HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 263/20
EN
Official Journal of the European Union
7.10.2011
COMMISSION IMPLEMENTING DECISION
of 6 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) 7027)
(Text with EEA relevance)
(2011/662/EU)
THE EUROPEAN COMMISSION,
northern part of Germany and Bordeaux, France, and to
evaluate the production and processing conditions of the
suspect seeds.
Having regard to the Treaty on the Functioning of the European
Union,
(4)
While the findings of the audit and the actions being
taken by Egypt are still under review, shortcomings
were identified in the production of seeds for human
Having regard to Regulation (EC) No 178/2002 of the European
consumption that may potentially be sprouted. The
Parliament and of the Council of 28 January 2002 laying down
same shortcomings were however not present in the
the general principles and requirements of food law, establishing
production sites of fresh leguminous vegetables for
the European Food Safety Authority and laying down
direct human consumption. In addition, since fresh or
procedures in matters of food safety (
chilled leguminous vegetables are traded when seeds are

1 ), and in particular
Article 53(1)(b)(i) and Article 53(1)(b)(iii) thereof,
not ripe yet, such seeds cannot be used for sprouting.
Whereas:
(5) Fresh
or
chilled
leguminous
vegetables
other
than
sprouts, imported from Egypt should no longer be
considered as a food safety risk and be re-authorised
for import. The emergency measures in Implementing
Decision 2011/402/EU should therefore be reviewed
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
based on this new information. The Annex to Imple
principles governing food and feed in general, and food
menting Decision 2011/402/EU should be amended
and feed safety in particular, at Union and national level.
accordingly.
It provides for emergency measures where it is evident
that food or feed 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 satisfactorily by means of measures taken
(6) Implementing
Decision 2011/402/EU differentiates
between mustard seeds for sowing and other mustard
by the Member State(s) concerned.
seeds under CN code 1207 50. Since these seeds
represent all seeds under code CN 1207 50, the
wording in Implementing Decision 2011/402/EU
should be simplified. As well the sequence of the CN
(2) Certain
lots
of
fenugreek
seeds
from
Egypt
have
been
codes should be brought in line with the custom code
identified to be the causative agent of an outbreak in
nomenclature.
the EU, of Shiga-toxin producing Escherichia coli
bacteria (STEC), serotype O104:H4. Commission Imple
menting Decision 2011/402/EU of 6 July 2011 on
emergency measures applicable to fenugreek seeds and
(7) The
measures
provided
for
in
this
Decision
are
in
certain seeds and beans imported from Egypt
( 2 )
accordance with the opinion of the Standing
introduced a ban on imports of products of specific
Committee of the Food Chain and Animal Health,
tax codes listed in the Annex.
HAS ADOPTED THIS DECISION:
(3)
From 21 August 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
Article 1
( 1 ) OJ L 31, 1.2.2002, p. 1.
The Annex to Implementing Decision 2011/402/EU shall be
( 2 ) OJ L 179, 7.7.2011, p. 10.
replaced with the Annex to this Decision.

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EN
7.10.2011 Official
Journal
of
the
European
Union L
263/21
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 6 October 2011.
For the Commission
John DALLI
Member of the Commission
ANNEX
‘ANNEX
Seeds and beans for which import from Egypt is prohibited until 31 October 2011
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
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’

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