2008/757/EC: Commission Decision of 26 September 2008 imposing special conditions governing the import of products containing milk or milk products originating in or consigned from China (notified under document number C(2008) 5599) (Text with EEA relevance)
Date: 2008-09-26
Institutions: European Commission
Subjects: China, baby food, chemical product, food inspection, import restriction, milk, milk product

L 259/10

EN

Official Journal of the European Union

27.9.2008

COMMISSION

COMMISSION DECISION

of 26 September 2008

imposing special conditions governing the import of products containing milk or milk products
originating in or consigned from China

(notified under document number C(2008) 5599)

(Text with EEA relevance)

(2008/757/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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:

Although factual information available indicates that no
composite products are imported which are intended for
the particular nutritional uses of
infants or young
children, certain such composite products, depending of
their
specific formulation and in particular on the
proportion of milk product content, could have been
import without undergoing systematic
presented for
border
to Decision 2007/275/EC
concerning lists of animals and products to be subject
to controls at border inspection posts under Council
Directives 91/496/EEC and 97/78/EC. Taking into
account that such products represent the primary, and
in some cases sole, source of nourishment for infants and
young children, it is appropriate to prohibit the import
into the Community of any such products originating
from China.

checks pursuant

(1)

(2)

(3)

to

adopt

possibility

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

satisfactorily

contained

The European Commission was recently made aware that
high levels of melamine were found in infant milk and
other milk products in China. Melamine is a chemical
intermediate used in the manufacture of amino resins
and plastics and is used as a monomer and as an
additive for plastics. High levels of melamine in food
can result in very severe health effects.

(5)

(6)

including milk
Imports of milk and milk products,
powder, originating from China are not allowed into
the Community; however, certain composite products
(i.e. products which contain at
a
processed product of animal origin and a product of
non-animal
processed milk
components might have reached the European Union's
markets.

containing

origin)

same

time

the

(1) OJ L 31, 1.2.2002, p. 1.

a

diet,

after

from the

As regards other composite products (such as biscuits
and chocolate), which are only a minor part of a
varied
European
request
Commission for an assessment of the risks related to
the
the presence of melamine in composite product,
issued a
European Food Safety Authority
statement in which it concludes that the highest risk
would be
scenario
according to which children with high daily consumption
of biscuits
the highest
proportion of milk powder (which varies between 16 %
and more than 20 %), with a contamination equal to the
highest level found in milk powder from China, could
potentially exceed the tolerable daily intake (TDI) of
melamine (0.5 mg/kg body weight).

represented by

and chocolate

containing

a worst

(EFSA)

case

content of

In order to counter the risk for health that may result
from exposure
such
to the melamine
composite products, Member States should ensure that
all composite products containing at least 15 % of milk
product, originating from China, are systematically tested
before import into the Community and that all such
products which are shown to contain melamine in
excess of 2,5 mg/kg are immediately destroyed. This
maximum level responds to the need to ensure a large
margin of safety. Precaution suggests that composite
products, whose milk product content cannot be estab­
lished, should also be tested. Member States should also

27.9.2008

EN

Official Journal of the European Union

L 259/11

(7)

(8)

are

appropriately

ensure that composite products which are already present
in the Community
and
withdrawn from the market if necessary. The costs of
tests at
taken as
import and of official measures
regards products found to be non-compliant with the
maximum level
in question should be borne by the
food business operator responsible for the products.

tested

and on all

consignments of

composite products containing more than 15 % of milk
products,
such composite
products whose amount of milk product content cannot be
established. Such checks shall in particular aim at ascertaining
that the level of melamine, if any, does not exceed 2,5 mg/kg
product. Consignments shall be detained pending the availability
of the results of the laboratory analysis.

In order for the Commission to be able to reassess
appropriateness of
these measures, Member States
should inform the Commission of unfavourable results
through the Rapid Alert System for Food and Feed and
should report favourable results on a two-week basis.

3. Member States shall report any unfavourable result of the
laboratory analysis referred to in paragraph 2 through the Rapid
Alert System for Food and Feed. They shall report
to the
Commission on favourable results on a two-week basis.

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

procedure

down

laid

the

(9)

This Decision shall be reviewed in accordance with the
procedure laid down in Article 53(2), second subpara­
graph of Regulation (EC) No 178/2002,

HAS ADOPTED THIS DECISION:

Article 1

the

1. Member States
into the
shall prohibit
Community of composite products containing milk or milk
products, intended for the particular nutritional use of infants
and young children within the meaning of Council Directive
89/398/EEC on foods for particular nutritional uses, originating
or consigned from China.

import

2. Member States shall carry out documentary, identity and
all
physical
consignments originating in or consigned from China of

laboratory

including

analysis,

checks,

on

4. Member States shall take the necessary measures to ensure
that products referred to in paragraph 2 which are already
placed on the market are subject to an appropriate level of
controls aimed at ascertaining the level of melamine.

Any product

5.
found to contain melamine in excess of
2,5 mg/kg product, following controls performed in accordance
with paragraphs 2 and 4, shall be destroyed without delay.

6. Member States shall ensure that the costs incurred in the
implementation of paragraph 2 are borne by the operators
the cost of official
responsible for
measures taken as regards products found to be in excess of
2,5 mg/kg product are borne by the food business operator
responsible for that product.

the import, and that

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 September 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission