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23.12.2011 Official
Journal
of
the
European
Union L
343/117
COMMISSION IMPLEMENTING DECISION
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
(notified under document C(2011) 9524)
(Text with EEA relevance)
(2011/880/EU)
THE EUROPEAN COMMISSION,
free circulation in the Union of certain seeds and beans
imported from Egypt that fall within the CN codes listed
Having regard to the Treaty on the Functioning of the European
in the Annex thereto. That ban expires on 31 March
Union,
2012.
Having regard to Regulation (EC) No 178/2002 of the European
(5) However,
dried
split
leguminous
vegetables,
broken
soya
Parliament and of the Council of 28 January 2002 laying down
beans or broken oil seeds and oleaginous fruits are not
the general principles and requirements of food law, establishing
used for sprouting purposes. Dried split leguminous
the European Food Safety Authority and laying down
vegetables, broken soya beans or broken oil seeds and
procedures in matters of food safety ( 1 ), and in particular
broken oleaginous fruits imported from Egypt should no
Article 53(1)(b)(i) and (iii) thereof,
longer be considered as a food safety risk and should be
reauthorised for import into the Union.
Whereas:
(6) The
emergency
measures
laid
down
in
Implementing
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
Decision 2011/402/EU should therefore be amended
principles governing food and feed in general, and food
on the basis on this new information.
and feed safety in particular, at Union and national level.
It provides for emergency measures to be taken by the
Commission where it is evident that food or feed
(7) The
Annex
to
Implementing
Decision
2011/402/EU
should therefore be amended accordingly.
imported from a third country is likely to constitute a

serious risk to human health, animal health or the
environment, and that such risk cannot be contained
(8) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
satisfactorily by means of measures taken by the
Committee on the Food Chain and Animal Health,
Member State(s) concerned.


(2) Regulation
(EC)
No
852/2004
of
the
European HAS ADOPTED THIS DECISION:
Parliament and of the Council of 29 April 2004 on
the hygiene of foodstuffs (
Article 1

2 ) lays down general rules for
food business operators on the hygiene of foodstuffs.
The Annex to Implementing Decision 2011/402/EU is replaced
Those rules include hygiene requirements to ensure that
by the text in the Annex to this Decision.
imported foods are of at least the same hygiene standards
as food produced in the Union, or are of an equivalent
Article 2
standard.
This Decision is addressed to the Member States.
(3) Certain
lots
of
fenugreek
seeds
imported
from
Egypt
have
been identified as the causative agent of an outbreak in
the Union of Shiga-toxin producing Escherichia coli
Done at Brussels, 21 December 2011.
bacteria (STEC), serotype O104:H4. The origin of the
outbreak was identified as fenugreek seeds from Egypt
consumed as sprouts.
For the Commission
(4) Accordingly, Commission Implementing Decision
John DALLI
2011/402/EU ( 3 ) introduced a ban on the release for
Member of the Commission
( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 139, 30.4.2004, p. 1.
( 3 ) OJ L 179, 7.7.2011, p. 10.

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L 343/118
EN
Official Journal of the European Union
23.12.2011
ANNEX
‘ANNEX
Seeds and beans from Egypt whose release for free circulation in the Union is prohibited until 31 March 2012
CN Code (*) Description
ex 0704 90 90 Rocket
sprouts
ex 0706 90 90 Beetroot
sprouts,
radish
sprouts
ex 0708 Sprouts
of
leguminous
vegetables,
fresh
or
chilled
ex 0709 90 90
Soya bean sprouts
ex 0709 99 90 ( 1 )
ex 0713 Dried
leguminous
vegetables,
shelled,
whether
or
not
skinned,
not
broken
0910 99 10 Fenugreek
seeds
ex 1201 00
Soya beans not broken
ex 1201 ( 1 )
1207 50 Mustard
seeds
ex 1207 99 97
Other oil seeds and oleaginous fruits, not broken
ex 1207 99 96 ( 1 )
1209 10 00 Sugar
beet
seeds
1209 21 00 Lucerne
(alfalfa)
seeds
1209 91 Vegetable
seeds
ex 1214 90 90 Lucerne
(alfalfa)
sprouts
(*) The “CN codes” mentioned in this Decision refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
( 1 ) CN code as at 1.1.2012.’

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