Imports - OVS Note 08/60
This OVS Note was issued by the Food Standards Agency (FSA). Therefore Defra cannot advise on its content. Please contact the FSA for further information. Tel: 020 7276 8018, email: imported.food@foodstandards.gsi.gov.ukAmendment to decision 2006/236/EC on special conditions imposed on fishery products imported from Indonesia for human consumption
This letter is addressed to Border Inspection Posts in England only.
You will recall we wrote to you on 10 June (ref: OVS/2008/35) informing you that a further Decision was expected to amend Commission Decision 2006/236/EC on fishery products for human consumption imported from Indonesia. Please see following link to the amending Commission Decision 2008/660/EC http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:215:0006:0007:EN:PDF
Decision 2008/660/EC has been implemented by means of Declaration POAO Reg 61/024 issued under regulation 61 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 and this is attached as a PDF (50 KB) for your information. This takes effect from 16 August.
As you know Commission Decision 2006/236/EC required Member States to test each consignment of fishery products from Indonesia for heavy metals and each consignment of certain specific species for histamine to ensure compliance with EU standards. Decision 2006/236/EC also provided that the Decision would be reviewed on the basis of guarantees provided by the competent Indonesian authorities on the basis of the results of the tests carried out by Member States.
Indonesia has now provided the Commission with the appropriate guarantees. The results of the tests carried out by Member States on fishery products have been satisfactory as regards heavy metals in aquaculture products and histamine. Therefore it is no longer necessary to test each consignment of fishery products for histamine and each consignment of aquaculture products for heavy metals. However ports should continue to test each consignment for heavy metals in non-aquaculture fishery products from Indonesia. We will write to you at the end of the quarter July – September 2008 for the test figures. Routine sampling for histamines should continue on an informal basis.
Article 1 of Decision 2006/236/EC has been amended accordingly, and Article 2(1) now provides for Member States to test for heavy metals in fishery products from Indonesia to ensure the maximum levels in Regulation (EC) No 1881/2006 are not exceeded. Regulation 1881/2006 has an amendment which includes new levels for certain fish and fishery products (Regulation (EC) No 629/2008). Please see the following links to these Regulations: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_364/l_36420061220en00050024.pdf and http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:173:0006:0009:EN:PDF .
The advice contained in this letter should not be taken as an authoritative statement of the law or its interpretation. Only the courts can decide whether in particular circumstances an offence has been committed.
If you need any further information please let me know. You may also be aware that the Agency have an imports section on its website and can be found at www.food.gov.uk/imports
Yours sincerely
Ian Grist
Imported Food Branch
Enforcement Support Division
Page published:
21 August, 2008