
Article 1 
For the purposes of this Decision the following definitions shall apply:

((a)) ‘chilli’, fruits of the genus Capsicum, dried and crushed or ground within CN Code 0904 20 90, in whatever form, intended for human consumption and
((b)) ‘chilli products’, curry powder within CN Code 0910 50, in whatever form, intended for human consumption and
((c)) ‘curcuma’, curcuma dried and crushed or ground within CN Code 0910 30, in whatever form, intended for human consumption and
((d)) ‘palm oil’, palm oil within CN Code 1511 10 90, intended for direct human consumption.
Article 2 

1. Member States shall prohibit the import of chilli, chilli products, curcuma and palm oil unless an original analytical report accompanying the consignment demonstrates that the product does not contain any of the following chemical substances:
(a) Sudan I (CAS Number 842-07-9),
(b) Sudan II (CAS Number 3118-97-6),
(c) Sudan III (CAS Number 85-86-9),
(d) Scarlet Red or Sudan IV (CAS Number 85-83-6).
2. The analytical report shall be endorsed by a representative of the relevant competent authority.
3. The competent authorities in the Member States shall check that each consignment of chilli, chilli products, curcuma and palm oil presented for importation is accompanied by an analytical report as provided for in paragraph 1.
4. In the absence of such an analytical report as provided for in paragraph 1, the importer established in the Community shall have the product tested to demonstrate that it does not contain one or more of the chemical substances referred to in paragraph 1. Pending availability of the analytical report, the product shall be detained under official supervision.
Article 3 

1. Member States shall take appropriate measures, including random sampling and analysis of chilli, chilli products, curcuma and palm oil presented for importation or already on the market in order to verify the absence of the chemical substances referred to in Article 2(1).Member States shall inform the Commission through the Rapid Alert System for food and feed of all consignments which are found to contain those substances.Member States shall report to the Commission on a quarterly basis on the consignments which were found not to contain those substances. These reports shall be submitted before the end of the month following that quarter.
2. Any consignment subjected to official sampling and analysis may be detained before release onto the market for a maximum period of 15 working days.
Article 4 
If a consignment is split, a certified copy of the analytical report provided for in Article 2(1) shall accompany each part of the split consignment.
Article 5 
Chilli, chilli products, curcuma and palm oil that are found to contain one or more of the chemical substances referred to in Article 2(1) shall be destroyed.
Article 6 
All costs resulting from analysis, storage or destruction pursuant to Article 2(1) or (4) and Article 5 shall be borne by the importers or food business operators concerned.
Article 7 

1. By derogation from Article 2(2), for consignments which left the country of origin before the date of publication of this Decision, Member States shall accept the analytical report for the products listed in Article 1(a) and 1(b) without the official endorsement referred to in that provision.
2. By derogation from Article 2(1), for consignments which left the country of origin before the date of publication of this Decision, Member States shall accept the imports for the products listed in Article 1(c) and 1(d) without the analytical report referred to in that provision.
Article 8 
This Decision shall be reviewed by 22 May 2006 at the latest.
Article 9 
Decision 2004/92/EC is repealed.
Article 10 
This Decision is addressed to the Member States.
Done at Brussels, 23 May 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission