L 28734 Official Journal of the European Union 18.10.2006 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 October 2006 on emergency measures applying to fishery products imported from Brazil and intended for human consumption (notified under document number C(2006) 4819) (Text with EEA relevance) (2006/698[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 53(1)(b) thereof, Whereas: (1)  In accordance with Regulation (EC) No 178/2002, the necessary measures must be adopted where it is evident that food imported from a third country is likely to constitute a serious risk to human health, animal health or the environment and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned. (2)  Under Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (3), food business operators must ensure that the limits with regard to histamine in fishery products are not exceeded. Those limits, together with the sampling and analytical () OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006, (O] L 100, 8.4.2006, p. 3). (® OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, . 22. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (O] L 338, 22.12.2005, p. 83). methods, were established by Commission Regulation (EC) No 2073/2005 of 15 November 2005 on micro- biological criteria for foodstuffs (3). (3) A recent Community inspection in Brazil has revealed serious hygiene shortcomings in the handling of fishery products. As a result of those shortcomings the fish is not as fresh as it should be and spoils quickly and there may be high levels of histamine in certain fish species (in particular those belonging to the families: Scombridae, Clupeidae, Engraulidae, Coryfenidae, Pomatomidae and Scom- bresosidae). The inspections have also revealed a limited capacity of the Brazilian authorities to carry out the necessary checks of fish, in particular to detect histamine in those species. (4)  Excessive levels of histamine in fishery products constitute a serious risk for human health. (5) It is appropriate to adopt at Community level measures applicable to imports of fishery products which might be contaminated to ensure effective and uniform protection in all the Member States. (6)  Imports into the Community of fishery products from fish species associated with a high amount of histidine, should be authorised only if it can be shown that they have been subjected to a systematic check at origin to verify that their histamine levels do not exceed the limits set by Regulation (EC) No 2073/2005. () O] L 338, 22.12.2005, p. 1.