Commission Decision
of 12 July 2006
on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins
(notified under document number C(2006) 3113)
(Text with EEA relevance)
(2006/504/EC) (repealed)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Whereas:
The Scientific Committee for Food has noted that aflatoxin B1 is a potent genotoxic carcinogen and, even at extremely low levels, contributes to the risk of liver cancer.
Such contamination constitutes a serious threat to public health within the Community and it is therefore appropriate to adopt special conditions at Community level.
Many of the special conditions for imports of the foodstuffs covered by Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC from Brazil, China, Egypt, Iran and Turkey are the same. Accordingly, in the interest of clarity of Community legislation, it is appropriate to set out the special conditions for the import of those foodstuffs from those third countries due to contamination of those products by aflatoxins in a single Decision.
For some foodstuffs from certain third countries, specific additional measures are necessary.
The measures provided for in this Decision, in particular as regards foodstuffs from Iran and Brazil, have a significant impact on the control resources of the Member States. It is therefore appropriate to require that all costs resulting from sampling, analysis, storage and all costs resulting from official measures taken as regards non-compliant consignments related to the official controls of foodstuffs from Iran and Brazil pursuant to this Decision are to be borne by the importers or food business operators concerned.
From the findings of the Commission's Food and Veterinary Office (FVO) mission, it may be concluded that Brazil cannot currently ensure reliable analytical results or guarantee lot integrity in respect of certification of consignments of unshelled Brazil nuts. Furthermore, it may also be concluded that current official controls on returned lots are inadequate. It is therefore appropriate to restrict the analyses to the official laboratory which can provide guarantees as regards the analytical results and to impose strict conditions regarding the return of non-conforming lots. In the event that those strict conditions are not complied with, subsequent non-conforming lots should be destroyed.
In the interests of public health, Member States should keep the Commission informed through quarterly reports of all results of official controls carried out in respect of consignments of foodstuffs covered by this Decision. Such reports shall be in addition to the notification obligations under the rapid alert system for food and feed established by Regulation (EC) No 178/2002.
The operation of this Decision should be kept under review on the basis of the guarantees provided by the competent authorities of the third countries concerned and of the results of the official controls carried out by Member States in order to assess whether the special conditions provide a sufficient level of protection of public health within the Community and whether they are still needed.
Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC should accordingly be repealed.
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
F1Article 1Scope
This Decision shall apply to the foodstuffs referred to in points (a) to (e) and to processed and compound foodstuffs derived from or containing a significant amount of the foodstuffs referred to in points (b) to (e). However, it shall not apply to consignments of foodstuffs with a gross weight not exceeding 5 kg.
Foodstuffs shall be considered as containing a significant amount of the foodstuffs referred to in points (b) to (e), where they are present therein in a quantity of at least 10 %.
- (a)
The following foodstuffs originating in or consigned from Brazil:
- (i)
Brazil nuts in shell falling within category CN code 0801 21 00 ;
- (ii)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing Brazil nuts in shell;
- (i)
- (b)
The following foodstuffs originating in or consigned from China:
- (i)
peanuts falling within CN code 1202 10 90 or 1202 20 00 ;
- (ii)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
- (iii)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
- (i)
- (c)
The following foodstuffs originating in or consigned from Egypt:
- (i)
peanuts falling within CN code 1202 10 90 or 1202 20 00 ;
- (ii)
peanuts falling within CN code 2008 11 94 (in immediate packings of a net content exceeding 1 kg) or 2008 11 98 (in immediate packings of a net content not exceeding 1 kg);
- (iii)
roasted peanuts falling within CN codes 2008 11 92 (in immediate packings of a net content exceeding 1 kg) or 2008 11 96 (in immediate packings of a net content not exceeding 1 kg);
- (i)
- (d)
The following foodstuffs originating in or consigned from Iran:
- (i)
pistachios falling within CN code 0802 50 00 ;
- (ii)
roasted pistachios falling within CN codes 2008 19 13 (in immediate packings of a net content exceeding 1 kg) and 2008 19 93 (in immediate packings of a net content not exceeding 1 kg);
- (i)
- (e)
The following foodstuffs originating in or consigned from Turkey:
- (i)
dried figs falling within CN code 0804 20 90 ;
- (ii)
hazelnuts ( Corylus spp.) in shell or shelled falling within CN code 0802 21 00 or 0802 22 00 ;
- (iii)
pistachios falling within CN code 0802 50 00 ;
- (iv)
mixtures of nuts or dried fruits falling within CN code 0813 50 and containing figs, hazelnuts or pistachios;
- (v)
fig paste and hazelnut paste falling within CN code 2007 99 98 ;
- (vi)
hazelnuts, figs and pistachios, prepared or preserved, including mixtures falling within CN code 2008 19 ;
- (vii)
flour, meal and powder of hazelnuts, figs and pistachios falling within CN code 1106 30 90 ;
- (viii)
cut, sliced and broken hazelnuts.
- (i)
Article 2Definitions
For the purposes of this Decision, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 and in Article 2 of Regulation (EC) No 882/2004 shall apply.
‘Designated points of import’ means the points through which the foodstuffs referred to in Article 1 may only be imported into the Community. An exhaustive list of designated points of import is provided in Annex II.
Article 3Results of sampling and analysis and health certificate
1.
(a)
the Ministério da Agricultura, Pecuária e Abastecimento (MAPA) for foodstuffs from Brazil;
(b)
the State Administration for Entry-Exit inspection and Quarantine of the People's Republic of China for foodstuffs from China;
(c)
the Egyptian Ministry of Agriculture for foodstuffs from Egypt;
(d)
the Iranian Ministry of Health for foodstuffs from Iran;
(e)
the General Directorate of protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey for foodstuffs from Turkey.
2.
The health certificate provided for in paragraph 1 shall only be valid for imports of foodstuffs into the Community no later than four months from the date of issue of the health certificate.
F13.
The competent authorities in the Member State of introduction shall ensure that the foodstuffs intended for import into the Community are subject to documentary checks to ensure that the requirement for the results of sampling and analysis and the health certificate provided for in paragraph 1 are complied with.
4.
Where a consignment of foodstuffs is not accompanied by the results of sampling and analysis and the health certificate provided for in paragraph 1, the consignment may not enter the Community for onward transit to the designated point of import nor be imported into the Community and must be re-dispatched to the country of origin or destroyed.
5.
The sampling and the analysis provided for in paragraph 1 must be performed in accordance with the provisions of Regulation (EC) No 401/2006.
6.
Each consignment of foodstuffs shall be identified with a code which corresponds to the code on the sampling results of the sampling and analysis and health certificate referred to in paragraph 1. Each individual bag, or other packaging form, of the consignment shall be identified with that code.
F27.
The competent authorities at the points of introduction into the Community and at the designated point of import shall complete the common document for checks performed on foodstuffs covered by this Decision, as set out in Annex III, certifying the checks carried out on foodstuffs covered by this Decision.
Article 4Designated points of import into the Community
1.
Foodstuffs may only be imported into the Community through one of the designated points of import listed in Annex II.
2.
(a)
the presence of trained staff to perform official controls on consignments of foodstuffs;
(b)
the availability of detailed instructions regarding sampling and the sending of the samples to the laboratory, in accordance with provisions in Annex I of Regulation (EC) No 401/2006;
(c)
the possibility to perform the unloading and the sampling in a sheltered place at the designated point of import; it must be possible to place the consignment of the foodstuffs under the official control of the competent authority from the designated point of import onwards in cases where the consignment has to be transported in order to perform the sampling;
(d)
the availability of storage rooms, warehouses to store detained consignments of foodstuffs in good conditions during the period of detention awaiting the results of analysis;
(e)
the availability of unloading equipment and appropriate sampling equipment;
(f)
3.
Member States shall ensure that food business operators must make available sufficient human resources and logistics to unload the consignment of foodstuffs, thus enabling representative sampling to take place.
In the case of special transport and/or specific packaging forms, the operator/responsible food business operator must make available to the official inspector the appropriate sampling equipment insofar as the sampling cannot be representatively performed with the usual sampling equipment.
Article 5Official control
1.
The competent authorities in each Member State shall take a sample for analysis, in accordance with the provisions of Annex I of Regulation (EC) No 401/2006 from consignments of foodstuffs for analysis of aflatoxin B1 and total aflatoxin contamination before release for free circulation from the designated point of import into the Community.
2.
The sampling for analysis referred to in paragraph 1 shall be carried out on:
(a)
each consignment of foodstuffs from Brazil;
(b)
approximately 10 % of the consignments of foodstuffs from China;
(c)
approximately 20 % of the consignments of foodstuffs from Egypt;
(d)
each consignment of foodstuffs from Iran;
F1(e)
approximately 5 % of the consignments for each category of hazelnuts and derived products referred to in point (e)(ii), (iv), (v), (vi), (vii) and (viii) of the second paragraph of Article 1 and derived products from such hazelnuts from Turkey and approximately 10 % of the consignments of other categories of foodstuffs from Turkey.
3.
Any consignment of foodstuffs which is to be subjected to sampling and analysis may be held before release for free circulation from the designated point of import into the Community for a maximum period of 15 working days from the moment the consignment is offered for import and physically available for sampling.
F1The competent authorities at the designated point of import shall ensure that the completed common document for checks performed on foodstuffs covered by this Decision, as set out in Annex III, is accompanied by the results of their sampling and analysis.
4.
Member States shall submit to the Commission every three months a report of all analytical results of official controls on consignments of foodstuffs. This report shall be submitted during the month following each quarter (April, July, October, and January).
Article 6Splitting of a consignment
If a consignment is split, copies of the health certificate provided for in Article 3(1) and the official document provided for in Article 5(3), and certified by the competent authority of the Member State on whose territory the splitting has taken place, shall accompany each part of the split consignment up to and including the wholesale stage.
Article 7Additional conditions as regards imports of foodstuffs from Brazil
1.
The analysis provided for in Article 3(1) must be performed by the official control laboratory for the analysis of aflatoxins in foodstuffs from Brazil, the Laboratório de Controle de Qualidade de Segurança Alimentar (LACQSA) in Belo Horizonte, Brazil.
2.
Consignments of unshelled Brazil nuts not complying with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 may only be returned to the country of origin where, for each individual non-conforming consignment, the Ministério da Agricultura, Pecuária e Abastecimento (MAPA) provides the following in writing:
(a)
explicit agreement for the return of the consignment concerned, and indicating the consignment code;
(b)
a commitment to put the returned consignment under official control from the date of arrival onwards;
(c)
a concrete indication of:
- (i)
the destination of the returned consignment;
- (ii)
the intended treatment of the returned consignment; and
- (iii)
the intended sampling and analysis to be performed on the returned consignment.
However, if the conditions provided for in points (a), (b) and (c) are not complied with by the Ministério da Agricultura, Pecuária e Abastecimento (MAPA), all subsequent consignments that do not comply with the maximum levels for aflatoxin B1 and aflatoxin total, established by Regulation (EC) No 466/2001 shall be destroyed by the competent authorities of the importing Member State.
Article 8Additional conditions as regards imports of foodstuffs from Brazil and Iran
1.
All costs resulting from sampling, analysis, storage and issuing of accompanying official documents and of copies of health certificate and accompanying documents pursuant to Articles 3(1) and 5(3) for foodstuffs from Brazil and Iran as referred to in points (a) and (d) of Article 1 and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in these points, shall be borne by the food business operator responsible for the consignment or its representative.
F12.
All costs related to official measures taken by the competent authorities as regards non-compliance of consignments of foodstuffs referred to in Article 1(a) to (e) and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in these points shall be borne by the food business operator responsible for the consignment or its representative.
Article 9Review
This Decision shall be reviewed on the basis of the reports provided for in Article 5(4) and guarantees provided by the competent authorities of countries exporting the foodstuffs and of the results of the sampling and analysis carried out by Member States in order to assess whether the conditions set out in Articles 3, 4, 5, 6, 7 and 8 provide a sufficient level of protection of public health within the Community and whether they are still necessary.
Article 10Repeals
Decisions 2000/49/EC, 2002/79/EC, 2002/80/EC, 2003/493/EC and 2005/85/EC are hereby repealed.
F2Article 10aTransitional provisions
Article 11Applicability
This Decision shall apply from 1 October 2006.
Member States shall adopt and publish the necessary measures to comply with this Decision. They shall forthwith inform the Commission thereof.
Article 12Addressees
This Decision is addressed to the Member States.
F1ANNEX I
F1ANNEX II
Member State | Designated points of import |
---|---|
Belgium | Antwerpen/Anvers, Zeebrugge, Brussel/Bruxelles, Aalst/Alost |
Bulgaria | Burgas, Airport, Burgas ‘ West-Fish port ’ , Varna Airport, Varna Port — West Varna Port, Varna — ferry-boat port, Svilengrad — railway station, Kapitan Andreevo, Ruse — terminal east port, Sofia — Airport Customs House — Sofia Customs House — Plovdiv |
Czech Republic | Celní úřad Praha D5 |
Denmark | All Danish ports and airports |
Germany | HZA Lörrach — ZA Weil am Rhein-Autobahn, HZA Stuttgart — ZA Flughafen, HZA München — ZA München — Flughafen, HZA Berlin — ZA Dreilinden, HZA Frankfurt (Oder) — ZA Frankfurt (Oder) Autobahn, HZA Frankfurt (Oder) — ZA Forst-Autobahn, HZA Bremen — ZA Neustädter Hafen, HZA Bremen — ZA Bremerhaven, HZA Hamburg — Hafen — ZA Waltershof, HZA Hamburg — Stadt, HZA Itzehoe — ZA Hamburg — Flughafen, HZA Frankfurt-am-Main-Flughafen, HZA Braunschweig — ZA Braunschweig-Broitzem, HZA Hannover — ZA Hannover-Nord, HZA Koblenz — ZA Hahn — Flughafen, HZA Oldenburg — ZA Wilhelmshaven, HZA Bielefeld — ZA Eckendorfer Straße Bielefeld, HZA Erfurt — ZA Eisenach, HZA Potsdam — ZA Ludwigsfelde, HZA Potsdam — ZA Berlin — Flughafen Schönefeld, HZA Potsdam — ZA Berlin — Flughafen Tegel, HZA Augsburg — ZA Memmingen, HZA Ulm — ZA Ulm (Donautal), HZA Karlsruhe — ZA Karlsruhe, HZA Gießen — ZA Gießen, HZA Gießen — ZA Marburg, HZA Singen — ZA Bahnhof, HZA Lörrach — ZA Weil am Rhein — Schusterinsel, HZA Hamburg-Stadt — ZA Oberelbe, HZA Hamburg-Stadt — ZA Oberelbe — Abfertigungsstelle Billbrook, HZA Hamburg-Stadt — ZA Oberelbe — Abfertigungsstelle Großmarkt, HZA Düsseldorf — ZA Düsseldorf Nord, HZA Köln — ZA Köln Niehl, HZA Erfurt — ZA Jena |
Estonia | All Estonian Customs Offices |
Greece | Athina, Pireas, Athina International Airport, Thessaloniki, Volos, Nafplio, Patra, Egion, Iraklion Kritis, Larisa, Ioannina, Katerini, Komotini, Veria, Drama, Serres, Kavala, Xanthi, Alexadroupolis |
Spain | Algeciras (Puerto), Alicante (Puerto), Almería (Puerto), Barcelona (Puerto), Bilbao (Puerto), Cádiz (Puerto), Ceuta (Puerto), Las Palmas de Gran Canaria (Puerto), Málaga (Puerto), Melilla (Puerto), Sevilla (Puerto), Tarragona (Puerto), Valencia (Puerto), Juan Escoda S.A. — Tarragona (Puerto), Importaco — Valencia (Puerto) |
France | Marseille (Bouches-du-Rhône), Le Havre (Seine-Maritime), Rungis MIN (Val-de-Marne), Lyon Chassieu CRD (Rhône), Strasbourg CRD (Bas-Rhin), Lille CRD (Nord), Saint-Nazaire Montoir CRD (Loire-Atlantique), Agen (Lot-et-Garonne), port de la Pointe des Galets à La Réunion |
Ireland | Dublin — Port, Shannon — Airport |
Italy | Ufficio di Sanità, Marittima, Aerea e di Frontiera (USMAF) Bari, Unità Territoriale (UT) Bari USMAF Bologna, UT Ravenna, USMAF Brindisi, UT Brindisi USMAF Catania, UT Reggio Calabria USMAF Genova, UT Genova USMAF Genova, UT La Spezia USMAF Genova, UT Savona, USMAF Livorno, UT Livorno USMAF Napoli, UT Cagliari USMAF Napoli, UT Napoli, USMAF Napoli, UT Salerno, USMAF Pescara, UT Ancona, USMAF Venezia, UT Trieste, compresa dogana di Fernetti-interporto Monrupino USMAF Venezia, UT Venezia |
Cyprus | Limassol Port, Larnaca Airport |
Latvia | Grebneva – road with Russia Terehova – road with Russia Pātarnieki – road with Byelorussia Silene – road with Byelorussia Daugavpils – railway commodity station Rēzekne – railway commodity station Liepāja – seaport Ventspils – seaport Rīga – seaport Rīga – airport Rīga Rīga – Latvian Post |
Lithuania | Road: Kybartai, Lavoriškės, Medininkai, Panemunė, Šalčininkai Airport: Vilnius Seaport: Malkų įlankos, Molo, Pilies Railway: Kena, Kybartai, Pagėgiai |
Luxembourg | Centre Douanier, Croix de Gasperich, Luxembourg Administration des Douanes et Accises, Bureau Luxembourg — Aéroport, Niederanven |
Hungary | Ferihegy – Budapest – airport Záhony – Szabolcs–Szatmár–Bereg – road Eperjeske – Szabolcs–Szatmár–Bereg – railway Röszke – Csongrád – road Kelebia – Bács-Kiskun – railway Letenye – Zala – road Gyékényes – Somogy – railway Mohács – Baranya – port All Hungarian Chief Customs Offices |
Malta | Malta Freeport, the Malta International Airport and the Grand Harbour. |
Netherlands | All harbours and airports and all border stations |
Austria | All Customs Offices |
Poland | Bezledy – Warmińsko – Mazurskie – road border point Kuźnica Białostocka – Podlaskie – road border point Bobrowniki – Podlaskie – road border point Koroszczyn – Lubelskie – road border point Dorohusk – Lubelskie – road and railway border point Gdynia – Pomorskie – seaport border point Gdańsk – Pomorskie – seaport border point Medyka – Przemyśl – Podkarpackie – railway border point Medyka – Podkarpackie – road border point Korczowa – Podkarpackie – road border point Jasionka – Podkarpackie – airport border point Szczecin – Zachodnio – Pomorskie – seaport border point Świnoujście – Zachodnio – Pomorskie – seaport border point Kołobrzeg – Zachodnio – Pomorskie – seaport border point Mazowieckie – Warsaw Airport and custom warehouses – supervised by BSES in Warszawa Custom warehouse – supervised by PSES in Bytom Custom warehouse – supervised by PSES in Gliwice Custom warehouse – supervised by PSES in Dąbrowa Górnicza Custom warehouse – supervised by PSES in Katowice Custom warehouse – supervised by PSES in Cieszyn 4 Custom warehouses – supervised by PSES in Poznań Custom warehouse – supervised by PSES in Łódź Custom warehouse – supervised by PSES in Łowicz Custom warehouse – supervised by PSES in Skierniewice Custom warehouse – supervised by PSES in Bytów Custom warehouse – supervised by PSES in Kraków 2 Custom warehouses – supervised by PSES in Biała Podlaska Custom warehouse – supervised by PSES in Bolesławiec 2 Custom warehouses – supervised by PSES in Bydgoszcz |
Portugal | Lisboa, Leixões Sines, Alverca, Riachos, Setúbal, Bodadela, Lisbon airport, Porto airport |
Romania | Constanta Nord harbour, Constanta Sud harbour, Otopeni International Airport, Sculeni – on the road, Halmeu – on the road Siret – on the road, Stamora Moravita – on the road Albita – on the road |
Slovenia | Obrežje – road border crossing Koper – port border crossing Dobova – railway border crossing Brnik – airport border crossing Jelšane – road border crossing Ljubljana – railway and road border crossing Gruškovje – road border crossing Sežana – railway and road border crossing |
Slovakia | Customs Offices: Banská Bystrica, Bratislava, Košice, Žilina, Nitra, Prešov, Trnava, Trenčín, Čierna nad Tisou |
Finland | All Finnish Customs Offices |
Sweden | Göteborg, Stockholm, Helsingborg, Landvetter, Arlanda |
United Kingdom | Belfast, Dover, Felixstowe, Gatwick Airport, Goole, Harwich, Heathrow Airport, Hull, Ipswich, Liverpool, London (including Tilbury, Thamesport and Sheerness), Manchester Airport, Manchester Container Base, Manchester International Freight Terminal, Manchester (Ellesmere Port only), Southampton, Teesport |