(the analytical test).

the

The analytical tests must be carried out, in particular, with a
view to detecting the presence of chloramphenicol, metabolites
of nitrofurans, tetracycline, malachite green and crystal violet in
conformity with Council Regulation (EEC) No 2377/90 (1) and
Commission Decision 2002/657/EC (2).

Article 3

By way of derogation from Article 2, Member States shall
authorise the importation of products that are not accompanied
by the results of the analytical test provided that the importing
Member State ensures that each consignment of such products
undergoes all appropriate checks on arrival at the Community
border to ensure that they do not present a danger to human
health.

laboratory tests

consignments must be detained at
show that

the
However,
those
Community border until
the
substances referred to in Article 2 that are not authorised
the
under Community legislation are not present or
maximum residues laid down in Community legislation for
the veterinary medical products referred to in that Article are
not exceeded.

that

Member States shall use, for the submission of any such infor­
mation, the rapid alert system for food and feed set up by
Regulation (EC) No 178/2002.

2. Member States shall submit
to the Commission every
three months a report of all the results of the analytical tests.

Those reports shall be submitted during the month following
each quarter (April, July, October, and January).

Article 5

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

Article 6

Member States shall immediately inform the Commission of the
measures they take to comply with this Decision.

Article 7

This Decision shall be reviewed on the basis of the guarantees
offered by Bangladesh, and the results of the analytical tests
carried out by the Member States.

Article 4

1. Member States shall immediately inform the Commission
if the analytical tests reveal:

Article 8

This Decision is addressed to the Member States.

(a)

the presence of any substances not authorised under
Community legislation; or

Done at Brussels, 24 July 2008.

(b) residues of veterinary medicinal products that exceed the
maximum residue limits laid down in Community legis­
lation.

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 224, 18.8.1990, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 542/2008 (OJ L 157, 17.6.2008,
p. 43).

(2) OJ L 221, 17.8.2002, p. 8. Decision as last amended by Decision

2004/25/EC (OJ L 6, 10.1.2004, p. 38).