THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(1), and in particular Article 22(6) thereof,
Whereas:
(1) Commission Decision 2002/994/EC of 20 December 2002 concerning certain protective measures with regard to the products of animal origin imported from China(2) applies to all products of animal origin imported from China and intended for human consumption or for animal feed.
(2) Under Article 3 of that Decision the Member States are to authorise imports of products listed in Part II of the Annex to that Decision which are accompanied by a declaration of the Chinese competent authority stating that each consignment has been subjected before dispatch to a chemical test in order to ensure that the products concerned do not present a danger to human health. That test must be carried out, in particular, with a view to detecting the presence of chloramphenicol and nitrofuran and its metobolites.
(3) However, in aquaculture fishery products imported from China residues of malachite green and crystal violet have now also been detected. Article 3 of Decision 2002/994/EC should therefore be amended to include the testing of aquaculture fishery products for those substances.
(4) It is appropriate to provide for a transitional period to authorise the import of consignments of aquaculture fishery products that are not accompanied by the results of tests for residues of malachite green and crystal violet, provided that the Member States ensure that those consignments undergo appropriate tests on arrival in the Community.
(5) Decision 2002/994/EC should therefore be amended accordingly.
(6) 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:
OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).
OJ L 348, 21.12.2002, p. 154. Decision as last amended by Decision 2005/573/EC (OJ L 193, 23.7.2005, p. 41).