Date: 25-Jan-2024Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2024/360 of 24 January 2024 amending Implementing Regulation (EU) 2022/478 as regards the extension of the period of application of protective measures on imports of bivalve molluscs from Türkiye intended for human consumption
Issued by European Commission
· Directorate-General for Health and Food Safety
Commission Implementing Regulation (EU) 2024/360 extends the protective measures on imports of bivalve molluscs from Türkiye intended for human consumption. This means that the existing restrictions on these imports will continue for a longer period.
The extension is due to persistent deficiencies identified in the Turkish official control system for bivalve molluscs, which pose food safety risks.
Key Changes
The period of application of Implementing Regulation (EU) 2022/478 is extended by three years.
Specifically, Article 5 of Implementing Regulation (EU) No 2022/478 is amended to replace '31 December 2023' with '31 December 2026'.
This regulation comes into force on the fourth day following its publication in the Official Journal of the European Union.
Impact Analysis
Turkish Bivalve Mollusc Exporters
Action item: Turkish exporters should prepare for further audits by the EU Commission.
EU Importers of Bivalve Molluscs
Action item: EU importers should monitor the progress of Turkish authorities in addressing the identified deficiencies.
EU Consumers
Action item: EU consumers should be informed about the origin of bivalve molluscs and the measures in place to ensure their safety.
Turkish Competent Authorities
Action item: Work with Turkish establishments approved for exporting bivalve molluscs to the Union to address the deficiencies.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU.
Türkiye: The Republic of Türkiye, a country whose exports of bivalve molluscs to the EU are subject to protective measures.
Commission Implementing Regulation (EU) 2022/478: The regulation that was amended by this new regulation, which previously set the protective measures on imports of bivalve molluscs from Turkey until 31 December 2023.
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.
Standing Committee on the Plants, Animals, Food and Feed: A committee that provides opinions on measures related to plants, animals, food, and feed.
Official Journal EN
of the European Union L series
2024/360 25.1.2024
COMMISSION IMPLEMENTING REGULATION (EU) 2024/360
of 24 January 2024
amending Implementing Regulation (EU) 2022/478 as regards the extension of the period of
application of protective measures on imports of bivalve molluscs from Türkiye 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)introduced protective measures on imports of bivalve
molluscs from Turkey intended for human consumption. Commission Implementing Regulation (EU)
No 2022/478(3)provides for similar protective measures until 31 December 2023.
(2) Those measures were introduced following Commission audits, which 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 Member States’ reports of non-compliant consignments of bivalve molluscs originating in
Türkiye.
(3) The latest Commission audits conducted onsite in 2022 and 2023 identified persistent deficiencies in the official
control system overseeing bivalve molluscs intended for entry into the Union. These deficiencies revealed structural
food safety processing shortcomings within Turkish establishments approved for exporting bivalve molluscs to the
Union. If the existing protective measures were to be lifted, these unresolved issues would pose significant food
safety risks for the products exported from these premises.
(4) The period of application of Implementing Regulation (EU) No 2022/478 should therefore be extended for three
more years to allow Türkiye to address the recommendations from the previous audits for entry of bivalve molluscs
into the Union, and have these assessed by the Commission.
(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) Commission Implementing Regulation (EU) No 2022/478 on maintaining protective measures on imports of bivalve molluscs from
Turkey intended for human consumption (OJ L 98, 25.3.2022, p. 54).
ELI: http://data.europa.eu/eli/reg_impl/2024/360/oj 1/2EN
OJ L, 25.1.2024
HAS ADOPTED THIS REGULATION:
Article 1
In the second paragraph of Article 5 of Implementing Regulation (EU) No 2022/478, the term ‘31 December 2023’ is
replaced by the term ‘31 December 2026’.
Article 2
This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 2024.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/reg_impl/2024/360/oj