Commission Implementing Decision of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (Text with EEA relevance) (2011/884/EU)

Article 1 Scope

This Decision shall apply to rice products listed in Annex I, originating in or consigned from China.

Article 2 Definitions

1. For the purposes of this Decision, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002, Article 2 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1) and Article 3(b) and (c) of Commission Regulation (EC) No 669/2009(2) on increased controls on imports of certain feed and food of non-animal origin shall apply.

2. The following definitions shall also apply:

(a) Lot

:

a distinct and specified quantity of material.

(b) Increment sample

:

small equal quantity of product taken from each individual sampling point in the lot through the full depth of the lot (static sampling), or taken from the product stream during a stated portion of time (flowing commodities sampling).

(c) Bulk sample

:

quantity of product obtained by combining and mixing the increments taken from a specific lot.

(d) Laboratory sample

:

quantity of product taken from the bulk sample intended for laboratory inspection and testing.

(e) Analytical sample

:

homogenised laboratory sample, consisting either of the whole laboratory sample or a representative portion thereof.

Article 3 Prior notification

Feed and food business operators or their representatives shall give adequate prior notification of the estimated date and time at the designated point of entry of the physical arrival of the consignment and of the nature of the consignment. Operators must also indicate the designation of the product as to whether it is food or feed.

Article 4 Import conditions

1. Each consignment of products referred to in Article 1 shall be accompanied by an analytical report for each lot, and by a health certificate in accordance with the models set out in Annexes III and IV, completed, signed and verified by an authorised representative of the ‘Entry Exit Inspection and Quarantine Bureau of the People’s Republic of China’ (AQSIQ).

2. Where a product referred to in Annex I is not containing, consisting of or produced from rice, the analytical report and the health certificate may be replaced by a statement from the operator responsible for the consignment indicating that the food or feed is not containing, consisting or produced from rice.

3. Sampling and analysis for the purposes of the analytical report referred to in paragraph 1 shall be performed in accordance with Annex II.

4. Each consignment shall be identified with the code appearing on the health certificate. Each individual bag, or other packaging form, of the consignment shall be identified with that code.

Article 5 Official controls

1. The competent authority of a Member State shall ensure that all the products referred to in Article 1 are subject to documentary checks to ensure that the import conditions provided for in Article 4 are complied with.

2. Where a consignment of products other than those described in Article 4(2) is not accompanied by a health certificate and the analytical report provided for in Article 4, the consignment shall be re-dispatched to the country of origin or destroyed.

3. Where a consignment is accompanied by the health certificate and the analytical report provided for in Article 4 the competent authority shall take a sample for analysis in accordance with Annex II for the presence of unauthorised GMOs with a frequency of 100 %. If the consignment consists of several lots, each lot shall be submitted to sampling and analysis.

4. The competent authority may authorise onward transportation of the consignment pending the results of the physical checks. In such a case the consignment shall remain under the continuous control of the competent authorities pending the results of the physical checks.

5. The release for free circulation of consignments shall only be allowed when, following sampling and analyses performed in accordance with Annex II, all lots of that consignment are considered compliant with Union Law.

Article 6 Reporting to the Commission

1. Member States shall prepare a report every 3 months, giving an account of all the results of all analytical tests carried out in the previous 3 months on consignments of the products referred to in Article 1.

Those reports shall be submitted to the Commission during the month following each three-month period, in April, July, October, and January.

2. The report shall include the following information:

(a) the number of consignments subjected to sampling for analysis;

(b) the results of the checks as provided for in Article 5;

(c) the number of consignments which have been rejected due to the absence of a health certificate or an analytical report.

Article 7 Splitting of a consignment

Consignments shall not be split until all official controls have been completed by the competent authorities.

In the case of subsequent splitting following official control, an authenticated copy of the health certificate and the analytical report shall accompany each part of the split consignment.

Article 8 Costs

All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the food and feed business operators.

Article 9 Transitional provisions

By way of derogation from Article 4(1), Member States shall authorise the imports of consignments of products referred to in Article 1 which left China prior to 1st of February 2012 provided that sampling and analysis has been conducted in accordance with the Article 4.

Article 10 Review of the measure

The measures provided for in this Decision shall be reviewed by the 6 months following adoption at the latest.

Article 11 Repeal

Decision 2008/289/EC is hereby repealed.

References to the repealed Decision shall be construed as references to this Decision.

Article 12 Entry into force

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Done at Brussels, 22 December 2011.

For the Commission

The President

José Manuel Barroso