HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 288/26
EN
Official Journal of the European Union
5.11.2011
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 3 November 2011
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(2011) 7767)
(Text with EEA relevance)
(2011/723/EU)
THE EUROPEAN COMMISSION,
(3) A
Commission
audit
carried
out
in
September
2009
verified that the Peruvian authorities were putting in
place the corrective measures contained in the
information they provided after the outbreak of
Having regard to the Treaty on the Functioning of the European
hepatitis A. However these measures were not completely
Union,
implemented at the time of the inspection.
(4) A
follow-up
Commission
audit
has
taken
place
in
June
Having regard to Regulation (EC) No 178/2002 of the European
2011.
Parliament and of the Council of 28 January 2002 laying down
the general principles and requirements of food law, establishing
the European Food Safety Authority and laying down
procedures in matters of food safety ( 1 ), and in particular
(5) The
results
of
the
audit
showed
that
a
well-implemented
Article 53(1)(b)(i) thereof,
control system and monitoring plan are in place and
improvements have been noted since the 2009
inspection visit.
Whereas:
(6) However,
the
protective
measures
put
in
place
with
regard to the possible contamination of live bivalve
molluscs with hepatitis A virus are still unsatisfactory.
(1) Regulation
(EC)
No
178/2002
lays
down
the
general
The Peruvian Competent Authority is currently
principles governing food and feed in general, and food
developing a monitoring system for virus detection in
and feed safety in particular, at Union and national level.
live bivalve molluscs, but the testing method used
It provides for emergency measures where there is
cannot be considered reliable as it has not been
evidence that food or feed imported from a third
validated yet.
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 by the Member State(s) concerned.
(7) Decision
2008/866/EC
should
therefore
be
amended
accordingly.
(2) Commission
Decision
2008/866/EC
of
12
November
2008 on emergency measures suspending imports from
(8) The
measures
provided
for
in
this
Decision
are
in
Peru of certain bivalve molluscs intended for human
accordance with the opinion of the Standing
consumption (
Committee on the Food Chain and Animal Health,

2 ) was adopted following an outbreak of
hepatitis A in humans related to the consumption of
bivalve molluscs imported from Peru contaminated
with hepatitis A virus (HAV). That Decision initially
HAS ADOPTED THIS DECISION:
applied until 31 March 2009 but this period of appli
cation was extended until 30 November 2011 by
Commission Decision 2010/641/EU ( 3 ).
Article 1
( 1 ) OJ L 31, 1.2.2002, p. 1.
( 2 ) OJ L 307, 18.11.2008, p. 9.
In Article 5 of Decision 2008/866/EC, the date ‘30 November
( 3 ) OJ L 280, 26.10.2010, p. 59.
2011’ is replaced by the date ‘30 November 2012’.

---

EN
5.11.2011 Official
Journal
of
the
European
Union L
288/27
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 3 November 2011.
For the Commission
John DALLI
Member of the Commission

---