Date: 2022-03-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2022/478 of 24 March 2022 on maintaining protective measures on imports of bivalve molluscs from Turkey intended for human consumption (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This regulation maintains protective measures on imports of bivalve molluscs from Turkey intended for human consumption due to identified deficiencies in official controls. It prohibits the entry of live and chilled bivalve molluscs and mandates testing of frozen and processed molluscs. The regulation is effective from the fourth day following its publication and applies until December 31, 2023.
Key Points / Main Content:
* **Scope:**
* Applies to live, chilled, frozen, and processed bivalve molluscs (CN Codes: 0307, 1605) originating in or dispatched from Turkey.
* **Prohibition:**
* Member States shall not allow the entry of live and chilled bivalve molluscs from Turkey.
* **Testing of Frozen and Processed Bivalve Molluscs:**
* Member States must test consignments of frozen and processed bivalve molluscs from Turkey at the border control post of entry.
* Tests must identify:
* The contamination level of Escherichia coli in frozen bivalve molluscs.
* The presence of marine biotoxins in frozen or processed bivalve molluscs.
* Consignments under test must remain under the supervision of competent authorities until results are assessed.
* **Non-Compliance:**
* If tests indicate a consignment is injurious to human health, the competent authority must seize and either destroy the consignment or subject it to special treatment as per Article 67 and Article 71(1)(2) of Regulation (EU) 2017/625.
* **Expenditures:**
* All expenses incurred by Member States in applying this regulation will be charged to the operator or their representative responsible for the consignment.
* **Effective Date and Period of Application:**
* Enters into force on the fourth day following publication.
* Applies until December 31, 2023.
Impact Analysis:
Member States:
Impact: Required to enforce the prohibition and testing measures, monitor consignments, and handle non-compliant products.
Action Required: Implement testing plans, allocate resources for supervision, and ensure compliance with destruction or special treatment protocols.
Operators/Representatives Responsible for Consignments:
Impact: Affected by the prohibition of live/chilled molluscs and must bear the costs of testing for frozen/processed molluscs.
Action Required: Ensure compliance with testing requirements, prepare for potential seizure/destruction costs, and adjust import strategies accordingly.
European Commission:
Impact: Responsible for the overall enforcement and monitoring of the regulation.
Action Required: Monitor the implementation of the regulation by Member States and address any issues that arise.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Turkey: Country from which imports of bivalve molluscs are being regulated.
European Commission: The executive branch 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 EU 2017/625: Regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
Commission Implementing Regulation EU No 743/2013: Regulation introducing protective measures on imports of bivalve molluscs from Turkey intended for human consumption.
Brussels: The city where the regulation was adopted.
Ursula VON DER LEYEN: The President of the European Commission.
Standing Committee on the Plants, Animals, Food and Feed: A committee providing opinions on measures related to plants, animals, food and feed.
L 98/54 EN Official Journal of the European Union 25.3.2022
COMMISSION IMPLEMENTING REGULATION (EU) 2022/478
of 24 March 2022
on maintaining protective measures on imports of bivalve molluscs from Turkey intended for human
consumption
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017on official
controls and other official activities performed to ensure the application of food and feed law, rules on animal health and
welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC)
No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the
European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC)
No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC,
89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official
Controls Regulation)(1), and in particular Article 128(1) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) No 743/2013(2) was adopted as Commission audits identified
deficiencies in the implementation of official controls by the Turkish competent authorities on the production of
bivalve molluscs intended for entry into the Union, and as Member States reported non-compliant consignments of
bivalve molluscs originating in Turkey which were not fulfilling Union microbiological standards.
(2) The most recent Commission audit which took place in September 2015, found that significant deficiencies in the
control system for bivalve molluscs intended for entry into the Union, remained.
(3) In January 2020, the Turkish competent authorities have presented information regarding the corrective measures
initiated to address those deficiencies. Whilst that initially has been assessed favourably on paper, an audit on the
spot to verify the implementation of those actions has not been possible yet due to COVID-19 pandemic
restrictions. Until the outcomes of this audit have been considered favourably, the measures imposed by
Implementing Regulation (EU) No 743/2013 should remain in place.
(4) Implementing Regulation (EU) No 743/2013 expired on 31 December 2021. In addition, given that Council
Directive 97/78/EC(3), constituting the basis for the above Regulation, is no longer applicable, the legal basis of the
Commission Implementing Regulation should be updated to refer to Article 128 of Regulation (EU) 2017/625.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the
Plants, Animals, Food and Feed,
(1) OJ L 95, 7.4.2017, p. 1.
(2) Commission Implementing Regulation (EU) No 743/2013 of 31 July 2013 on introducing protective measures on imports of bivalve
molluscs from Turkey intended for human consumption (OJ L 205, 1.8.2013, p. 1).
(3) Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on
products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).25.3.2022 EN Official Journal of the European Union L 98/55
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation shall apply to live, chilled, frozen and processed bivalve molluscs intended for human consumption (CN
Codes: 0307, 1605) and originating in or dispatched from Turkey.
Article 2
Prohibition of entry of live and chilled bivalve molluscs
Member States shall not allow entry into the Union of live and chilled bivalve molluscs originating in or dispatched from
Turkey.
Article 3
Measures concerning frozen and processed bivalve molluscs
1. Member States shall, using appropriate sampling plans and detection methods, carry out tests on consignments of
frozen and processed bivalve molluscs originating in or dispatched from Turkey as provided for in paragraph 2.
Those tests shall take place at the border control post of entry into the Union of the consignments concerned.
2. Member States shall carry out the tests necessary to identify:
(a) the contamination level of Escherichia coli in all consignments of frozen bivalve molluscs;
(b) the presence of marine biotoxins in all consignments of frozen or processed bivalve molluscs.
3. The consignments subjected to tests referred to in paragraphs 1 and 2 shall stay under supervision of the competent
authorities at the border control post concerned until the results of those tests are received and assessed.
4. If the tests referred to in paragraphs 1 and 2 indicate that a consignment is likely to be injurious to human health, the
competent authority shall immediately seize and either destroy the consignment or subject it to special treatment as
provided for by Article 67 of Regulation (EU) 2017/625 and in accordance with Article 71(1) and (2) of that same
Regulation.
Article 4
Expenditures
All expenditures incurred by the Member States in the application of this Regulation shall be charged to the operator or
his/her representative responsible for the consignment at the time of presentation of that consignment to the border
control post of entry into the Union.
Article 5
Entry into force and period of application
This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European
Union.
It shall apply until 31 December 2023.L 98/56 EN Official Journal of the European Union 25.3.2022
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 March 2022.
For the Commission
The President
Ursula VON DER LEYEN