S.L. 437.90 Art. 10Threats to human health.

(1) If a hygiene problem likely to pose a serious risk to human health arises or spreads in the territory of a third country, the Commission, either on its own initiative or at the request of a Member State, shall take the following measures without delay, depending on the seriousness of the situation:

(i) suspend imports from all or part of the third country concerned and, where necessary, from the transit third country, and, or

(ii) lay down special conditions for foodstuffs from all or part of the third country concerned.

(2) The Commission may, in the case provided for in sub-rule (1), take interim protective measures regarding the foodstuffs concerned.

(3) Except in an emergency, the Commission shall consult the Member States before taking the measures referred to in sub-rules

(1) and (2).

(4) The Commission shall notify the Council and the Member States without delay of any decision taken pursuant to sub-rules (1) and (2). Any Member State may refer the Commission’s decision to the Council within thirty days of the notification referred to in sub-rule (1). The Council, acting by a qualified majority, may confirm, amend or revoke the decision adopted by the Commission. If the Council has not taken a decision within thirty days, the decision of the Commission is deemed to be revoked.

(5) Where a Member State officially informs the Commission of the need to take safeguard measures and the Commission has not had recourse to the provisions of sub-rules (1) and (2), that Member State may take interim protective measures with regard to imports of the foodstuffs in question.

When a Member State takes interim protective measures, it shall inform the other Member States and the Commission.

Within ten working days, the Commission shall put the matter before the Standing Committee on Foodstuffs in accordance with the procedure laid down in rule 14 with a view to the extension, amendment or abrogation of the national interim protective measures.