2003/493/EC: Commission Decision of 4 July 2003 imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil (Text with EEA relevance)

5.7.2003 EN Official Journal of the European Union L 168/33
COMMISSION DECISION
of 4 July 2003
imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil
(Text with EEA relevance)
(2003/493/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof,
Whereas:
(1) Brazil nuts in shell originating in or consigned from Brazil (‘Brazil nuts’) have been found, in many cases, to be contaminated with excessive levels of aflatoxin B1 and total aflatoxin.
(2) The Scientific Committee for Food has noted that aflatoxin B1, even at extremely low levels, can cause cancer of the liver and is also genotoxic.
(3) Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs (2), as last amended by Regulation (EC) No 563/2002 (3), sets maximum levels for certain contaminants and in particular aflatoxins in foodstuffs. Those limits have been frequently and largely exceeded in samples of Brazil nuts.
(4) Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt protective measures at Community level.
(5) The Commission's Food and Veterinary Office (‘FVO’) carried out a mission in Brazil from 25 January to 9 February 2003 to assess the control systems in place to prevent aflatoxin contamination levels in Brazil nuts intended for export to the Community. The mission revealed, inter alia, that:
— the national legislation provides for an inadequate sampling procedure,
— no adequate traceability system is in place in relation to Brazil nuts, either during the process chain, or in relation to the export procedure and certification,
— control over the sample during the dispatch to the laboratory is inadequate,
— some laboratories entitled to perform analysis for the purposes of export certification do not produce accurate or dependable results,
— on some aflatoxin certificates issued by private laboratories lot identification is often inadequate to enable dependable guarantees on the relationship between sample, lot and certificate,
— the official controls on returned lots is inadequate.
(6) It is necessary that Brazil nuts be collected, sorted, handled, processed, packaged and transported following good hygiene practices. It is also necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from consignment immediately prior to their dispatch from Brazil. The sampling and the analysis should be performed in accordance with Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (4), as amended by Directive 2002/27/EC of 13 March 2002 (5).
(7) Brazil should provide documentary evidence to accompany each consignment of Brazil nuts, relating to the conditions of collection, sorting, handling, processing, packaging and transport, as well as the results of laboratory analysis of the samples taken from consignment for levels of aflatoxin B1 and total aflatoxin.
(8) From the findings of the FVO's mission, it may be concluded that Brazil cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification of consignments of Brazil nuts. Therefore, any certificate issued for Brazil nuts from Brazil raises serious doubts with regard to its reliability. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to impose strict conditions on the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed.
(9) It is therefore necessary in order to safeguard public health that all lots of Brazil nuts imported into the Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market.
(10) In the interests of public health, Member States should provide the Commission with periodical reports of all analytical results of official controls carried out in respect of consignments of Brazil nuts. Such reports should be in addition to the notification obligations under the Rapid Alert System for Food and Feed established under Regulation (EC) No 178/2002.
(11) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,