Dear Sir or Madam COMMISSION DECISION 2010/381/EU – EMERGENCY MEASURES APPLICABLE TO CONSIGNMENTS OF AQUACULTURE PRODUCTS FROM INDIA AND INTENDED FOR HUMAN CONSUMPTION Further to my email of 5 May 2010 I am writing to advise that the Commission published Decision 2010/382/EU on Friday 9 July 2010, and a link to the Decision follows ion comes into effect immediately. The Commission’s Food and Veterinary Office (FVO) mission to India in September 2009 revealed shortcomings in India’s residue control systems in aquaculture products and a lack of appropriate laboratory capacity for detecting such residues. Pending the full implementation of the FVO’s recommendations, the Commission has extended the existing measures set out in Commission Decision 2009/727/EC, on crustaceans of aquaculture origin from India, to include all aquaculture products imported from India intended for human consumption. The test results are extended to include chloramphenicol, tetracycline, oxytetracycline and chlortetracycline, as well as nitrofurans or their metabolites. As the new Decision also includes crustaceans of aquaculture origin, Decision 2009/727/EC is repealed. Therefore consignments of aquaculture products imported from India and intended for human consumption must be accompanied by the results of analytical tests carried out on an official sample with a view to detecting the presence of chloramphenicol, tetracycline, oxytetracycline and chlortetracycline and of metabolites of nitrofurans. Where test results are not provided, each consignment will undergo testing for the detection of chloramphenicol, tetracycline, oxytetracycline and chlortetracycline and of metabolites of nitrofurans.
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Decision 2010/381/EU also requires that at least 20% of consignments of aquaculture products from India for human consumption be subjected at Border Inspection Posts (BIPs) to sampling for testing for pharmacologically active substances, in particular chloramphenicol, tetracycline, oxytetracycline, chlortetracycline , and of metabolites of nitrofurans. Consignments from which samples have been taken shall be kept under official detention until the analytical tests have been completed. Consignments may only be placed on the market if the analytical test results confirm the compliance of the consignments with Regulation (EC) No 470/2009. Where a consignment is found to be non-compliant appropriate enforcement action will be taken at the discretion of the enforcement authority. Finally all expenditure incurred in the application of this Decision shall be charged to the consignor, the consignee or the agent or either. The advice contained in this letter should not be taken as an authoritative statement of the law or its interpretation. The opinion of your Home Authority or other enforcement authorities may differ. Only the courts can decide whether in particular circumstances an offence has been committed. I hope that this is helpful but if you need any further information please let me know. The Agency’s imports section on our website can be found at Importers may also register for the Agency’s on-line Guidance and Regulatory Advice on Import Legislation system (GRAIL) by following this link: Yours sincerely Ian Grist Imported Food Team Enforcement & Local Authority Delivery Division
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