2008/866/EC: Commission Decision of 12 November 2008 on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption (notified under document number C(2008) 6732) (Text with EEA relevance)
Date: 2008-11-12
Institutions: European Commission
Subjects: Peru, food contamination, health risk, human nutrition, import (EU), import restriction, infectious disease, mollusc, originating product

18.11.2008

EN

Official Journal of the European Union

L 307/9

COMMISSION DECISION

of 12 November 2008

on emergency measures suspending imports from Peru of certain bivalve molluscs intended for
human consumption

(notified under document number C(2008) 6732)

(Text with EEA relevance)

(2008/866/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)(i) thereof,

Whereas:

(1)

(2)

(3)

(4)

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
It provides for emergency measures where it is
level.
evident
feed imported from a third
country is likely to constitute a serious risk to human
health, animal health or the environment and that such a
risk cannot be contained satisfactorily by means of
measures taken by the Member State(s) concerned.

food or

that

An outbreak of Hepatitis A in humans has been
confirmed in the Community. The origin of the disease
has been identified to be the consumption of certain
bivalve molluscs
that were
imported
contaminated with the hepatitis A virus (HAV).

from Peru

The contaminated bivalve molluscs are Donax clams
(Donax spp) and the origin of
the contamination is
most likely a viral contamination of the water of the
production
could
therefore also be contaminated.

bivalve molluscs

areas. Other

Since the consumption of those bivalve molluscs presents
a serious risk for human health it
is appropriate to
suspend imports
into the Community of bivalve
molluscs from Peru.

(5)

Considering the seriousness of the contamination, the
suspension should also apply to bivalve molluscs that

(6)

(7)

(8)

(9)

(10)

have been dispatched to the Community before this
Decision comes into effect but which arrive at
the
Community border inspection posts after that date.

The suspension of those imports should be provided for
at Community level in order to ensure the effective and
uniform protection of consumer health in all Member
States.

The aquaculture production of scallops (Pectinidae)
in
Peru takes place in separated production areas with a
low population density and far from potential sources
In addition, Pectinidae are processed
of contamination.
to withdraw the viscera and thus mitigate the risk of
viral contamination in the edible part of the product. It
is therefore appropriate to allow imports from Peru of
Pectinidae processed in that manner.

In addition, the heat treatment avoids the viability of the
virus. It is therefore appropriate to allow imports from
Peru of bivalve molluscs that have undergone a heat
treatment
following the requirements established in
point A.5(b) of Chapter II of Section VII of Annex III
to Regulation (EC) No 853/2004 of
the European
Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (2).

The Peruvian authorities have committed to put in place
immediate corrective measures and, if necessary, to allow
a Commission inspection in the coming months. It is
therefore appropriate to limit
the
the application of
in the present Decision to
measures provided for
31 March 2009, without prejudice of the power of the
Commission to modify, repeal or extend those measures
in the light of any new information related to the
evolution of the situation in Peru and of the outcome
of inspections by its services.

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) OJ L 31, 1.2.2002, p. 1.

p. 22.

(2) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,

L 307/10

EN

Official Journal of the European Union

18.11.2008

HAS ADOPTED THIS DECISION:

(a) eviscerated Pectinidae of aquaculture origin;

Article 1

This Decision shall apply to bivalve molluscs, as defined in
point 2.1 of Annex I
to Regulation (EC) No 853/2004,
imported from Peru and intended for human consumption
(bivalve molluscs).

Article 2

(b) bivalve molluscs that have undergone a heat treatment as
set out in point A.5(b) of Chapter II of Section VII of Annex
III to Regulation (EC) No 853/2004.

Article 4

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

Member States shall not authorise the importation into the
Community of bivalve molluscs from Peru.

Article 5

That prohibition shall apply to all consignments of bivalve
molluscs that are received at Community border inspection
posts whether or not the consignments were produced, stored
or certified in the country of origin before this Decision takes
effect.

Article 3

By way of derogation from Article 2, Member States shall
authorise
the
following products:

importation into the Community of

the

This Decision shall apply until 31 March 2009.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 12 November 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission