HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 179/10
EN
Official Journal of the European Union
7.7.2011
COMMISSION IMPLEMENTING DECISION
of 6 July 2011
on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from
Egypt
(notified under document C(2011) 5000)
(Text with EEA relevance)
(2011/402/EU)
THE EUROPEAN COMMISSION,
in Germany and in France. In order to ascertain the
origin of the contamination, the Commission initiated a
tracing back exercise coordinated by the European Food
Having regard to the Treaty on the Functioning of the European
Safety Authority (EFSA) in consultation with the
Union,
European Centre for Disease Prevention and Control
and the World Health Organisation. On 5 July 2011,
EFSA published its final report. The report states that
the comparison of the back tracing information from
Having regard to Regulation (EC) No 178/2002 of the European
the French and German outbreaks leads to the
Parliament and of the Council of 28 January 2002 laying down
conclusion that a lot of fenugreek seeds imported from
the principles and requirements of food law, establishing the
Egypt is the most likely common link although it cannot
European Food Safety Authority and laying down procedures in
be excluded that other lots may be implicated. Given the
matters of food safety ( 1 ), and in particular Article 53(1)(b)(i)
possible severe human health impact arising from
and Article 53(1)(b)(iii) thereof,
exposure to a small quantity of contaminated material,
and, in the absence of information regarding the source
and means of contamination as well as possible cross-
Whereas:
contamination, it seems appropriate currently to consider
all lots of the identified exporter as suspect.
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
principles governing food and feed in general, and food
and feed safety in particular, at Community and national
(5) In
addition
the
present
tracing
back
exercise
supports
the
level. It provides for emergency measures where it is
hypothesis that the outbreaks are linked and are due to
evident that food or feed imported from a third
the import of fenugreek seeds which were contaminated
country is likely to constitute a serious risk to human
at the importation or prior to import into the EU. The
health, animal health or the environment, and that such
contamination of seeds with the E. coli O104:H4 strain
risk cannot be contained satisfactorily by means of
reflects a production process which allowed contami
measures taken by the Member State(s) concerned.
nation of faecal material of human and/or animal
origin. Where exactly in the food chain this took place
is still uncertain and whether this has in the meantime
been remedied is also unknown. Further microbiological
(2) On
22
May
2011
Germany
reported
an
outbreak
of
Shiga-toxin producing Escherichia coli- bacteria (STEC),
sampling shall be carried out in Member States to
serotype O104:H4 in the Northern part of Germany.
complement the evidence derived from the epidemi
Based on epidemiological investigations and laboratory
ological studies as provided for in Article 8 of
testing the source of contamination could be linked to
Directive 2003/99/EC of the European Parliament and
of the Council of 17 November 2003 on the monitoring
the consumption of sprouted seeds produced in one
of zoonoses and zoonotic agents amending Council
establishment south of Hamburg.
Decision 90/424/EEC and repealing Council Directive
92/117/EEC ( 2 ).
(3) On
15
June
2011
France
reported
an
outbreak
in
Bordeaux, France, which –according to preliminary
results– was caused by the same E. coli strain (Shiga-
(6)
On the basis of the precautionary principle it is necessary
toxin producing Escherichia coli – bacteria (STEC),
to temporary prohibit also the import of all seeds and
serotype O104:H4) as the one found in Germany. Just
beans originated from Egypt, identified in the Annex, to
as in the case of Germany, investigations indicate that
allow the time necessary for further assessment of their
consumption of sprouted seeds may have caused the
safety. It is evident that there is possible severe human
outbreak.
health impact arising from exposure to a small quantity
of contaminated material also from other seeds and
beans and that there is no precise information
(4) Further
indicators
suggest
that
the
dry
seeds
used
for
regarding the exact origin in Egypt and means of the
sprouting could be the original cause of the outbreak
contamination as well as possible cross-contamination.
( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 325, 12.12.2003, p. 31.

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EN
7.7.2011 Official
Journal
of
the
European
Union L
179/11
(7) Therefore
it
is
appropriate
to
adopt,
at
European
Union System for Food and Feed linked to the tracing back exercise are
level, certain precautionary emergency measures to
withdrawn from the market and destroyed. In accordance with
ensure that Member States adopt all necessary measures
Article 8 of Directive 2003/99/EC the concerned lots shall be
to withdraw from the EU market all lots of fenugreek
sampled.
seeds imported from Egypt during the period 2009 –
2011 mentioned in the notifications of the Rapid Alert
System for Food and Feed linked to the tracing back
Article 2
exercise, to sample them and then destroy them and to
temporarily suspend import from Egypt of all seeds and
The release for free circulation in the EU of seeds and beans
beans identified in the Annex to this Decision.
from Egypt as set out in the Annex is prohibited until

31 October 2011.
(8)
In order to allow the time necessary for the Competent
Authorities of Egypt to provide feedback and to consider
Article 3
the appropriate risk management measures the
The measures laid down in this Decision shall be regularly
temporary suspension of imports should be in force at
reassessed on the basis of the guarantees offered by Egypt,
least until 31 October 2011.
results of the analytical tests and investigations carried out by
the Member States.
(9) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
Article 4
Committee of the Food Chain and Animal Health.
This Decision is addressed to the Member States.
HAS ADOPTED THIS IMPLEMENTING DECISION:
Done at Brussels, 6 July 2011.
Article 1
For the Commission
Member States shall adopt all the necessary measures so that all
lots of fenugreek seeds imported from Egypt during the period
John DALLI
2009 – 2011, mentioned in the notifications of the Rapid Alert
Member of the Commission

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L 179/12
EN
Official Journal of the European Union
7.7.2011
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
0708 Leguminous
vegetables,
shelled
or
unshelled,
fresh
or
chilled
0713
Dried leguminous vegetables, shelled, whether or not skinned or split
ex 0709 90 90 Soya
bean
sprouts
1201 00 Soya
beans,
whether
or
not
broken
1209 10 00 Sugar
beet
seed
1209 21 00 Lucerne
(alfalfa)
seed
1209 91 Vegetable
seeds
1207 50 10 Mustard
seeds,
for
sowing
1207 50 90 Other
mustard
seeds
1207 99 97 Other
oil
seeds
and
oleaginous
fruits,
whether
or
not
broken
0910 99 10 Fenugreek
seed
ex 1214 90 90 Lucerne
(alfalfa)
sprouts

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