Date: 2018-07-02Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2018/935 of 28 June 2018 amending Implementing Decision 2014/88/EU suspending temporarily imports from Bangladesh of foodstuffs containing or consisting of Betel leaves (‘Piper betle’) as regards its period of application (notified under document C(2018) 3997) (Text with EEA relevance.)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Decision (EU) 2018/935 amends Implementing Decision 2014/88/EU, extending the temporary suspension of imports of foodstuffs containing or consisting of betel leaves (Piper betle) from Bangladesh. This decision is due to the continued risk to human health posed by Salmonella contamination. The extended suspension is now applicable until June 30, 2020.
Key Points / Main Content:
* **Extension of Import Suspension:**
* The temporary suspension of imports of betel leaves from Bangladesh, initially established by Implementing Decision 2014/88/EU, is extended.
* Implementing Decision 2014/88/EU will now apply until June 30, 2020.
* **Reasons for Extension:**
* Bangladesh has not provided sufficient guarantees that betel leaves comply with EU food safety regulations.
* The proposed action plan from Bangladesh is incomplete and lacks evidence of effective application.
* Concerns remain regarding the reliability of analytical results from Bangladeshi laboratories.
* There are concerns about the safety and toxicity of a chemical decontaminant used on betel leaves.
* Numerous RASFF notifications have been reported even with a self-imposed ban by Bangladesh on the exportation of betel leaves since May 2013
* **Decision Basis:**
* The measures are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed.
Impact Analysis:
* **Member States:**
* Impact: Required to enforce the extended suspension of betel leaf imports from Bangladesh.
* Action Required: Continue to prohibit the import of foodstuffs containing or consisting of betel leaves from Bangladesh until June 30, 2020.
* **Bangladesh:**
* Impact: Continued restriction on exporting betel leaves to the EU.
* Action Required: Address the identified shortcomings in food safety and provide guarantees of compliance with EU regulations to have the suspension lifted.
* **European Consumers:**
* Impact: Reduced risk of exposure to Salmonella contamination from betel leaves imported from Bangladesh.
* Action Required: No direct action required.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Bangladesh: A country in South Asia from which the European Union is temporarily suspending imports of foodstuffs containing or consisting of betel leaves.
Betel leaves Piper betle: A type of leaf, also known as Paan leaf or Betel quid, the import of which from Bangladesh is being suspended due to the presence of Salmonella.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Regulation (EC) No 178/2002: A regulation of the European Parliament and of the Council 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.
Implementing Decision 2014/88/EU: A Commission Implementing Decision suspending temporarily imports from Bangladesh of foodstuffs containing or consisting of betel leaves Piper betle.
Rapid Alert System for Food and Feed (RASFF): A system for exchanging information between member states of the European Union regarding health risks from food and feed.
Vytenis Andriukaitis: Member of the European Commission.
L 165/40 EN Official Journal of the European Union 2.7.2018
COMMISSION IMPLEMENTING DECISION (EU) 2018/935
of 28 June 2018
amending Implementing Decision 2014/88/EU suspending temporarily imports from Bangladesh of
foodstuffs containing or consisting of Betel leaves (‘Piper betle’) as regards its period of application
(notified under document C(2018) 3997)
(Text with EEA relevance)
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 (1), and in particular Article 53(1)(b)(i) thereof,
Whereas:
(1) Regulation (EC) No 178/2002 lays down the general principles governing food in general, and food safety in
particular, at Union and national level. It provides for emergency measures to be taken by the Commission where
there is evidence that food imported from a third country is likely to constitute a serious risk to human health.
(2) Commission Implementing Decision 2014/88/EU (2) prohibited the importation into the Union of foodstuffs
containing or consisting of betel leaves from Bangladesh, originally for a limited period of application until
31 July 2014. It was adopted following a high number of notifications issued to the Rapid Alert System for Food
and Feed (RASFF) due to the presence of a wide range of Salmonella strains, including Salmonella Typhimurium,
found in foodstuffs containing or consisting of betel leaves (‘Piper betle’, commonly known as ‘Paan leaf’ or ‘Betel
quid’) from Bangladesh.
(3) Since Bangladesh was not able to provide guarantees securing the imports of betel leaves into the Union,
Commission Implementing Decisions 2014/510/EU (3), (EU) 2015/1028 (4), and (EU) 2016/884 (5) extended the
period of application of the temporary suspension of imports of these products until 30 June 2015, 30 June
2016 and 30 June 2018 respectively.
(4) The proposed action plan submitted by Bangladesh in January 2018 is still incomplete and there are no
guarantees on its effective application and enforcement. Indeed, the information received does not demonstrate
that the production of betel leaves complies with Regulation (EC) No 852/2004 of the European Parliament and
of the Council (6) and that the country is able to deliver reliable analytical results from accredited laboratories. The
authorities of Bangladesh also signalled the use of a chemical decontaminant to decontaminate betel leaves,
without any evidence in terms of safety and toxicity of the product used. Furthermore, despite the adoption and
continued application of a self-imposed ban by Bangladesh on the exportation of betel leaves since May 2013,
29 cases of RASFF notifications have still been reported since its adoption. Therefore, it cannot be concluded that
guarantees provided by Bangladesh are sufficient to address the serious risks to human health. The emergency
measures established by Implementing Decision 2014/88/EU should therefore remain in place.
(5) The period of application of Implementing Decision 2014/88/EU should therefore be further extended.
(1) OJ L 31, 1.2.2002, p. 1.
(2) Commission Implementing Decision 2014/88/EU of 13 February 2014 suspending temporarily imports from Bangladesh of foodstuffs
containing or consisting of betel leaves (‘Piper betle’) (OJ L 45, 15.2.2014, p. 34).
(3) Commission Implementing Decision 2014/510/EU of 29 July 2014 amending Implementing Decision 2014/88/EU suspending
temporarily imports from Bangladesh of foodstuffs containing or consisting of betel leaves (‘Piper betle’) as regards its period of
application (OJ L 228, 31.7.2014, p. 33).
(4) Commission Implementing Decision (EU) 2015/1028 of 26 June 2015 amending Implementing Decision 2014/88/EU suspending
temporarily imports from Bangladesh of foodstuffs containing or consisting of betel leaves (‘Piper betle’) as regards its period of
application (OJ L 163, 30.6.2015, p. 53).
(5) Commission Implementing Decision (EU) 2016/884 of 1 June 2016 amending Implementing Decision 2014/88/EU suspending
temporarily imports from Bangladesh of foodstuffs containing or consisting of betel leaves (‘Piper betle’) as regards its period of
application (OJ L 146, 3.6.2016, p. 29).
(6) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139,
30.4.2004, p. 1).2.7.2018 EN Official Journal of the European Union L 165/41
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
Article 4 of Implementing Decision 2014/88/EU is replaced by the following:
‘Article 4
This Decision shall apply until 30 June 2020.’.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 28 June 2018.
For the Commission
Vytenis ANDRIUKAITIS
Member of the Commission