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2015 | OriginalPaper | Buchkapitel

3. Managing Risks in Imports of Non-animal Origin: EU Emergency Measures

verfasst von : Veronika Jezsó

Erschienen in: Risk Regulation in Non-Animal Food Imports

Verlag: Springer International Publishing

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Abstract

This chapter describes the current set of emergency measures, also known as ‘safeguard measures’, on which the European Union (EU) relies upon for addressing high risks in imports of feed and food of non-animal origin. Overall, EU emergency measures involve the applicability of specific import conditions and control activities of certain products of non-animal origin from certain non-EU countries that are destined to the internal market. Following a brief introduction of emergency measures and the legal framework in the EU, this chapter provides a detailed overview of the measures currently in force in the area of imports of non-animal origin. The discussion concerns long-standing measures, such as those addressing aflatoxin contamination in imports of dried fruits, and more recent ones, such as the temporary ban that the EU has introduced on betel leaves from Bangladesh. Other relevant measures are also discussed in this chapter with relation to the area of imports of non-animal origin, including measures following the Fukushima nuclear accident or imports of GMO rice products from China.

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Vorheriges Kapitel Managing Risks in Imports of Non-animal Origin: The EU System of Reinforced Border Surveillance

Nächstes Kapitel Conclusion

When declared to customs in the EU, goods must generally be classified according to the combined nomenclature or CN. Imported and exported goods have to be declared stating under which subheading of the nomenclature they fall. This determines which rate of customs duty applies and how the goods are treated for statistical purposes. Useful information may be available at the following web address: http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/combined_nomenclature/index_en.htm.

In detail, emergency measures and subsequent amendments can be chronologically summarised as follows:

With reference to the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt, Commission Decision 2000/49/EC has been lastly amended by the Decision 2004/429/EC, corrected by in the Official Journal L189, p. 13
With concern to the import of peanuts and certain products derived from peanuts originating in or consigned from China, Commission Decision 2002/79/EC has been amended by the Decision 2004/429/EC
With relation to the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey, Commission Decision 2002/80/EC has been amended by the Decision 2004/429/EC
With relation to the import of Brazil nuts in shell originating in or consigned from Brazil, Commission Decision 2003/493/EC has been amended by the Decision 2004/428/EC
With concern to import of pistachios and certain products derived from pistachios originating in or consigned from Iran, Commission Decision 2005/85/EC applied.

The current version of ‘Guidance document for Competent Authorities for the control of compliance with EU legislation on aflatoxins’ (last edition, November 2010) can be found at the website: http://ec.europa.eu/food/food/chemicalsafety/contaminants/guidance-2010.pdf.

The FVO performed an audit in Egypt from 21 to 25 August 2011. Overall, the final DG (SANCO) 2011-6265 document has concluded that the presence of polluted waters, human populations and cattle in the proximity of the areas where the concerned products came from all posed a potential risk of contamination. The actual source of the contamination, however, could not be identified.

In the follow-up of the outbreak, the Commission has also launched a media campaign in all EU Member States, reaching out an estimated number of 37 million people across the EU. 227 million euros were also earmarked as a market intervention to support those sectors within the EU that were most hit financially by the outbreak.

With concern to seeds intended for the production of sprouts, the certification can be replaced by a microbiological test performed before export to the EU. This derogation is applicable only until 1 July 2015.

DG SANCO (2007) Final report of a mission carried out in India from 05 to 11 October 2007 to gather information on the source of contamination of guar gum with pentachlorophenol and dioxins and to assess the control measures put in place by the Indian authorities to avoid a reoccurrence of this contamination. DG (SANCO) 2007-7619—MR final. Commission of the European Communities, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=6406. Accessed 28 Aug 2014

DG SANCO (2008) Final Report of a mission carried out in China from 27 November to 03 December 2008 in order to evaluate official control systems for Commission Decision 2008/289/EC on emergency measures regarding the unauthorised GMO “Bt 63” in rice products. DG (SANCO)/2008-7834 Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=7450. Accessed 28 Aug 2014

DG SANCO (2009) Final report of a mission carried out in India from 01 to 12 October 2009 in order to assess the control measures put in place by the Indian authorities to prevent contamination of guar gum with pentachlorophenol (PCP) and dioxins and to follow-up the recommendations of mission DG SANCO 2007-7619. DG (SANCO) 2009-8329—MR Final European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=8022. Accessed 28 Aug 2014

DG SANCO (2010) Overview report (FVO) on the outcome of a mission series carried out in Third Countries on contaminants (mycotoxins, PCP, dioxins and 3-mcpd) from May 2001 to March 2010, OR No. 2010-8965. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/specialreports/2010_8965_or_contaminants.pdf. Accessed 28 Aug 2014

DG SANCO (2011a) Final report of an audit carried out from 30 November to 08 December 2011 in India in order to evaluate controls of pesticides in food of plant origin intended for export to the European Union. DG (SANCO) 2011-6037—MR Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=9611. Accessed 28 Aug 2014

DG SANCO (2011b) Final report of an audit carried out from 18 to 24 October 2011 in India in order to assess the controls on guar gum for export to the European Union. DG (SANCO) 2011-6060—MR Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=9445. Accessed 28 Aug 2014

DG SANCO (2011c) Final report of an audit carried out in China from 29 March to 08 April 2011 in order to evaluate the control systems for genetically modified organisms (GMOs) in respect of seed, food and feed intended for export to the EU. DG (SANCO)/2011-6208 Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=9269. Accessed 28 Aug 2014

DG SANCO (2011d) Final report of an audit carried out in Brazil from 02 to 12 May 2011 with reference to the evaluation of controls of aflatoxin contamination in peanuts intended for export into the EU. DG (SANCO) 2011-6034—MR Final report is available at: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=9149

DG SANCO (2011e) Final report of an audit carried out in China from 20 to 29 September 2011 with reference to the assessment of the controls of Aflatoxin contamination for export to the European Union. The DG (SANCO) 2011-6038MR Final report is available at this web address—MR Final report is available at this web address: http://ec.europa.eu/food/fvo/rep_details_en.cfm?rep_id=2818

DG SANCO (2012) Final report of an audit carried out in Turkey from 09 to 16 October 2012 with relation to the assessment of the control system of aflatoxin contamination in hazelnuts and dried figs. DG (SANCO) 2012-6292—MR Final report is available at: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=10210

DG SANCO (2013a) Final report of an audit carried out from 21 October to 01 November 2013 in India in order to assess the controls of aflatoxin contamination in peanuts intended for export into the European Union and follow up mission. DG (SANCO) 2013-6683—MR Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/act_getPDF.cfm?PDF_ID=10969. Accessed 28 Aug 2014

DG SANCO (2013b) Final report of an audit carried out in Bangladesh from 30 January to 07 February 2013 in order to evaluate the system of official controls for export of plants to the European Union, DG (SANCO) 2013-6815—MR Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/rep_details_en.cfm?rep_id=3082. Accessed 10 Dec 2014

DG SANCO (2013c) Final report of an audit carried out in China from 14 to 18 October 2013 with relation to the assessment of the control of microbiological contamination in seeds for human consumption, DG (SANCO) 2013-6680—MR Final. European Commission, Brussels. Available: http://ec.europa.eu/food/fvo/rep_details_en.cfm?rep_id=3241

EFSA (2011) EFSA assesses the public health risk of seeds and sprouted seeds. Available: http://www.efsa.europa.eu/en/press/news/111115.htm. Accessed 28 Aug 2014

European Commission (2000) Commission Decision 2000/49/EC of 6 December 1999 repealing Decision 1999/356/EC and imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt. Off J Eur Union L19:46–50

European Commission (2001) Commission Regulation (EC) No. 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs. Off J Eur Union L77:1–13

European Commission (2002a) Commission Decision 2002/79/EC of 4 February 2002 imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China. Off J Eur Union L34:21–25

European Commission (2002b) Commission Decision 2002/80/EC of 4 February 2002 imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey. Off J Eur Union L34:26–30

European Commission (2003) Commission Decision 2003/493/EC of 4 July 2003 imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil. Off J Eur Union L168:33–38

European Commission (2004a) Commission Decision 2004/429/EC amending Decisions 97/830/EC, 2000/49/EC, 2002/79/EC and 2002/80/EC as regards the points of entry through which the products concerned may only be imported into the community. Off J Eur Union L154:20–35

European Commission (2004b) Commission Decision 2004/428/EC of 29 April 2004 amending Decision 2003/493/EC as regards the points of entry through which Brazil nuts in shell originating in or consigned from Brazil may only be imported into the Community. Off J Eur Union L154:14–19

European Commission (2004c) Commission Regulation (EC) No. 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community Border Inspection Posts on products imported from third countries. Off J Eur Union L21:11

European Commission (2005) Commission Decision 2005/85/EC of 26 January 2005 imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran. Off J Eur Union L30:12–18

European Commission (2006a) Commission Decision 2006/504/EC of 12 July 2006 on special conditions governing certain foodstuffs imported from certain third countries due to contamination risks of these products by aflatoxins. Off J Eur Union L199:21–32

European Commission (2006b) Commission Regulation (EC) No. 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs. Off J Eur Union L364:5–24

European Commission (2006c) Commission Regulation (EC) No. 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs. Off J Eur Union L70:12–34

European Commission (2008a) Commission Decision 2008/352/EC of 29 April 2008 imposing special conditions governing guar gum originating in or consigned from India due to contamination risks of those products by pentachlorophenol and dioxins. Off J Eur Union L117:42–44

European Commission (2008b) Commission Decision 2008/798/EC of 14 October 2008 imposing special conditions governing the import of products containing milk or milk products originating in or consigned from China, and repealing Commission Decision 2008/757/EC. Off J Eur Union L273:18–20

European Commission (2009a) Commission Regulation (EC) No. 669/2009 of 24 July 2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC. Off J L194:11–21

European Commission (2009b) Commission Regulation (EC) No. 1152/2009 of 27 November 2009 imposing special conditions governing the import of certain foodstuffs from certain third countries due to contamination risk by aflatoxins and repealing Decision 2006/504/EC. Off J Eur Union L313:40–49

European Commission (2009c) Commission Regulation (EC) No. 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed. Off J Eur Union L54:1–130

European Commission (2009d) Commission Regulation (EC) No. 1135/2009 of 25 November 2009 imposing special conditions governing the import of certain products originating in or consigned from China, and repealing Commission Decision 2008/798/EC. Off J Eur Union L311:3–5

European Commission (2010) Commission Regulation (EC) No. 258/2010 of 25 March 2010 imposing special conditions on the imports of guar gum originating in or consigned from India due to contamination risks by pentachlorophenol and dioxins, and repealing Decision 2008/352/EC. Off J Eur Union L80:28–31

European Commission (2011a) Commission Implementing Decision 2011/402/EU of 6 July 2011 on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt. Off J Eur Union L179:10–12

European Commission (2011b) Commission Implementing Regulation (EU) No. 297/2011 of 25 March 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station. Off J Eur Union L80:5–8

European Commission (2011c) Commission Implementing Regulation (EU) No. 961/2011 of 27 September 2011 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Regulation (EU) No. 297/2011. Off J Eur Union L252:10–15

European Commission (2011d) Commission Implementing Decision 2008/289/EC of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC. Off J Eur Union L343:140–148

European Commission (2011e) Commission Decision 2011/884/EU of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC. Off J Eur Union L343:140–148

European Commission (2011f) Commission Implementing Decision 2011/880/EU of 21 December 2011 amending Annex I to Implementing Decision 2011/402/EU on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt. Off J Eur Union L343:117–118

European Commission (2011g) Lessons learned from the 2011 outbreak of Shiga toxin-producing Escherichia coli (STEC) O104:H4 in sprouted seeds. Commission Staff working document SANCO 13004/2011. Commission of the European Communities, Brussels. Available: http://ec.europa.eu/food/food/biosafety/salmonella/docs/cswd_lessons_learned_en.pdf. Accessed 28 Aug 2014

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European Commission (2012b) Commission Implementing Regulation (EU) No. 284/2012 of 29 March 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No. 961/2011. Off J Eur Union L92:16–23

European Commission (2012c) Commission Implementing Regulation (EU) No. 996/2012 of 26 October 2012 imposing special conditions governing the import of feed and food originating in or consigned from Japan following the accident at the Fukushima nuclear power station and repealing Implementing Regulation (EU) No. 284/2012. Off J Eur Union L299:31–41

European Commission (2013a) Commission Implementing Regulation (EU) No. 91/2013 of 31 January 2013 laying down specific conditions applicable to the import of groundnuts from Ghana and India, okra and curry leaves from India and watermelon seeds from Nigeria and amending Regulations (EC) 669/2009 and (EC) 1152/2009. Off J Eur Union L33:2–10

European Commission (2013b) Commission Implementing Regulation (EU) No. 208/2013 of 11 March 2013 on traceability requirements for sprouts and seeds intended for the production of sprouts. Off J Eur Union L68:16–18

European Commission (2013c) Commission Regulation (EU) No. 209/2013 of 11 March 2013 amending Regulation (EC) No. 2073/2005 as regards microbiological criteria for sprouts and the sampling rules for poultry carcases and fresh poultry meat. Off J Eur Union L68:19–23

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European Commission (2013e) Commission Regulation (EU) No. 211/2013 of 11 March 2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts. Off J Eur Union L68:26–29

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Titel: Managing Risks in Imports of Non-animal Origin: EU Emergency Measures
verfasst von: Veronika Jezsó
Verlag: Springer International Publishing
Buch: Risk Regulation in Non-Animal Food Imports
Print ISBN: 978-3-319-14013-1

Electronic ISBN: 978-3-319-14014-8

Copyright-Jahr: 2015
DOI: https://doi.org/10.1007/978-3-319-14014-8_3