5.2.2002 Official Journal of the European Communities L 34/21 COMMISSION COMMISSION DECISION of 4 February 2002 imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China (notified under document number C(2002) 385) (Text with EEA relevance) (2002/79/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (') and in particular Article 10(1) thereof, Whereas: 1) Peanuts originating in or consigned from China have been found to be, in many cases, contaminated with excessive levels of aflatoxin B1 and total aflatoxin. The Scientific Committee for Food has noted that afla- toxin B1, even at extremely low levels, causes cancer of the liver and in addition is genotoxic. Commission Regulation (EC) No 194/97 of 31 January 1997 setting maximum levels for certain contaminants in foodstuffs (?), as last amended by Regulation (EC) No 1566/1999 (%), sets maximum levels for certain contam- inants and in particular aflatoxins in foodstuffs. These limits have been considerably exceeded in samples of peanuts originating in or consigned from China. This constitutes a serious threat to public health within the Community and it is therefore imperative to adopt protective measures at Community level. A mission was carried out by the European Commis- sion's Food and Veterinary Office (FVO) in China from 8 to 21 May 2001 to assess the control systems in place to prevent aflatoxin contamination in peanuts intended for export to the European Community. The mission revealed, inter alia, that the control over aflatoxins in peanuts is minimal in production or general processing. Deficiencies in laboratory performance were also observed. It is therefore appropriate to subject peanuts 175, 19.7.1993, p. 1. oj L 0] L 31, 1.2.1997, p. 48. oj L 184, 17.7.1999, p. 17. or products derived from peanuts originating in or consigned from China to special conditions to provide a high level of protection to public health. It is necessary that peanuts and products derived from peanuts have been produced, sorted, handled, processed, packaged and transported following good hygiene prac- tices. It is necessary to establish the levels of aflatoxin B1 and total aflatoxin in samples taken from the consign- ment immediately prior to leaving China. The Chinese authorities should provide documentary evidence to accompany each consignment of peanuts originating in or consigned from China, relating to the conditions of production, sorting, handling, processing, packaging and transport, as well as the results of labora- tory analysis of the consignment for levels of aflatoxin Bl and total aflatoxin. From the findings of the abovementioned mission, it can be concluded that the Chinese authorities cannot ensure currently dependable analytical results or guarantee lot integrity in respect of certification. Therefore, the relia- bility of any certificate issued for peanuts originating from China raises serious doubts with regard to its reliability. It is therefore necessary in order to safeguard public health that all lots of peanuts originating in or consigned from China, imported in the European Community, are subjected to sampling and analysis for their aflatoxin level by the competent authority of the importing Member State prior to release onto the market. Given that this measure has a serious impact on the control resources of the Member States, the results of this measure will be evaluated after a short period of time and the measures amended if appropriate. The Standing Committee for Foodstuffs has been consulted on 2 April 2001 and on 19 July 2001,