CELEX: 51991PC0311
Language: en
Date: 1991-08-02
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON IMPORTS OF FRUIT AND VEGETABLES FROM CERTAIN COUNTRIES AFFECTED BY CHOLERA

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        C0M(91) 311 final
                                        Brussels,  2 August 1991
                               Proposal for a
                         COUNCIL REGULATION (EEC)
        on imports of fruit and vegetables from certain countries
                            affected by cholera
                      (presented by the Commission)
;u^
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                            EXPLANATORY MEMORANDUM
On 19 March 1991 the Commission adopted Decision 91/147/CEE1 adopting
protective   measures   against   cholera   affecting   imports of    fruit  and
vegetables from Peru.
Since then the epidemic has spread to neighbouring countries and there
is a possibility that the whole of South America will be affected.
It    is  planned   to   repeal    the   provisional    measures    adopted   by
Decision 91/147/EEC.     Since no suitable action can be taken under the
common agricultural    policy to tackle the risks to the European fruit
and vegetable consumer, it is necessary for the Council            to act under
the   common  trade   policy    in order   to   protect   consumer   health  and
preserve the unity of the market without unduly affecting trade with
third countr ies.
The attached Regulation sets requirements for importation of fresh and
processed fruit and vegetables liable to be contaminated with cholera
vibr io.
     it lists the South American regions affected by cholera to which
     the protective measures apply (Annex I);
    makes    importation    of   products    from   these   areas   subject   to
    presentation    of   a   certificate   issued    by  a   recognized   health
    authority carrying certain information (Article 2(1), Annex           II and
     Ml);
    exempts from these requirements certain products carrying no risk
    of infection (Article 2(2), Annex IV);
     imposes additional requirements in view of the health situation in
    certain third countries.
1   OJ No L 73, 23.3.1991, p. 35.
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The Community may send inspectors to the affected regions (Article 3 ) .
When products are imported Member States must check the certification
or if under Article 2(2) a certificate is not required check that the
requirements of Annex IV are met (Article 4 ) .
 If the competent authorities of Member States in which products are to
be   consumed  find  cholera  vibrio  when   making   a sample   check the
Commission and the other Member States are to be informed (Article 5 ) .
The Regulation is framed so as to enable the Commission to adopt the
rules   of  application  needed  and   adjust   the  annexes   rapidly and
frequently as the changing situation dictates.      To this end an ad hoc
Commission regulatory committee will be set up (Article 6 ) .
The initial period of application of Regulation will be two years.
 ---pagebreak---                                        _ 4 -
                                  Proposal for a
                            COUNCIL REGULATION (EEC)
        on imports of fruit and vegetables from certain countries
                               affected by cholera
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having   regard    to   the   Treaty    establishing     the   European    Economic
Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the incidence of cholera is rapidly increasing in certain parts
of South America;     whereas this disease is a serious threat to public
health and can be spread by contaminated fruit and vegetables;
Whereas Community experts have visited the regions in question to look
at the situation and decide what safeguards are required to prevent any
risk of introduction of the disease into the Community;
Whereas their findings indicate that Community measures are required;
whereas   national     measures     have    been   adopted     in   a   number   of
Member States on     imports of fruit and vegetables from certain South
American countries;      whereas it is incumbent on the Council           therefore
to  adopt   common   rules   that   will   protect   the   health   of  consumers,
maintain   market   unity    without   unduly    affecting    trade   between   the
Community and third countries and prevent deflection of trade;
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Whereas requirements       to be met     for   imports of fruit      and   vegetables
originating     in or consigned     from regions affected by cholera            should
therefore    be   specified;   whereas     the   list   of   these   regions    should
therefore be determined;
Whereas these requirements should not be made applicable to products
that because of their characteristics, the treatment they are given or
the length of time elapsing before they reach the Community present no
health risk;
Whereas     these    requirements     should     not    be   made     applicable    to
consignments of fruit and vegetables covered by suitable                   guarantees
from the authorities of the exporting country;             whereas it is necessary
therefore to specify the recognized health authorities of the countries
 in quest ion;
Whereas Member States must be able to require presentation of health
certificates     made   out  by   the   authorities      of   the   exporting    third
country;    whereas    the   requirements      pertaining     to   the    issuing   of
certificates must be specified;
Whereas experts from the Member States and from the Commission should
make checks to see whether the health safeguards offered by the third
countries concerned are effective;
Whereas    the   special   rules  will    apply    without    prejudice    to  normal
requirements      pertaining   to    imports    from    the    third   countries    in
quest ion;
Whereas documentary or       identification checks, as appropriate            in each
case, must be carried out on imported products when they first arrive
in   the  Community;     whereas   such    a  check    is required      in order    to
guarantee free circulation within the Community;             whereas sample checks
may also be made       in the Member State of consumption             to ensure    the
absence of cholera vibrio;
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Whereas   a simplified    procedure    should  be  set   up   that  will  permit
continual   rapid updating of     the rules    in  line with     changes  in the
epidemiological    situation;  whereas to this end an ad hoc           committee
should be set up,
HAS ADOPTED THIS REGULATION:
                                    Article 1
This Regulation sets rules applying to imports of
    fruit    and    vegetables   covered    by   Council     Regulations   (EEC)
                1              2
    No 1035/72    or No 827/68
    processed     fruit   and  vegetable     products    covered    by   Council
                                  3
    Regulation (EEC) No 426/86
originating   in or consigned from the areas affected by cholera listed
in Annex I.
                                   Art icle 2
1.  Products as indicated in Article 1 shall not be admitted for import
    unless accompanied by an official        certificate    issued by a health
    authority shown in Annex II, made out as specified in Annex III.
2.  No certificate shall be required for products covered by Annex IV.
3.  Products from third countries       indicated   in Annex V must meet the
    additional requirements specified therein.
1   OJ No L 118, 20.05.1972, p. 1.
2   OJ No L 151, 30.06.1968, p. 16
3   OJ NO L 49, 27.02.1986, p. 1.
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                                 Article 3
Checks may be made on the spot by experts from the Member States or the
Commission to see whether the health protection and control guarantees
offered by third countries are effective.
                                 Art icie 4
When products indicated in Article 1 enter the Community the competent
authorities of the Member State shall, as appropriate, check
    that    the  certificate    indicated    in  Article    2(1)   meets   the
    requirements set out in Annex ill,
    the    identity  of   products     exempt   from   certification     under
    Article 2(2).
                                  Article 5
Member States in which products are to be consumed may carry out sample
examinations on products indicated in Article 1.        If cholera vibrio is
found the competent authorities shall immediately inform the Commission
and the other Member States, irrespective of what         is to be done with
the contaminated consignment.
                                  Article 6
 1. The Commission shall    be assisted by a committee composed of the
     representatives   of   the    Member   States   and    chaired   by   the
     representative of the Commission.
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2. Detailed rules for application of this Regulation and any changes
   to the Annexes shall be adopted     in accordance with the procedure
   laid down in paragraph 3.
3. The representative of the Commission shall submit to the committee
   a draft of the measures to be taken. The committee shall deliver
    its opinion on the draft within a time limit which the chairman may
   lay down according to the urgency of the matter.
4. The   opinion  shall  be  delivered  by  the  majority    laid  down  in
   Article 148(2) of the Treaty     in the case of decisions which the
   Council is required to adopt on a proposal from the Commission.
   The votes of the representatives of the Member States within the
   committee shall be weighted in the manner set out in that Article.
   The chairman shall not vote.
5. The Commission shall adopt the measures envisaged       if they are in
   accordance with the opinion of the committee.
   If the measures envisaged are not in accordance with the opinion of
   the committee, or if no opinion is delivered, the Commission shall,
   without delay, submit    to the Council  a proposal    relating to the
   measures    to be  taken.  The  Council  shall   act   by   a  qualified
   major ity.
6. If, on    the expiry  of  a period  of one month     from  the date of
   referral   to the Council, the Council has not acted, the proposed
   measures shall be adopted by the Commission.
 ---pagebreak---                                   - 9 -
                               Art icle 7
This Regulation shall enter  into force on the third day following that
of its publication in the Official Journal of the European Communities.
It shall be valid for two years from that date.
This  Regulation  shall  be   binding   in  its  entirety and  directly
applicable in all Member States.
Done at Brussels,                       For the Council
                                        The President
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               ANNEX I
Affected areas
Country                Administrative units
Co IombI a             Departments of Narino and Cauca
Ecuador                Provinces of Chimborazo, El Oro,
                       Esmaraldas, Guayas, Loja and
                       Los Rios
Peru                   AI I provinces
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                               ANNEX I I
Recognized certifying health authorities
Country                                 Name
Co Iomb i a                             1. Instituto Nacional de la
                                           Salud (INS), Bogota
                                        2. Servicio Seccional de Salud
                                           (SSS) of  the Departments of
                                           Narino (located at Tasco) and
                                           Cauca (located at Popayan)
Ecuador                                 1. Instituto Nacional de Higiene
                                           y  Medicina tropical   (INHMT)
                                           "Leopoldo Izqueta Perez",
                                           GuayaquiI
Peru                                    1. Centro de Cert ificaciones
                                           Pesqueras (CERPER), El Callao
                                        2. Ministerio de Salud, Lima
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                                   ANNEX I I
Entries to be made on official certificates issued by recognized health
author it ies:
    Name of authority and if appropriate of the delegated authority or
    author it ies-,
    Place of issue, number and date;
    Description of consignment and type of treatment;
    Name and address of treatment plant;
    Attestation that the treatment plant observes proper standards of
    hygiene in all handling operations and in particular that the water
    used is treated with chlorine;
    Attestation     that  the  treatment   plant   is subjected  to stringent
     inspection by officials of the recognized health authority and that
    all    hygienic     requirements   for    processing,   presentation  and
    packaging are complied with;
    The health authority's stamp and the signature of the person or
    persons authorized to sign.
 ---pagebreak---                                    13 -
                                ANNEX IV
A. List of products not subject to restriction
1. Dried vegetables, dried leguminous vegetables, nuts and dried fruit
   of CN headings 0712, 0713, 0802 and 0813 respectively, and any
   fruit and vegetable dried to an a w value below 0.85.
2. All  fruit    and vegetables  transported  under  normal   conditions,
   including moisture conditions, when the journey time       is at  least
   14 days.
B. List of products given a specific      treatment and not    subject  to
   restr ict ion
1. Fruit and vegetables and juices or pulps of these in hermetically
   sealed tins, jars and bottles heated for preservation to more than
   70*C throughout after sealing.
2. Fruit and vegetables in tins, jars and bottles preserved in an acid
   medium of pH below 4.5.
3. Frozen fruit and vegetables previously heat-treated      to more than
   70*C throughout   and packaged under proper hygienic conditions in
   the countries concerned.
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                                ANNEX V
Special requirements (Article 2(3))
Country of consignment                  Addition requirements
Peru                                    The   certificate   indicated    in
                                        Article 2(1) must be accompanied
                                        by   an  official   numbered    and
                                        dated attestation, issued by the
                                        Ministry of Health, that      there
                                        is  no   cholera  vibrio   on   the
                                        products     making     up      the
                                        consignment.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 311 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-357-EN-C
                                                             ISBN 92-77-74972-5
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