
Article 1 
This Decision shall apply to consignments of crustaceans of aquaculture origin imported from India and intended for human consumption or animal feed (hereinafter referred to as ‘consignments of crustaceans’).
Article 2 

1. Member States shall authorise the importation into the Community of the consignments of crustaceans provided that they are accompanied by the results of an analytical test carried out at origin to ensure that they do not present a danger to human health.
2. The analytical test must be carried out, in particular, with a view to detecting the presence of nitrofurans or their metabolites in conformity with Decision 2002/657/EC.
Article 3 

1. By way of derogation from Article 2, Member States shall authorise the importation of consignments of crustaceans that are not accompanied by the results of an analytical test provided that the importing Member State ensures that each consignment undergoes all appropriate checks on arrival at the Community border to ensure that they do not present a danger to human health.
2. The consignments referred to in paragraph 1 shall be detained at the Community border until laboratory tests show that the metabolites of nitrofurans are not present at concentrations in excess of the Community Minimum Required Performance Limit (MRPL) of 1 μg/kg as defined in Decision 2002/657/EC.
Article 4 

1. Member States shall immediately inform the Commission if the analytical test referred to in Article 3(2) reveals the presence of metabolites of nitrofurans at concentrations in excess of the decision limit (CC-alpha) of the confirmatory analytical method used, in accordance with Article 6 of Decision 2002/657/EC.
2. If the analytical test reveals the presence of nitrofurans or their metabolites at concentrations in excess of the Community (MRPL) the consignments may not be placed on the market.
3. Member States shall use, for the submission of the information referred to in paragraph 2, the rapid alert system for food and feed set up by Regulation (EC) No 178/2002.
4. Member States shall submit to the Commission every 3 months a report of all the results of the analytical tests. The common reporting format, set out in the Annex to this Decision shall be used.
5. The reports shall be submitted during the month following each quarter (April, July, October, and January).
Article 5 
All expenditure incurred in the application of this Decision shall be charged to the consignor, the consignee or the agent of either.
Article 6 
Member States shall immediately inform the Commission of the measures they take to comply with this Decision.
Article 7 
This Decision shall be reviewed on the basis of the guarantees offered by India, and the results of the analytical tests carried out by the Member States.
Article 8 
This Decision is addressed to the Member States.
Done at Brussels, 30 September 2009.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX
Type of crustaceans Sample code Date of analysis(dd/mm/yyyy) Result(μg/kg) CCα of the confirmatory method > MRPL (1 μg/kg)Y/N Decision (Rejected/Redispatched/Destroyed/Placed on the Market)
      
      
      
      
      
      
      
      
      
      