L 30/50 Official Journal of the European Communities 31.1.2002 COMMISSION DECISION of 30 January 2002 concerning certain protective measures with regard to the products of animal origin imported from China (notified under document number C(2002) 387) (Text with EEA relevance) (2002/69EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries ('), and in particular Article 22(1) thereof, Whereas: 1) 1 2! 4 Under Directive 97/78/EC the necessary measures must be adopted as regards the import of certain products from third countries where any cause likely to constitute a serious risk to animal or human health appears or is spreading. Under Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition (?) the necessary measures must be adopted as regards the import of certain products from third countries and intended for animal nutrition, where any cause likely to constitute a serious danger to animal or human health appears or is spreading. Under Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (°), the production process of animals and primary products of animal origin shall be moni- tored for the purpose of detecting the presence of certain residues and substances in live animals, their excrements and body fluids and in tissue, animal prod- ucts, animal feed and drinking water. Following the detection of chloramphenicol in certain aquaculture and fishery products imported from China, the Commission adopted Decision 2001/699/EC, concerning certain protective measures with regard to certain fishery and aquaculture products intended for human consumption and originating in China and Vietnam (*). 24, 30.1.1998, p. 9. 333, 29.12.2000, p. 81. () O] L () O] L () O] L 125, 23.5.1996, p. 10. () O L 251, 20.1.2001, p. 11. () (10) Furthermore, an inspection visit to China carried out on the spot by Community experts has identified serious shortcomings as regards veterinary medicines regulation and the residue control system in live animals and animal products, which may lead to the presence of harmful residues, including chloramphenicol, in prod- ucts intended for human or animal consumption, presenting a risk to their health. The inspection visit has also revealed a severe non- observance by the Chinese competent authorities of the numerous commitments and guarantees they have provided to the Commission, as regard the control of residues and substances which may be a danger to public and animal health. Therefore it is necessary to suspend the imports of prod- ucts of animal origin from China intended for human or animal consumption. Nevertheless, a derogation should be provided for casings and fishery products except crustaceans, which are caught, frozen and packed in their final packaging at sea and landed directly on Community territory, such products not being concerned by the risk identified above. Also, with a view to minimize negative trade effects in a manner proportionate to the management of the risk, this Decision authorizes the imports into the Community, during a period of 6 weeks, of consign- ments which have left China before the entry into force of this Decision, on condition that they are subjected to intensified monitoring and testing to ensure their safety. This Decision shall be reviewed in the light of informa- tion provided by the competent authorities of China, any results from the increased monitoring and testing carried out by Member States on consignments arriving before 14 March 2002 and, if necessary, on the basis of the results of a new inspection visit carried out on the spot by Community experts. The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Commiittee,