2008/660/EC: Commission Decision of 31 July 2008 amending Decision 2006/236/EC on special conditions governing fishery products imported from Indonesia and intended for human consumption (notified under document number C(2008) 3988) (Text with EEA relevance)
Date: 2008-07-31
Institutions: European Commission
Subjects: Indonesia, fishery product, food inspection, food safety, health control, originating product

L 215/6

EN

Official Journal of the European Union

12.8.2008

COMMISSION

COMMISSION DECISION

of 31 July 2008

amending Decision 2006/236/EC on special conditions governing fishery products imported from
Indonesia and intended for human consumption

(notified under document number C(2008) 3988)

(Text with EEA relevance)

(2008/660/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,

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 (2), and in particular
procedures in matters of
Article 53(1)(b) thereof,

Whereas:

(1)

as

the

fishery

governing

conditions

Commission Decision 2006/236/EC of 21 March 2006
on special
products
imported from Indonesia and intended for human
consumption (3) was
of
adopted
revealed
Community inspection visits
serious
in the
shortcomings
handling of
third country.
Those inspections also revealed serious shortcomings in
the capacity of the Indonesian authorities to carry out
the
reliable checks on fish,
presence of histamine and heavy metals in the relevant
species.

to Indonesia
hygiene

fishery products

in particular

to detect

in that

regards

results

as

(2)

Decision 2006/236/EC provides that Member States are
to ensure that each consignment of
fishery products
imported from Indonesia undergoes the necessary tests
to make sure that the products do not exceed certain

(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).

(3)

(4)

(5)

(6)

(7)

maximum levels for heavy metals and that, in the case of
certain species, a test to detect the presence of histamine
must be carried out.

Decision 2006/236/EC also provides that that Decision is
to be reviewed on the basis of the guarantees provided
by the competent Indonesian authorities and on the basis
of the results of the tests carried out by the Member
States.

Indonesia has now provided the Commission with the
In addition, the results of the
appropriate guarantees.
tests carried out by the Member States on fishery
products imported from that third country are favourable
as regards heavy metals in aquaculture products and as
regards histamine. It is therefore no longer necessary to
fishery products of relevant
test each consignment of
species for histamine and each consignment of aqua­
culture products for heavy metals.

In Article 2 of Decision 2006/236/EC, reference is made
to Commission Regulation (EC) No 466/2001 of
8 March 2001 setting maximum levels
for certain
contaminants in foodstuffs (4). That Regulation has been
repealed and replaced by Commission Regulation (EC)
setting
No
1881/2006
maximum levels
in food­
stuffs (5).
therefore appropriate to amend that
reference.

of
19 December
for certain contaminants

2006

is

It

Decision 2006/236/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

(2) 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) OJ L 77, 16.3.2001, p. 1.
(5) OJ L 364, 20.12.2006, p. 5. Regulation as last amended by Regu­

(3) OJ L 83, 22.3.2006, p. 16.

lation (EC) No 629/2008 (OJ L 173, 3.7.2008, p. 6).

12.8.2008

EN

Official Journal of the European Union

L 215/7

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/236/EC is amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

Scope

products covered by Article 1 undergoes necessary tests to
make sure that the products concerned do not exceed the
maximum levels laid down in Commission Regulation (EC)
No 1881/2006 (*) for heavy metals.

___________
(*) OJ L 364, 20.12.2006, p. 5.’

Article 2

This Decision is addressed to the Member States.

This Decision shall apply to fishery products imported from
Indonesia and intended for human consumption.

However, it shall not apply to aquaculture products.’

Done at Brussels, 31 July 2008.

2. Article 2(1) is replaced by the following:

‘1. Member States shall, using appropriate sampling plans
and detection methods, ensure that each consignment of

For the Commission

Androulla VASSILIOU
Member of the Commission