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Official Journal of the European Union
27.11.2012
COMMISSION IMPLEMENTING DECISION
of 23 November 2012
amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain
bivalve molluscs intended for human consumption, as regards its period of application
(notified under document C(2012) 8459)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
system and monitoring plan are in place and
improvements have been noted since the former
inspection visit in 2009.
Having regard to the Treaty on the Functioning of the European
Union,
(4) The
Peruvian
competent
authority
presented
an
action
plan in response to the recommendations included in
Having regard to Regulation (EC) No 178/2002 of the European
the final report of the abovementioned audit. However,
Parliament and of the Council of 28 January 2002 laying down
the monitoring system for virus detection in live bivalve
the general principles and requirements of food law, establishing
molluscs is not fully implemented yet, hence the possible
the European Food Safety Authority and laying down
contamination of live bivalve mollusc with Hepatitis A
procedures in matters of food safety ( 1 ), and in particular
virus could not be excluded. In addition, the testing
Article 53(1)(b)(i) thereof,
method for HAV is still under validation.
Whereas:
(5)
The limit of application of Decision 2008/866/EC should
therefore be amended accordingly.
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
principles governing food and feed in general, and food
(6) The
measures
provided
for
in
this
Decision
are
in
and feed safety in particular, at Union and national level.
accordance with the opinion of the Standing
It provides for emergency measures where there is
Committee on the Food Chain and Animal Health,
evidence that food or feed imported from a third
country is likely to constitute a serious risk to human
HAS ADOPTED THIS DECISION:
health, animal health or the environment, and that such
risk cannot be contained satisfactorily by means of
measures taken by the Member State(s) concerned.
Article 1
In Article 5 of Decision 2008/866/EC, the date ‘30 November
(2) Commission
Decision
2008/866/EC
of
12
November 2012’ is replaced by the date ‘30 November 2013’.
2008 on emergency measures suspending imports from
Peru of certain bivalve molluscs intended for human
Article 2
consumption ( 2 ) was adopted following an outbreak of
hepatitis A in humans related to the consumption of
This Decision is addressed to the Member States.
bivalve molluscs imported from Peru contaminated
with hepatitis A virus (HAV). That Decision initially
applied until 31 March 2009 but this period of appli
Done at Brussels, 23 November 2012.
cation was extended until 30 November 2012 by
Commission Implementing Decision 2011/723/EU ( 3 ).
For the Commission
(3) A
Commission
audit
was
carried
out
in
June
2011.
The
Maro EFOVI
inspectors concluded that a well implemented control
Vice-President
( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 307, 18.11.2008, p. 9.
( 3 ) OJ L 288, 5.11.2011, p. 26.

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Document Outline

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