. /.WORLD TRADE
ORGANIZATIONG/SPS/N/EEC/205
23 June 2003
(03-3352)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION OF EMERGENCY MEASURES
1. Member to Agreement notifying:   EUROPEAN COMMUNITIES
If applicable, name of local government involved:
2. Agency responsible:   General Directorate for H ealth and Consumer Protection
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers should be provided in addition, where
applicable):  Fruits of Capsicum spp . [CN 090420-30 or 090420-90] ICS:  67.220.10
(Spices and Condiments).
4. Regions or countries likely to be affected, to the extent relevant or practicable:
European Communities (EC) member States and third countries trading with the EC
5. Title, language  and number of pages of the notified document:  Draft Commission
Decision on emergency measures with regard to adulteration by Sudan red 1 of hot chilli
and hot chilli products (SANCO/2723/2003) 4 pages.
6. Description of content:
1. The urgent measures notified hereby provide that member States shall prohibit the
import of hot chilli and hot chilli products in whatever form, intended for human
consumption unless an analytical report accompanying the consignmentdemonstrates that the product does not contain Sudan red 1;
2. The competent authorities in the member States shall ensure that each consignment
of hot chilli and hot chilli products is subject to documentary checks to ensure thatthe requirements of paragraph 1 are complied with;  and
3. In the absence of such an analytical report, the importer established in the
Community shall have the product tested to demonstrate that it does not contain
Sudan red 1.  Pending availability of the analytical report, the product shall bedetained under official supervision.
7. Objective and rationale:  [  X ] food safety, [   ] animal health, [   ] plant protection,
[   ] protect humans from animal/plant pest or disease, [   ]  protect territory from other
damage from pestsG/SPS/N/EEC/205
Page 2
8. Nature of the urgent problem(s) and reason for urgent action:
• Article 53 of Regulation (EC) No 178/2002 of  the European Parliament and of the
Council of 28 January 2002 laying down the general principles and requirementsof food law, establishing the European Food Safety Authority and laying down
procedures in matters of food safety (OJ L031, 01/02/2002 pp:1-24 ) notified in
G/SPS/N/EEC/110  (8 February 2001) provides that where it is evident that food or
feed originating in the Community or imported from a third country is likely to
constitute a serious risk to human health (…) the Commission (….) on its owninitiative or at the request of a member State, in the case of food or feed imported
from a third country should suspend the imports of the food or feed in question and
lay down special conditions for the food or feed in question.
• A member State informed through the “rapid alert system for food and feed” the
findings of the dye Sudan red 1 in imported hot chilli products.  There is noevidence that products of Community origin are concerned by such findings
• Available experimental data indicate that Sudan red 1 (CAS N° 842-07-9) may be
a genotoxic carcinogen; therefore a tolerable daily intake may not be established.
• Sudan red 1 may also exert sensitising effects by dermal route or inhalation.
• It has also been classified as a category 3 carcinogen by the International Centre
for Cancer Research (IARC).
9. International standard, gu ideline or recommendation:
[   ] Codex Alimentarius Commission, [   ] Office International des Epizooties,
[   ] International Plant Prot ection Convention, [ X ] None
If an international standard , guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:
10. Relevant documents and language(s ) in which these are available:   SANCO/2723/2003
Draft Commission Decision on emer gency measures with regard to adulteration by Sudan
red 1 of hot chilli and hot chilli products (available in all Community languages, 4 pages).
11. Date of entry into force/period of application (as applicable):
12. Agency or authority designated to handl e comments:  [   ] National notification
authority, [   ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:
13. Texts available from:  [   ] National notification authority, [ X ] EC enquiry point,  or
address, fax number and E-mail address (if available) of other body:
Two analytical methods for the Screening of Sudan Red can be provided by the EC
Enquiry Point in request.