Commission Decision of 26 September 2008 imposing special conditions governing the import of products containing milk or milk products originating in or consigned from China (notified under document number C(2008) 5599) (Text with EEA relevance) (2008/757/EC) (repealed)

Article 1

1. Member States shall prohibit the import into the Community of composite products containing milk or milk products, intended for the particular nutritional use of infants and young children within the meaning of Council Directive 89/398/EEC on foods for particular nutritional uses, originating or consigned from China.

2. Member States shall carry out documentary, identity and physical checks, including laboratory analysis, on all consignments originating in or consigned from China of composite products containing more than 15 % of milk products, and on all consignments of such composite products whose amount of milk product content cannot be established. Such checks shall in particular aim at ascertaining that the level of melamine, if any, does not exceed 2,5 mg/kg product. Consignments shall be detained pending the availability of the results of the laboratory analysis.

3. Member States shall report any unfavourable result of the laboratory analysis referred to in paragraph 2 through the Rapid Alert System for Food and Feed. They shall report to the Commission on favourable results on a two-week basis.

4. Member States shall take the necessary measures to ensure that products referred to in paragraph 2 which are already placed on the market are subject to an appropriate level of controls aimed at ascertaining the level of melamine.

5. Any product found to contain melamine in excess of 2,5 mg/kg product, following controls performed in accordance with paragraphs 2 and 4, shall be destroyed without delay.

6. Member States shall ensure that the costs incurred in the implementation of paragraph 2 are borne by the operators responsible for the import, and that the cost of official measures taken as regards products found to be in excess of 2,5 mg/kg product are borne by the food business operator responsible for that product.