WORLD TRADE
G/SPS/N/EEC/365
10 December 2009
ORGANIZATION
(09-6400)
Committee on Sanitary and Phytosanitary Measures
Original: English
NOTIFICATION
1.
Notifying Member: EUROPEAN UNION
If applicable, name of local government involved:
2.
Agency responsible: European Commission. Health & Consumers Directorate-General
Directorate D – Animal Health and Welfare
3.
Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers should be provided in addition, where
applicable):
4.

Brazil nuts in shell (CN 0801 2100) and mixtures of nuts or dried fruits, containing
Brazil nuts (CN 0813 50) from Brazil:

groundnuts (CN 12021090, 1202 2000, CN 2008 11 91, CN 2008 11 98, 2008 11
96) from China and Egypt;

pistachios (CN 0802 5000, CN 200819 13, 2008 19 93) from Iran and Turkey;

dried figs (CN 0804 20 90) from Turkey;

hazelnuts (CN 08022100, CN 0802 22 00, CN 2008 19) from Turkey;

processed products from hazelnuts, pistachios and figs (CN 0813 50, CN 1106 30
90, CN 2007 10, CN 2007 99, CN 2008 19);

almonds (CN 0802 11, CN 0802 12, CN 2008 1913, CN 2008 1993) and mixtures
of nuts or dried fruits containing almonds (CN 0813 50) from the United States of
America.
Regions or countries likely to be affected, to the extent relevant or practicable:
[]
All trading partners
[X]
Specific regions or countries: EU member States, Brazil, China, Egypt, Iran,
Turkey and the United States of America exporting these products to the European Union
5.
Title of the notified document: "Commission Regulation (EC) No 1152/2009 of
27 November 2009 imposing special conditions governing the import of certain foodstuffs
from certain countries due to contamination risk by aflatoxins and repealing Decision
2006/504/EC" Language: All EU languages Number of pages: 10
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:313:0040:0049:EN:PDF
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:313:0040:0049:FR:PDF
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:313:0040:0049:ES:PDF
or
G/SPS/N/EEC/365
Page 2
http://members.wto.org/crnattachments/2009/sps/EEC/09_4325_00_e.pdf
http://members.wto.org/crnattachments/2009/sps/EEC/09_4325_00_f.pdf
http://members.wto.org/crnattachments/2009/sps/EEC/09_4325_00_s.pdf
6.
Description of content: It concerns an amendment to an existing safeguard measure.
In the light of the number and nature of RASFF - notifications, the outcome of FVO
inspections and the outcome of controls, the existing control frequencies laid down in
Commission Decision 2006/504/EC of 12 July 2006 on special conditions governing
certain foodstuffs imported from certain third countries due to contamination risks of these
products by aflatoxins are no longer appropriate. Therefore these control frequencies have
been reviewed to take into account of, inter alia, developments as regards aflatoxin
contamination of certain products covered by that Decision.
Further modifications intend to facilitate and to improve the enforcement and effectiveness
of controls (prior notification of arrival of shipments, only compound products containing
20 per cent (previously 10 per cent) of the products concerned are covered, increase of the
limit of 5 kg to 20 kg for consignments falling out of scope) and to adjust the CN codes for
certain food categories to changes in the Combined Nomenclature (CN) code.
Finally, experience gained in recent years indicates that the additional conditions as regards
the fate of non-compliant consignments of unshelled Brazil nuts from Brazil are no longer
appropriate and the transitional provisions as regards the laboratories for the control of
aflatoxins in almonds from the United States are no longer necessary.
7.
Objective and rationale: [X] food safety, [ ] animal health, [ ] plant protection,
[ ] protect humans from animal/plant pest or disease, [ ] protect territory from other
damage from pests.
8.
Is there a relevant international standard? If so, identify the standard:
[]
Codex Alimentarius Commission (e.g. title or serial number of Codex standard
or related text)
[]
World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic
Animal Health Code, chapter number)
[]
International Plant Protection Convention (e.g. ISPM number)
[X]
None
Does this proposed regulation conform to the relevant international standard?
[ ] Yes [ ] No
If no, describe, whenever possible, how and why it deviates from the
international standard:
9.
Other relevant documents and language(s) in which these are available:
10.
Proposed date of adoption (dd/mm/yy): 27 November 2009
Proposed date of publication (dd/mm/yy): 1 January 2010
11.
Proposed date of entry into force: [ ] Six months from date of publication, and/or
(dd/mm/yy): 18 December 2009
[X]
Trade facilitating measure
G/SPS/N/EEC/365
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12.
Final date for comments: [ ] Sixty days from the date of circulation of the notification
and/or (dd/mm/yy): Not applicable
Agency or authority designated to handle comments: [X] National Notification
Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if
available) of other body: sps@ec.europa.eu
13.
Texts available from: [X] National Notification Authority, [X] National Enquiry
Point. Address, fax number and e-mail address (if available) of other body:
sps@ec.europa.eu