
Article 1 
Articles 2, 3 and 4 of Decision 2008/630/EC are replaced by the following:
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Article 2 

1. Member States shall authorise the importation into the Union of consignments of the products provided that they are accompanied by the results of an analytical test carried out at the place of origin to ensure that they do not present a danger to human health (“the analytical test”).
2. The analytical test must have been carried out on an official sample, in order to detect the presence of residues of pharmacologically active substances, as defined in Article 2(a) of Regulation (EC) No 470/2009 of the European Parliament and of the Council, and in particular they must have been tested for the presence of:
— chloramphenicol, tetracycline, oxytetracycline, chlortetracycline,
— metabolites of nitrofurans,
— malachite green and crystal violet and their respective leuco-metabolites.
3. By way of derogation from paragraph 1, Member States shall authorise the importation of consignments of the products that are not accompanied by the results of the analytical test provided that the Member State concerned ensures that each consignment undergoes appropriate checks including the analytical test of official samples on arrival at the border inspection post of the point of entry into the Union to ensure that they do not present a danger to human health.
Article 3 
Member States shall, by using appropriate sampling plans, ensure that official samples are taken from at least 20 % of the consignments referred to in Article 1.
Those official samples shall undergo analytical tests for the detection of the presence of residues of pharmacologically active substances, as defined in Article 2(a) of Regulation (EC) No 470/2009, and in particular they must have been tested for the presence of chloramphenicol, tetracycline, oxytetracycline, chlortetracycline and metabolites of nitrofurans.
Article 4 
The consignments from which official samples have been taken pursuant to Article 2(3) and Article 3 shall be kept under official detention by the competent authority of the Member State concerned, until the analytical tests have been completed.
Those consignments can be placed on the market only if the results of the analytical tests confirm that the consignments comply with Article 23 of Regulation (EC) No 470/2009.
Article 4a 
Member States shall immediately inform the Commission of the results of the analytical tests if those tests reveal the presence of residues of any pharmacologically active substance:

((a)) classified in accordance with Article 14(2)(a), (b) or (c) of Regulation (EC) No 470/2009 at a level exceeding the maximum residue limit established pursuant to that Regulation; or
((b)) not classified in accordance with Article 14(2)(a), (b) or (c) of Regulation (EC) No 470/2009.
The results of those analytical tests shall be notified to the Commission via the rapid alert system established pursuant to Article 50(1) of Regulation (EC) No 178/2002. The Member State concerned is not required to notify the Commission of the results of such tests via the rapid alert system where the level of residues of pharmacologically active substance is lower than:

((i)) the reference point for action established for that substance pursuant to Article 18 of Regulation (EC) No 470/2009; or
((ii)) the minimum required performance limit established for that substance referred to in Article 4 of Commission Decision 2002/657/EC.
Article 4b 
Member States shall prepare a report every three months, giving an account of all the results of all analytical tests carried out in the previous three months on consignments of the products from Bangladesh.
Those reports shall be submitted to the Commission during the month following each three-month period, in April, July, October, and January.'.
Article 2 
This Decision shall apply from 15 July 2010.
Article 3 
This Decision is addressed to the Member States.
Done at Brussels, 12 July 2010.
For the Commission
John DALLI
Member of the Commission