Council Regulation (EEC) No 3185/91 of 22 October 1991 adopting measures for the import of fruit and vegetables from certain countries affected by cholera

COUNCIL REGULATION (EEC) No 3185/91  of 22 October 1991  adopting measures for the import 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 rapdily increasing in certain parts of South America; whereas this disease is a serious threat to public health and the cholera vibrio can, inter alia, contaminate 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 third countries; whereas it is incumbent upon  the Council therefore to adopt common rules which will protect the health of consumers, maintain market unity without unduly affecting trade between the third countries and the Community and prevent deflection of trade;
Whereas requirements to be met for imports of fruit and vegetables originating in, or consigned from, regions affected by cholera should be specified; whereas the list of these regions should therefore be determined and provision should be made for the  origin or place of consignment of the products to be mentioned on the accompanying document;
Whereas these requirements should not be made applicable to products which, because of their characteristics, the treatment they are given or the length of time spent in transport present no risk of contamination;
Whereas, further, these requirements should not be made applicable to consignments of fruit and vegetables covered by suitable guarantees from the official authorities of the exporting third country; whereas it is necessary therefore to specify the  recognized health authorities of the third countries in question;
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 drawing up and 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 applied effectively;
Whereas the aforementioned safeguards will apply without prejudice to normal requirements pertaining to imports from the third countries in question;
Whereas documentary or identification checks, as appropriate in each case, must be carried out on products intended for import 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;
Whereas a simplified procedure should be set up that will permit continual rapid updating of Community rules in line with changes in the epidemiological situation as regards cholera; whereas, to this end, a Commission ad hoc committee should be set up;
Whereas bananas should be excluded from the scope of this Regulation since the ripening processes which these products undergo cancels out all risk of the cholera vibrio being introduced into the Community,