2008/921/EC: Commission Decision of 9 December 2008 amending Decision 2008/798/EC (notified under document number C(2008) 8197) (Text with EEA relevance)
Date: 2008-12-09
Institutions: European Commission
Subjects: China, baby food, chemical product, food inspection, import restriction, milk, milk product

10.12.2008

EN

Official Journal of the European Union

L 331/19

COMMISSION DECISION

of 9 December 2008

amending Decision 2008/798/EC

(notified under document number C(2008) 8197)

(Text with EEA relevance)

(2008/921/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(1), (b) thereof,

(5)

According to information made available by the Member
States through the Rapid Alert System for Feed and Food,
high level of melamine have been found recently also in
products containing soya or soya products imported
from China. Melamine has
also been found in
ammonium bicarbonate, used in food industry as
raising agent. It is therefore appropriate to extend the
measures
Commission Decision
in
2008/798/EC also to those products.

down

laid

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

in this Decision are in
Standing
the

opinion

the

of

Whereas:

HAS ADOPTED THIS DECISION:

(1)

(2)

(3)

to

adopt

possibility

Article 53 of Regulation (EC) No 178/2002 provides for
appropriate Community
the
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
cannot
of
by means
be
measures taken by the Member States individually.

satisfactorily

contained

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.

from
To counter the risk for health that may result
exposure to the melamine content of
feed and food
products, Commission Decision 2008/798/EC imposing
special conditions governing the import of products
containing milk or milk products originating in or
consigned from China,
and repealing Commission
Decision 2008/757/EC, provides for a prohibition to
import into the Community products containing milk
or milk products, intended for the particular nutritional
use of infants and young children, and requires Member
States to perform systematic checks at import on other
feed and food containing milk or milk products. That
Decision also requires Member States to withdraw from
the market any such product found to contain melamine
in excess of 2,5 mg/kg product.

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

Article 1

Decision 2008/798/EC is amended as follows:

1. In Article 2, paragraph 1 is replaced by the following:

the

States

import

shall prohibit

‘Member
into the
Community of products containing milk, milk products,
soya or soya 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 nutri­
tional uses, originating or consigned from China. Member
States shall also ensure that any such product found after the
entry into force of this Decision on the market shall be
immediately withdrawn and destroyed.’

2. In Article 2, paragraph 2 is replaced by the following:

checks,

‘Member States shall carry out documentary,
identity and
analysis, on all
including laboratory
physical
consignments originating in or consigned from China of
ammonium bicarbonate intended for food and feed and of
feed and food containing milk, milk products, soya or soya
products.

Member States may carry out
importing other
protein content originating from China.

to
feed and food products with a high

random checks prior

L 331/20

EN

Official Journal of the European Union

10.12.2008

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 availa­
bility of the results of the laboratory analysis.’

3. Article 3 is replaced by the following:

‘Feed and food business operators or their representatives
shall give prior notification to the point of control referred
to in Article 2(3) of the estimated date and time of arrival of
all consignments originating in or consigned from China of
feed and food containing milk, milk products, soya or soya
products.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 9 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission