Commission Decision of 11 January 2005 laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries (notified under document number C(2004) 4992) (Text with EEA relevance) (2005/34/EC) (repealed)

Article 1 Scope of the Decision

1. This Decision lays down the reference points for action for residues of substances for which MRPLs have been established in accordance with Decision 2002/657/EC when analytical tests carried out pursuant to Directive 97/78/EC on imported consignments of products of animal origin confirm the presence of such residues, and the action to be undertaken after such confirmation.

2. This Decision applies whether analytical tests are carried out routinely, under reinforced checks procedures or under a safeguard measure on consignments of products of animal origin imported from third countries.

Article 2 Reference points for action

For the purpose of control of residues of certain substances whose use is prohibited or not authorised in the Community, the minimum required performance limits (MRPLs) laid down in Annex II to Decision 2002/657/EC shall be used as reference points for action irrespective of the matrix tested.

Article 3 Action in case of confirmed presence of a prohibited or non-authorised substance

1. Where results of analytical tests are at or above the MRPLs laid down in Decision 2002/657/EC, the consignment concerned shall be considered non-compliant with Community legislation.

2. Pending the application from 1 January 2006 of Articles 19 to 22 of Regulation (EC) No 882/2004, the competent authorities of the Member States shall place under official detention non-compliant consignments from third countries, and having heard the food business operators responsible for the consignment, shall take the following measures:

(a) order that such consignments be destroyed or re-dispatched outside the Community in accordance with paragraph 3;

(b) if the consignments have already been placed on the market, recall the consignments before taking one of the measures referred to above.

3. The competent authorities shall allow re-dispatch of consignments only if:

(a) the destination has been agreed with the feed or food business operator responsible for the consignment; and

(b) the food business operator has first informed the competent authority of the third country of origin or third country of destination, if different, of the reasons and circumstances preventing the placing on the market of the consignments concerned within the Community; and

(c) when the third country of destination is not the third country of origin, the competent authority of the third country of destination has notified the competent authority of its preparedness to accept the consignments.

4. Without prejudice to the national rules of Member States concerning the review of administrative decisions, a re-dispatch shall take place no more than 60 days after the day on which the competent authority decided on the destination of the consignment, unless legal action has been undertaken. If, after the expiry of the 60-day period, re-dispatch does not take place, the consignment shall be destroyed, unless the competent authority is satisfied that a delay is justified.

5. Where the results of analytical tests on products are below the MRPLs laid down in Decision 2002/657/EC, the products will not be prohibited from entering the food chain. The competent authority shall retain a record of the findings in case of recurrence. Where the results of analytical tests on products from the same origin show a recurrent pattern indicating a potential problem related to one or several prohibited or unauthorised substances, including for instance the recording of four or more confirmed results below the reference points for action for the same substance in imports from a particular origin within a period of six months, the competent authority shall inform the Commission and the other Member States in the Standing Committee on the Food Chain and Animal Health. The Commission shall bring the matter to the attention of the competent authority of the country or countries of origin and shall make appropriate proposals.

6. The feed or food business operator responsible for the consignment or its representative shall be liable for the costs incurred by competent authorities for the activities referred to in paragraph 1 to 4 of this Article.

Article 4

This Decision shall apply from 19 February 2005.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 11 January 2005.

For the Commission

Markos Kyprianou

Member of the Commission