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Published by: eurolex on Nov 29, 2010
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03/18/2014

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COMMISSION DECISIONof 12 November 2008on emergency measures suspending imports from Peru of certain bivalve molluscs intended forhuman consumption
(notified under document number C(2008) 6732)
(Text with EEA relevance)
(2008/866/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,Having regard to Regulation (EC) No 178/2002 of the EuropeanParliament and of the Council of 28 January 2002 laying downthe general principles and requirements of food law, establishingthe European Food Safety Authority and laying downprocedures in matters of food safety (
1
), and in particulaArticle 53(1)(b)(i) thereof,Whereas:
(1)
Regulation (EC) No 178/2002 lays down the generalprinciples governing food and feed in general, and foodand feed safety in particular, at Community and nationallevel. It provides for emergency measures where it isevident that food or feed imported from a thirdcountry is likely to constitute a serious risk to humanhealth, animal health or the environment and that such arisk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.
(2)
An outbreak of Hepatitis A in humans has beenconfirmed in the Community. The origin of the diseasehas been identified to be the consumption of certainbivalve molluscs imported from Peru that werecontaminated with the hepatitis A virus (HAV).
(3)
The contaminated bivalve molluscs are Donax clams(
Donax
spp) and the origin of the contamination ismost likely a viral contamination of the water of theproduction areas. Other bivalve molluscs couldtherefore also be contaminated.
(4)
Since the consumption of those bivalve molluscs presentsa serious risk for human health it is appropriate tosuspend imports into the Community of bivalvemolluscs from Peru.
(5)
Considering the seriousness of the contamination, thesuspension should also apply to bivalve molluscs thathave been dispatched to the Community before thisDecision comes into effect but which arrive at theCommunity border inspection posts after that date.
(6)
The suspension of those imports should be provided for at Community level in order to ensure the effective anduniform protection of consumer health in all Member States.
(7)
The aquaculture production of scallops (
Pectinidae
) inPeru takes place in separated production areas with alow population density and far from potential sourcesof contamination. In addition,
Pectinidae
are processedto withdraw the viscera and thus mitigate the risk of viral contamination in the edible part of the product. Itis therefore appropriate to allow imports from Peru of 
Pectinidae
processed in that manner.
(8)
In addition, the heat treatment avoids the viability of thevirus. It is therefore appropriate to allow imports fromPeru of bivalve molluscs that have undergone a heattreatment following the requirements established inpoint A.5(b) of Chapter II of Section VII of Annex IIIto Regulation (EC) No 853/2004 of the EuropeanParliament and of the Council of 29 April 2004 layingdown specific hygiene rules for food of animal origin (
2
).
(9)
The Peruvian authorities have committed to put in placeimmediate corrective measures and, if necessary, to allow a Commission inspection in the coming months. It istherefore appropriate to limit the application of themeasures provided for in the present Decision to31 March 2009, without prejudice of the power of theCommission to modify, repeal or extend those measuresin the light of any new information related to theevolution of the situation in Peru and of the outcomeof inspections by its services.
(10)
The measures provided for in this Decision are inaccordance with the opinion of the StandingCommittee on the Food Chain and Animal Health,
EN
18.11.2008 Official Journal of the European Union L 307/9
(
1
) OJ L 31, 1.2.2002, p. 1.(
2
) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,p. 22.

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