No L 108/48 Official Journal of the European Communities 25. 4. 97 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 April 1997 on protective measures with regard to fishery products originating in Kenya (Text with EEA relevance) (97/272/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries ('), as last amended by Directive 96/43/EC (3, and in particular Article 19 thereof, Whereas the presence of salmonellae has been confirmed in Nile perch fillets originating in Kenya on several occa- sions on their importation into the Community; Whereas, pending the application by the competent Kenyan authorities of health measures preventing the contamination of Nile perch fillets and on-the-spot inspections by Commission experts to verify that the measures are being properly applied, Nile perch fillets originating in Kenya should be systematically checked for salmonellae on importation; Whereas, under Article 4 (7) of Directive 90/675/EEC, all expenditure incurred in such checks for salmonellae is to be chargeable to the consignor, the consignee or their agent, without reimbursement by the Member State conducting the checks; () OJ No L 373, 31. 12. 1990, p. 1. () O] No L 162, 1. 7. 1996, p. 1. Whereas such a measure must be transitional in nature pending a decision establishing the specific conditions for the importation of fishery products originating in Kenya; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: Article 1 This Decision shall apply to whole fish, gutted or not, and fillets, slices and minced flesh of the species Lates nilo- ticus (Nile perch), fresh or frozen, originating in Kenya. Article 2 Member States shall, using a suitable sampling plan, subject each consignment of the products indicated at Article 1 imported into the Community to a test for the presence of salmonellae. Article 3 Member States shall not authorize the importation into their territory or the consignment to another Member State of the products referred to in Article 1 unless the results of the checks referred to in Article 2 confirm the absence of salmonellae.