EUROPEAN COMMISSION

Directorate-General for Trade

Directorate C – Sustainable Development, Bilateral Trade Relations

The Director

Brussels,

TRADE/C1/PL D(2011)

NOTE TO HEADS OF DELEGATION

Subject:            Dioxins contamination incident in Germany

Further to my note of 25 January 2011 (ref. ARES(2011)81488) about the dioxins incident in Germany, I would like to thank EU Delegations for closely following-up on this issue.

With this note, I wish to let you know that we are now moving towards the end of the crisis, judging by the reduced number of positive dioxins analyses, the reduced number of blocked farms and the positive evaluation of the corrective measures put in place in Germany. The positive evaluation of the situation was confirmed by the on-the-spot mission made from 26 to 28 January 2011 by the Food and Veterinary Office (FVO) of DG Sanco, and was strongly endorsed by the regulatory Standing Committee on the Food Chain and Animal Health (SCFCAH)[1].

In its mission, the FVO did not find any deficiency which would put into question the effectiveness of the corrective measures taken by the German authorities to tackle the dioxins contamination. The FVO observed that the measures, involving very significant resources, were found to be carried out in a professional and competent manner.

In its statement of 22 February 2011, the SCFCAH recognised that the:

–                   “German authorities have been managing the contamination incident very effectively and that the German authorities adopted a very strict precautionary approach to manage this incident in view of providing a high level of human health protection;

–                   Contamination incident is fully under control by the German authorities and there is no risk that potentially contaminated food shall be placed on the market“.

Unfortunately, as you can see from the enclosed overview table of measures taken by third countries, the EU still faces serious import restrictions. In most cases these restrictions affect Germany and pork products, and in few cases they affect the entire EU and all products of animal origin. More specifically, we have recently been informed that:

–                   Belarus and Ivory Coast have suspended imports of certain products from Germany;

–                   Moldova, which lifted the ban has introduced additional certification requirements to be provided by Germany (in practice, re-establishing a ban);

–                   Algeria, Argentina, China, Hong Kong, Ivory Coast, Japan, Oman, Philippines, Russia, Singapore, South Korea, Taiwan, Ukraine have introduced “hold and dioxin testing” measures (before products are allowed to enter their countries);

–                   Serbia has lifted all import restrictions of products imported from the EU (the first and, up to now, only third country where this has happened).

I would therefore ask EU Delegations to continue, in close contact with German representatives, to make sure that all concerns of the competent authorities of your host country are clearly identified, and that their requested reassurances are promptly provided by Germany or by the EU, or both. I would like in particular to ask EU Delegations to (re)contact – as soon as possible – the competent authorities of all these countries where import restrictions remain. They need to be aware of the above-mentioned positive evaluation of the FVO and the statement of the SCFCAH. We hope that this will allow them to promptly lift any unjustified or unnecessary import restriction.

We would also like to ask EU Delegations to continue to be vigilant in all the other third countries where measures have not yet been taken but where concerns persist. Here we need to avoid that disproportionate measures are taken.

In all cases, we all need to pass a strong message to third countries that the situation is under control, that there is no risk that potentially contaminated food shall be placed on the market, and no additional measures, e.g. dioxins testing of all consignments, are necessary.

Mr. Paulo Luciano (Paulo.Luciano@ec.europa.eu) and Ms. Taina Sateri (taina.sateri@ec.europa.eu) in DG Trade and Mr. Paul Van Geldorp (Paul.VAN-GELDORP@ec.europa.eu) in DG Sanco continue coordinating all the work related to this incident in Germany and remain available to provide you with any support.

We will keep you informed of any significant developments concerning this issue.

Ignacio Garcia Bercero

Encl.:       List of third countries

Cc:           Messrs Paola Testori Coggi, Bernard Van Goethem, Eric Poudelet, Michael Scannell, Lorenzo Terzi, Paul Van Geldorp, Ella Strickland, Willem Penning, Michael Flueh, Koen Van Dyck, Robert Vanhoorde, Frans Verstraete, Jan Baele, Adriaan Brouw (SANCO), Messrs Mauro Petriccione, Peter Thompson, Anders Jessen, Signe Ratso, Matthew Baldwin, Holger Standertskjold-Nordenstam, Ulrich Weigl, Cristina Lobillo-Borrero, Lothar Ehring, Christophe Kiener, Hans Joostens, Taina Sateri, Henrique Carvalho, Hanne Poulsen, Eva Llorenete, Paulo Luciano (TRADE)

South Korea 06.1.2011 EU Delegation/Mission to Korea

Germany

5.1.2011 Pork meat and products, poultry, eggs from Germany Not an import ban, but temporary suspension, products can be released if information received products not coming from farms contaminated

Information on 31/1/2011 from German Embassy: some consignments from DE already in Korea have been released on official guarantee that no pork originates from animals of contaminated farms

Information on 27/1/2011 from the EU Delegation: Korea has emphasised that suspensions can be revoked any time Korean authorities consider that they have received sufficient guarantees. Korea has considered, so far, the guarantees given too general and they have reverted questions back to Germany.

Japan 11.1.2011 EU Delegation Tokyo Exact date not known Pork meat and products, poultry, eggs from Germany Case-by-case checking at imports for dates of manufacturing, and their relationship with infected farms.
China 12.1.2011 German Perm Rep 11.1.2011 Pig meat and egg products from Germany; animal feed Edible pig products and egg products:

1. from 11.1.2011 “temporarily suspended “( a ban)

2. Products which already had been shipped before 11.1.2011 will be analysed (laboratory tested in China) and will be released if no findings. Animal feed: no ban, but increased testing

Hong Kong 12.1.2011 EU Delegation Hong Kong 10.1.2011

30.1.2011

All imported eggs and poultry from Germany “Hold and test” measure: imported products tested for dioxins and released if test result ok.

30/1/2011: Hong Kong: The Centre for Food Safety (CFS) of the Food and Environmental Hygiene Department announced that samples tested (66 dioxin tests)  were satisfactory, Hong Kong decided to withdraw the “hold and test” procedure to reduce it to sample checks.

Singapore 11.1.2011 Internet (www.ava.gov.sg 11.1.2011 All meat and meat products from Germany Food & Veterinary Authority (AVA) has taken the precautionary measure of imposing a “hold-and-test”. This requires import consignments of meat and meat products from Germany to be held back from release into the market until they have satisfactorily cleared tests for dioxins
Philippines 18.1.2011 EU Delegation Week of 10 February 2011 Temporary suspension of poultry meat/Pork and their products, eggs, milk, gelatine and processed animal proteins from Germany. The temporary suspension of the products from Germany is still a draft measure and has been enforced (Authority – PHIL Department of Agriculture – Bureau of Animal Industry). Contacts are established by European Commission and Germany.  EU has submitted letters on 19/01/2011 and 16.02.2011.
Ukraine 02.02.2011 Germany 01.02.2011 Live pigs, pork, poultry meat and products, feed 02/2/2011: New letter UA (dated 28.01.11) requiring additional certification for products stating levels of dioxin and PCB’s below EU standards.

Belarus

26.1.2011 Belarus CVO (Mr. Yuri Pivovarchik) 24.1.2011 Animal products, feed and feed additives from all the territory of Germany A new official Ministerial order, replaces the previous by extending the ban to all Germany territory. In the same day, Belarus received an official proposal from DE requesting the lift of the ban under certain conditions (pre-export testing protocol for export poultry and pig meat). This is a similar proposal as it was presented to Russia by DE. The outcome of this initiative is still to be known.
01.2.2011 German –Embassy MINSK 01.02.2011 - live animals for slaughter and fattening

- meat and meat products

- Finished food products of animal origin

- feed and feed additives made by chemical or microbiological synthesis

From 1st February 2011, these products are banned from Germany.

Day old chicks are not banned.

Russia

14.1.2011 Germany Exact date not yet known Requested DE not to issue certificates to live animals, animal products and feed processing plants under investigation; monitoring of eggs, poultry, pork. No ban. Controls at destination are tightened for products originating in Germany, the Netherlands and the UK.
20.1.2011 EUCBV

Germany

20.1.2011 Pork and pork products which were obtained after 1st November 2010.

Poultry and poultry products which were obtained after 1st November 2010

The consignments from Germany will be accepted in Russia only if they are accompanied by certification that they were subject to dioxin tests and that the result to these tests was below EU limit.

Russia requested similar conditions to poultry meat as applied to pork

02.2.2011 EUCBV

(Rosselkhoznadzor Internet website)

28.1.2011 Pork and poultry products Russia is since last Friday targeting measures on products imported from Germany on a case by case basis. Certain pork and poultry establishments are approved, others have temporary restrictions, others enhanced controls, others are banned. It remains unclear the criteria used by Russia to apply these different measures.

Internet links:

http://www.fsvps.ru/fsvps/importExport

Serbia 17.02.2011 Embassy of Serbia in Brussels Measure taken on 12.02.2011 effective from 17.02.2011 Import measures were lifted on all products from the EU The Serbian authorities have informed the European Commission that the General Inspectorate of the Ministry of Agriculture has issued on 12.02.2011 an instruction addressed to their inspectors lifting the dioxins import ban of all products from the EU. This is effective as from 17.02.2011.
Argentina 26.1.2011 Argentinean Mission in Brussels 24.1.2011 Pig meat and poultry products, eggs, and its products Argentina requires that these products from Germany and the Netherlands to be tested in the laboratory for dioxins and PCBs.
Taiwan 02.02.2011 Germany 28.1.2011 Composite products of animal origin from Germany Letter from Mr. Kang Chao-chou, Director of the Food and Drug Administration addressed to Germany requires certification to prove absence of dioxins (more details are needed to better understand the scope and additional certification requirements)
Oman 14.02.2011 EU Delegation Riyadh 20.01.2011 All products of animal origin from the entire EU The Veterinary Quarantine Administration of the Omani Ministry of Agriculture issued a notice concerning dioxins. The European Commission was also informed that all consignments of animal origin, especially milk products, should be certified by a government laboratory that they are not contaminated with dioxins.


Algeria 14.1.2011 Germany ??? ??? No information about the nature of the import restrictions (under verification/confirmation).
Moldova 18.1.2011 EU Delegation and Germany First Decree of 14.01.2011, reviewed on 21.01.2011(ban) and 28.01.2011 (ban lifted with additional certification conditions) Live animals, animal products and feed Testing of dioxins for all batches (due to its high cost, in practice it leads to a ban on certain products, in particular exports of dairy products)
Ivory Coast 26.01.2011 Germany 13.01.2011 Ban on import of meat,  eggs and their products from Germany In its official press release of 13.01.2011, the Ministry of Agriculture bans products from Germany and requires a certificate of dioxins analyses issued by the competent authority of all countries (other than Germany) exporting these products to Ivory Coast.

Legend of third countries:    Import ban [in red]

“Hold and test” import measures, or additional certification requirements, or both [black]

Information under verification or where additional information is being gathered [highlighted in yellow]

Lifted import bans or other restrictions [green]


[1] Established following the adoption of Regulation (EC) 178/2002, the SCFCAH covers the entire food  and feed supply chain, ranging from animal health issues on the farm to the product that arrives on the consumer’s table, therefore significantly enhancing its ability to target risks to health wherever they arise in the production of our food and feed. It is chaired by a European Commission representative, and includes representatives of the EU Member States.

Agendas and reports of meetings of the eight sections of the SCFCAH can be found at the following Internet website: http://ec.europa.eu/food/committees/regulatory/index_en.htm

01/03/2011

Another 1,000 farms closed for dioxin

Published: 15 Jan 11 15:03 CET

Nearly another 1,000 German farms have been closed as the scope of the dioxin animal feed scandal continues to widen, the government confirmed on Saturday.

Agriculture Minister Ilse Aigner reacted angrily to the new wave of closures, after a feed producer in Damme, Lower Saxony, admitted it had not previously disclosed its connection with the firm which delivered contaminated ingredients.

The closures included 110 egg producers, 403 pig-fattening farms and 248 piglet farms, the ministry said. The feed producer in Damme was seemingly supplying farms across North Rhine-Westphalia, Brandenburg and Bavaria.

The Lower Saxony state prosecutor is examining the case for potential gross negligence – the state Agriculture Ministry said, it was investigating to try to discover why the firm, “delivered the complete lists [of suppliers] late and only after massive pressure from the authorities.”

It seems products – largely eggs – which should not have been distributed due to dioxin contamination, reached the market for around 10 days, although it is not thought that public health is at risk.

Aigner called for Lower Saxony premier David McAllister to be tough, saying, “This is a scandal within a scandal.” McAllister was told to deliver a full report by Saturday afternoon, and to enforce punishments on those responsible by the evening.

It is particularly embarrassing for Aigner as she visited the Lower Saxony state consumer protection and food safety office on Friday and was emphatically reassured that everything was being done to get the dioxin scandal under control.

DADP/hc

http://www.thelocal.de/national/20110115-32451.html

17/01/2011. 09:05 hrs.

Dioxin scandal: Fat supplier files for bankrupcy

//14 Jan 2011

The feed company Harles and Jentzsch, which is accused of causing the German dioxin scandal, has filed for bankruptcy.

Harles & Jentzsch from Uetersen in Schleswig-Holstein on Wednesday afternoon at the District Court of Pinneberg submitted an application for insolvency. As a provisional liquidator, the court had appointed a lawyer from Hamburg.

The company is suspected of having marketed dioxin-contaminated industrial fats as feed fats and thus caused the recent dioxin scandal where thousands of farms are involved that have received contaminated feeds.

Last week already the GMP+ accreditation of the company was withdrawn. Sources said Harles & Jentzsch had GMP+ certification for its major processing unit, but the contaminated fats were processed at a different location which was not audited.

http://www.worldpoultry.net/news/dioxin-scandal-fat-supplier-files-for-bankrupcy-8378.html

17/01/2011. 09:00 hrs.

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