. /.WORLD TRADE
ORGANIZATIONG/SPS/N/EEC/141
15 November 2001
(01-5805)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION
1. Member to Agreement notifying:  EUROPEAN COMMUNITIES
If applicable, name of local government involved:           
2. Agency responsible:  European Commission, Directorate General for Health and Consumer
Protection
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers may be provided in addition, where
applicable).  Bivalve molluscs, of the species Pecten maximus  and Pecten jacobaeus
(TARIC position 0307) Regions or countries likely to be affected, to the extent relevant
or practicable:  EC member States and third countries trading with the European
Communities
4. Title and number of pages of the notified document:  Draft Commission Decision
establishing special health checks for the harvesting and processing of certain bivalve
molluscs with a level of amnesic shellfish poison (ASP) exceeding the limit laid down by
Council Directive 91/492/EEC  (Page 5).
5. Description of content:  Council Directive 91/492/EEC lays down the health conditions for
the production and the placing on the market of live bivalve molluscs. Chapter V point 7 of
the Annex to the Directive establishes that the level of amnesic shellfish poison (ASP) of 20
micrograms per gram must not be exceeded in the edible parts of bivalve molluscs intended
for human consumption.  For bivalve molluscs belonging to the species Pecten maximus
and Pecten  jacobaeus , scientific studies showed that with a Domoic Acid (DA)
concentration in the whole body between 20 and 250 micrograms per gram, with aharvesting regime under certain restrictive conditions and after a total removal of
hepatopancreas, soft tissues and any other contaminated part, the concentration of DA in the
edible parts intended for human consumption is normally below the legal limit of 20
micrograms per gram.  In the light of recent scientific studies, it is important to allow, at the
present time, higher ASP level for the harves ting of bivalve molluscs belonging to the
species referred to above, under a specific decision limited to this objective.  The purpose of
the present proposal is to allow the harvesting of bivalve molluscs belonging to the species
Pecten maximus  and Pecten  jacobaeus with a higher level of ASP in the whole body ,
maintaining the legal limit of amnesic shellfish po ison (ASP) in the edible parts.  Only after
total removal of contaminated parts and under certain conditions, can these molluscs beplaced on the market for human consumption.
6. Objective and rationale: [  X ] food safety,  [     ] animal health,  [     ] plant protection,
[    ] protect humans from animal/plant pest or disease, [     ] protect territory from
other damage from pests           G/SPS/N/EEC/141
Page 2
7. An international standard, guideline or recommendation does not exist [  X ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:           
8. Relevant documents and language(s) in which these are available:  European
Commission Document SANCO/ 1953/2001/Rev 4 (Available in Spanish, French and
English)
9. Proposed date of adoption:  24 October 2001
10. Proposed date of entry into force:  After SPS consultation
11. Final date for comments:  45 days after the date of publication
Agency or authority designated to handle comments:  [     ] National notification
authority, [  X ] EC enquiry point, or address, fax number and E-mail address (if
available) of other body:           
12. Texts available from: [     ] National notification authority, [  X ] EC enquiry point or
address, fax number and E-mail address (if available) of other body: