Commission Implementing Decision 2011/880/EU

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 178/2002 of the European 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^note, and in particular Article 53(1)(b)(i) and (iii) thereof,Whereas:

(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 Union and national level. It provides for emergency measures to be taken by the Commission 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 by the Member State(s) concerned.

(2)Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs^note lays down general rules for food business operators on the hygiene of foodstuffs. Those rules include hygiene requirements to ensure that imported foods are of at least the same hygiene standards as food produced in the Union, or are of an equivalent standard.

(3)Certain lots of fenugreek seeds imported from Egypt have been identified as the causative agent of an outbreak in the Union of Shiga-toxin producing Escherichia coli bacteria (STEC), serotype O104:H4. The origin of the outbreak was identified as fenugreek seeds from Egypt consumed as sprouts.

(4)Accordingly, Commission Implementing Decision 2011/402/EU^note introduced a ban on the release for free circulation in the Union of certain seeds and beans imported from Egypt that fall within the CN codes listed in the Annex thereto. That ban expires on 31 March 2012.

(5)However, dried split leguminous vegetables, broken soya beans or broken oil seeds and oleaginous fruits are not used for sprouting purposes. Dried split leguminous vegetables, broken soya beans or broken oil seeds and broken oleaginous fruits imported from Egypt should no longer be considered as a food safety risk and should be reauthorised for import into the Union.

(6)The emergency measures laid down in Implementing Decision 2011/402/EU should therefore be amended on the basis on this new information.

(7)The Annex to Implementing Decision 2011/402/EU should therefore be amended accordingly.

(8)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

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The Annex to Implementing Decision 2011/402/EU is replaced by the text in the Annex to this Decision.

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This Decision is addressed to the Member States.

Seeds and beans from Egypt whose release for free circulation in the Union is prohibited until 31 March 2012
CN Code^note	Description
ex07049090	Rocket sprouts
ex07069090	Beetroot sprouts, radish sprouts
ex0708	Sprouts of leguminous vegetables, fresh or chilled
ex07099090ex07099990^note	Soya bean sprouts
ex0713	Dried leguminous vegetables, shelled, whether or not skinned, not broken
09109910	Fenugreek seeds
ex120100ex1201^note	Soya beans not broken
120750	Mustard seeds
ex12079997ex12079996^note	Other oil seeds and oleaginous fruits, not broken
12091000	Sugar beet seeds
12092100	Lucerne (alfalfa) seeds
120991	Vegetable seeds
ex12149090	Lucerne (alfalfa) sprouts

Commission Implementing Decision 2011/880/EU

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