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8.11.2012 Official
Journal
of
the
European
Union L
308/21
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 6 November 2012
amending Decision 2010/381/EU on emergency measures applicable to consignments of aquaculture
products imported from India and intended for human consumption and repealing Decision
2010/220/EU on emergency measures applicable to consignments of farmed fishery products
imported from Indonesia and intended for human consumption
(notified under document C(2012) 7637)
(Text with EEA relevance)
(2012/690/EU)
THE EUROPEAN COMMISSION,
the presence of pharmacologically active substances as
defined in Article 2(a) of Regulation (EC) No 470/2009
of the European Parliament and of the Council (
Having regard to the Treaty on the Functioning of the European

4 ), and in
particular of chloramphenicol, tetracycline, oxytetra
Union,
cycline and chlortetracycline and of metabolites of nitro
furans.
Having regard to Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 laying down
(4) The
results
of
an
inspection
to
India
carried
out
in
the general principles and requirements of food law, establishing
November 2011 by the Commission inspection service,
the European Food Safety Authority and laying down
the Food and Veterinary Office, have confirmed that an
procedures in matters of food safety ( 1 ), and in particular
adequate official control system covering aquaculture
Article 53(1)(b)(ii) thereof,
production is now in place and that the recommendation
from the 2009 inspection report concerning official
Whereas:
monitoring of aquaculture farms has been partly
addressed.
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
principles governing food and feed in general, and food
(5) Since
the
adoption
of
Decision
2010/381/EU,
the
and feed safety in particular, at Union and national level.
number of samples of aquaculture products in which
It provides for emergency measures where it is evident
chloramphenicol, tetracycline, oxytetracycline and chlor
that food or feed imported from a third country is likely
tetracycline or metabolites of nitrofurans were detected
to constitute a serious risk to human health, animal
in the Member States has decreased. Therefore, it is
health or the environment, and that such risk cannot
appropriate to reduce the minimum percentage of
be contained satisfactorily by means of measures taken
consignments that are to be tested for the presence of
by the Member States.
pharmacologically active substances.


(6) The
obligation
for
a
mandatory
testing
should
however
(2) Council
Directive
96/23/EC
of
29
April
1996
on
be maintained to continue to provide more accurate
measures to monitor certain substances and residues
information on the possible contamination of aqua
thereof in live animals and animal products ( 2 ) provides
culture products originating from India with those
that the production process of animals and primary
residues. The testing should also continue in order to
products of animal origin is to be monitored for the
deter producers in India from misusing those substances.
purpose of detecting the presence of certain residues

and substances in live animals, their excrements and
body fluids and in tissue, animal products, animal feed
(7) Decision
2010/381/EU
should
therefore
be
amended
and drinking water.
accordingly.
(3) Commission
Decision
2010/381/EU
of
8
July
2010
on (8) Commission
Decision
2010/220/EU
of
16
April
2010
emergency measures applicable to consignments of aqua
on emergency measures applicable to consignments of
culture products imported from India and intended for
farmed fishery products imported from Indonesia and
human consumption ( 3 ) provides that at least 20 % of the
intended for human consumption ( 5 ) provides that at
consignments of aquaculture products from India
least 20 % of the consignments of farmed fishery
intended for human consumption are to be tested for
products from Indonesia intended for human
consumption are to be tested for the presence of
( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 125, 23.5.1996, p. 10.
( 4 ) OJ L 152, 16.6.2009, p. 11.
( 3 ) OJ L 174, 9.7.2010, p. 51.
( 5 ) OJ L 97, 17.4.2010, p. 17.

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L 308/22
EN
Official Journal of the European Union
8.11.2012
residues of pharmacologically active substances defined
HAS ADOPTED THIS DECISION:
in Article 2(a) of Regulation (EC) No 470/2009 and in
particular of chloramphenicol, metabolites of nitrofurans
Article 1
and tetracyclines.
In Article 3 of Decision 2010/381/EU, paragraph 1 is replaced
by the following:
(9) Since
the
adoption
of
Decision
2010/220/EU,
no
‘1. Member
States
shall,
by
using
appropriate
sampling
residues of chloramphenicol, metabolites of nitrofurans
plans, ensure that official samples are taken from at least
or tetracyclines were detected in the consignments of
10 % of consignments presented for import at border
farmed fishery products imported from Indonesia.
inspection posts on their territory.’.
Article 2
(10) The
results
of
an
inspection
to
Indonesia
carried
out
in
February 2012 by Commission inspection service, the
Decision 2010/220/EU is repealed.
Food and Veterinary Office, have concluded that the
residue control system in Indonesia provided satisfactory
Article 3
guarantees with an effect equivalent to those provided for
in Union law.
This Decision is addressed to the Member States.

(11) Decision
2010/220/EU
should
therefore
be
repealed.
Done at Brussels, 6 November 2012.
For the Commission
(12) The
measures provided for in this Decision are in
accordance with the opinion of the Standing
Maro EFOVI
Committee on the Food Chain and Animal Health,
Vice-President

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Document Outline

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