L 27/52 Official Journal of the European Union 30.1.2004 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 January 2004 on emergency measures regarding chilli and chilli products (notified under document number C(2004) 68) (Text with EEA relevance) (2004/92[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 178/2002 of the Euro- pean Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (), and in particular Articles 53 and 54 thereof, Whereas: (1) According to Regulation (EC) No 178/2002 the Commission is to suspend the placing on the market or use of a food or feed that is likely to constitute a serious risk to human health, or take any other appropriate interim measure when such risk cannot be contained satisfactorily by means of measures taken by the Member States concerned. (2)  On 9 May 2003, France sent initial information through the rapid alert system for food and feed relating to discovery of the dye Sudan I in hot chilli products originating from India. There is no evidence that products of Community origin are concerned by such findings. (3)  Decision 2003/460/EC (*) on emergency measures regarding hot chilli and hot chilli products was adopted by the Commission on 20 June 2003. (4)  In implementation of Decision 2003/460/EC, Member States have carried out checks on the presence of the substance concerned and related substances in chilli and () OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (O] L 245, 29.9.2003, p. 4). () OJ L 154, 21.6.2003, p. 114. chilli products. There have been findings of Sudan I in chilli and chilli products. Other substances such as Sudan II, Sudan III and Scarlet Red (Sudan IV) have also been found in chilli and chilli products. A number of chilli products such as curry powders are concerned. All findings were notified through the rapid alert system for food and feed in compliance with Article 50 of Regu- lation (EC) No 178/2002. Sudan I, Sudan II, Sudan III and Scarlet Red (Sudan 1V) have been classified as category 3 carcinogens by the International Agency for Research on Cancer (IARC). The findings initially reported by France and confirmed by other findings in the European Union point to an adulteration constituting a serious health risk. Given the seriousness of the health threat and the posi- tive findings, it is necessary to maintain and extend the measures established by Decision 2003/460/EC. More- over, account should be taken of potential triangular trade, especially for products for which there is no offi- cial certification of origin. In order to protect public health, it is appropriate to require that consignments of chilli and chilli products imported into the Community in whatever form, intended for human consumption, should be accompanied by an analytical report provided by the importer or food business operator concerned demonstrating that the consignment does not contain Sudan I, Sudan II, Sudan III or Scarlet Red (Sudan IV). For the same reason, Member States should carry out random sampling and analysis of chilli and chilli products which are being imported or are already on the market.