Commission Decision of 1 August 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 as regards almonds and derived products originating in or consigned from the United States of America (notified under document number C(2007) 3613) (Text with EEA relevance) (2007/563/EC)

Article 1 U.K.

Decision 2006/504/EC is amended as follows:

1.

in Article 1:

(a)

the first paragraph is replaced by the following:

‘This Decision shall apply to the foodstuffs referred to in points (a) to (g) and to processed and compound foodstuffs derived from or containing a significant amount of the foodstuffs referred to in points (b) to (g). However, it shall not apply to consignments of foodstuffs with a gross weight not exceeding 5 kg.’;

(b)

in the second paragraph:

• the first sentence is replaced by the following:

  ‘Foodstuffs shall be considered as containing a significant amount of the foodstuffs referred to in points (b) to (g), where they are present therein in a quantity of at least 10 %:’;

• the following points (f) and (g) are added:

  ‘(f)

  The following foodstuffs originating in or consigned from the United States of America, which are covered by the Voluntary Aflatoxin Sampling Plan set up by the Almond Board of California in May 2006 (the Voluntary Aflatoxin Sampling Plan):

  (i)

  almonds in shell or shelled falling within CN code 0802 11 or 0802 12;

  (ii)

  roasted almonds 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);

  (iii)

  mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds;

  (g)

  The following foodstuffs imported from the United States of America, which are not covered by the Voluntary Aflatoxin Sampling Plan:

  (i)

  almonds in shell or shelled falling within CN code 0802 11 or 0802 12;

  (ii)

  roasted almonds 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);

  (iii)

  mixtures of nuts or dried fruits falling within CN code 0813 50 and containing almonds.’;

2.

in Article 3:

(a)

in the first paragraph, the following point (f) is added:

‘(f)

the United States Department of Agriculture (USDA) for foodstuffs from the United States of America.’;

(b)

the following paragraph 8 is added:

‘8. By way of derogation from paragraphs 1 to 6, consignments of foodstuffs referred to in point (g) of the second paragraph of Article 1 may be imported into the Community without being accompanied by the results of sampling and analysis and a health certificate.’;

3.

in Article 5, paragraph 2, the following points (f) and (g) are added:

‘(f)

approximately 5 % of the consignments of foodstuffs from the United States of America, referred to in point (f) of the second paragraph of Article 1;

(g)

each consignment of foodstuffs from the United States of America, referred to in point (g) of the second paragraph of Article 1.’;

4.

the following Article 7a is inserted:

‘Article 7a Additional conditions as regards imports of foodstuffs from the United States of America

1. As regards imports from the United States of America, the analysis provided for in Article 3(1) must be performed by an USDA approved laboratory for aflatoxin analysis or a laboratory undergoing the USDA approval process, which has been accredited in accordance with EN ISO/IEC 17025.

However, where the laboratory has not yet been so accredited, it must:

(a) have initiated and be pursuing the necessary accreditation procedures; and

(b) provide sufficient guarantees that quality control schemes for the aflatoxin analyses it conducts are in place.

2. The health certificate provided for in Article 3(1) accompanying consignments of foodstuffs referred to in point (f) of the second paragraph of Article 1 shall make a reference to the Voluntary Aflatoxin Sampling Plan.’;

5.

Article 8 is replaced by the following:

‘Article 8 Costs related to imports of foodstuffs from Brazil, Iran and the United States of America

1. All costs resulting from sampling, analysis, storage and issuing of accompanying official documents and of copies of the health certificate and accompanying documents pursuant to Articles 3(1) and 5(3) for foodstuffs from Brazil, Iran and the United States of America as referred to in points (a), (d) and (g) of the second paragraph of Article 1 and to processed and compound foodstuffs derived from or containing the foodstuffs referred to in those points shall be borne by the food business operator responsible for the consignment or its representative.

2. All costs related to official measures taken by the competent authorities as regards non-compliance of consignments of foodstuffs referred to in points (a) to (g) of the second paragraph 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.’