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1.11.2011 Official
Journal
of
the
European
Union L
285/53
COMMISSION IMPLEMENTING DECISION
of 28 October 2011
amending 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) 7744)
(Text with EEA relevance)
(2011/718/EU)
THE EUROPEAN COMMISSION,
(4)
From 21 to 25 August 2011 the Commission’s Food and
Veterinary Office conducted an audit in Egypt in order to
trace back the possible source of infection of the recent
E. coli outbreaks (O104:H4 serotype) in the northern part
Having regard to the Treaty on the Functioning of the European
of Germany and Bordeaux, France, and to evaluate the
Union,
production and processing conditions of the suspect
seeds in that third country.
Having regard to Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 laying down
(5) The
findings
of
the
audit
and
the
actions
being
taken
by
the general principles and requirements of food law, establishing
Egypt concerning the shortcomings in the production of
the European Food Safety Authority and laying down
seeds for human consumption that may potentially be
procedures in matters of food safety ( 1 ), and in particular
sprouted have been evaluated. That evaluation shows that
Article 53(1)(b)(i) and (iii) thereof,
the measures introduced by the Egyptian authorities are
not sufficient to tackle the identified risks.
Whereas:
(6) According
to
Article
10
of
Regulation
(EC)
No
852/2004, the hygiene of imported food should
comply, among others, with the requirements laid
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
down in Annex I of that Regulation. However, the
principles governing food and feed in general, and food
actions indicated by the Egyptian authorities do not
and feed safety in particular, at Union and national level.
provide sufficient guarantees on an active commitment
It provides for emergency measures where it is evident
to carry out production in line with Annex I to Regu
that food or feed imported from a third country is likely
lation (EC) No 852/2004. The European Food Safety
to constitute a serious risk to human health, animal
Authority (EFSA) will adopt by the end of October
health or the environment, and that such risk cannot
2011, a scientific opinion on the risk posed by Shiga-
be contained satisfactorily by means of measures taken
toxin producing Escherichia coli (STEC) and other
by the Member State(s) concerned.
pathogenic bacteria in seeds and sprouts, shoots and
cress derived from seeds.
(2) Regulation
(EC)
No
852/2004
of
the
European
Parliament and of the Council of 29 April 2004 on
(7) Pending
the
possible
introduction
of
additional
control
the hygiene of foodstuffs ( 2 ) lays down general rules on
measures based on the EFSA opinion and in order to
the hygiene of food stuffs. Those rules include hygiene
allow the time necessary for the competent authorities
requirements for the production of seeds and beans for
in Egypt to provide further feedback to the Commission
direct human consumption to be followed by food
and to provide effective guarantees on additional risk
business operators.
management measures, the temporary ban on the
release for free circulation in the Union of seeds and
beans from Egypt laid down in Implementing Decision
2011/402/EU should be prolonged until 31 March 2012.
(3) Certain
lots
of
fenugreek
seeds
imported
from
Egypt
have
been identified to be the causative agent of an outbreak
in the Union of Shiga-toxin producing Escherichia coli
bacteria (STEC), serotype O104:H4. Accordingly,
(8) In
order
to
ensure
the
effectiveness
of
this
decision
to
Commission Implementing Decision 2011/402/EU (
avoid import of any goods listed in the Annex, this

3 )
introduced a ban on the release for free circulation in
Decision shall apply as from 1 November 2011
the Union of seeds and beans from Egypt that fall within
because Implementing Decision 2011/402/EU provided
the CN codes listed in the Annex thereto. The ban
that the release of seeds from Egypt as set out in the
expires on 31 October 2011.
Annex was prohibited until 31 October 2011.


( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 139, 30.4.2004, p. 1.
(9) Implementing
Decision
2011/402/EU
should
therefore
( 3 ) OJ L 179, 7.7.2011, p. 10.
be amended accordingly.

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L 285/54
EN
Official Journal of the European Union
1.11.2011
(10) The
measures provided for in this Decision are in
(2) the Annex is replaced by the text set out in the Annex to
accordance with the opinion of the Standing
this Decision.
Committee on the Food Chain and Animal Health,
Article 2
HAS ADOPTED THIS DECISION:
This Decision shall apply from 1 November 2011.
Article 1
Article 3
Implementing Decision No 2011/402/EU is amended as
This Decision is addressed to the Member States.
follows:
(1) Article 2 is replaced by the following:
Done at Brussels, 28 October 2011.
‘Article 2
For the Commission
The release for free circulation in the Union of seeds and
beans from Egypt as set out in the Annex shall be
John DALLI
prohibited until 31 March 2012.’;
Member of the Commission

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EN
1.11.2011 Official
Journal
of
the
European
Union L
285/55
ANNEX
‘ANNEX
Seeds and beans from Egypt whose release for free circulation in the Union is prohibited until 31 March 2012:
CN Code ( 1 ) 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
0713
Dried leguminous vegetables, shelled, whether or not skinned or split
0910 99 10 Fenugreek
seed
1201 00 Soya
beans,
whether
or
not
broken
1207 50 Mustard
seeds
1207 99 97 Other
oil
seeds
and
oleaginous
fruits,
whether
or
not
broken
1209 10 00 Sugar
beet
seed
1209 21 00 Lucerne
(alfalfa)
seed
1209 91 Vegetable
seeds
ex 1214 90 90 Lucerne
(alfalfa)
sprouts
( 1 ) The ‘CN codes’ mentioned in this Commission Implementing Decision refers 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).’

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