Commission Decision of 25 June 2007 amending Decision 2006/504/EC 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(2007) 3020) (Text with EEA relevance) (2007/459/EC)

Commission Decision

of 25 June 2007

amending Decision 2006/504/EC 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(2007) 3020)

(Text with EEA relevance)

(2007/459/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1), and in particular Article 53(1)(b)(ii) thereof,

Whereas:

(1) Commission Decision 2006/504/EC(2) establishes special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins.

(2) The application of Decision 2006/504/EC has revealed that certain amendments are necessary. The list of designated points of import through which the products covered by that Decision may be imported into the Community should be updated, particularly in the framework of the accession of Bulgaria and Romania to the European Union.

(3) For the protection of public health it is important that compound foodstuffs containing to a significant amount the foodstuffs covered by this Decision are also within the scope of this Decision. A threshold of 10 % is established. Competent authorities may control at random for the presence of aflatoxins compound foodstuffs containing less than 10 % of foodstuffs covered by this Decision. In case monitoring data indicate that compound foodstuffs containing less than 10 % of foodstuffs covered by this Decision have been found in several cases to be non-compliant with the EU legislation on maximum levels for aflatoxins, this threshold should be reviewed.

(4) Decision 2006/504/EC provides that Member State may only permit imports of certain foodstuffs where the consignment is accompanied by, inter alia, a health certificate. That requirement applies from 1 October 2006. In order to avoid differences in the implementation of that Decision, it appears necessary to clarify that the requirement regarding the health certificate relates to the consignments which left the country of origin from 1 October 2006 onwards.

(5) Moreover, the model health certificate set out in that Decision should be amended by a separation of the health certificate to be completed by the competent authorities of the country of origin of the foodstuffs covered by Commission Decision 2006/504/EC from the information to be provided by the competent authorities of the Member States. Furthermore the common document containing the information on the checks performed has to be amended to provide also for the situation where the competent authority at the point of introduction into the Community is different from the competent authority at the designated point of import, or where a physical check is not mandatory.

(6) Commission Decision 2006/504/EC should therefore be amended accordingly.

(7) 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:

(1)

OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(2)

OJ L 199, 21.7.2006, p. 21.