EN    EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/10575/2016 CIS Rev. 4 
(POOL/G4/2016/10575/10575R4 -EN 
CIS.doc)  
[…](2016) XXX  draft  
  
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No 2074/2005 as regards official controls on fishery products 
caught by vessels flying the flag of a Member State and introduced into Union after 
being transferred in third countries and establishing a model health certificate for those 
products  
(Text with EEA relevance)    
EN 2   EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending  Regulation (EC) No 2074/2005 as regards official controls on fishery products 
caught by vessels flying the flag of a Member State and introduced into Union after 
being transferred in third countries and establishing a model health certificate for those 
products  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EC) No 853/2004 of the European Parliament and of the 
Council of 29 April 2004 laying down specific hygiene rules for food of animal origin1, and in 
particular the second paragraph of Article 9 thereof , 
Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the 
Council of 29 April 2004 laying down specific rules for the o rganisation of official controls 
on products of animal origin intended for human consumption2, and in particular the second 
paragraph of Article 16 thereof,  
Whereas:  
(1) In order to safeguard public and animal health, products from the Union which are 
transfer red, with or without storage, through third countries are regarded as no longer 
complying with the requirements for those products laid down in Union legislation. 
Consequently, Council Directive 97/78/EC3 provides that Member States are required 
to ensure that veterinary checks are carried out on consignments of these  products 
introduced into the Union from third countries.  
(2) Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of 
animal origin for food business operators, including rules for fishery products. In 
addition, Regulation (EC) No 854 /2004 lays down rules for official controls to be 
carried out  on products of animal origin intended for human consumption. Regulation 
(EC) No 854/2004  provides that a document meeting certain requirement s is to 
accompany consignments of products of animal origin when they enter the Union and 
official controls of tho se products are  to take place in accordance with that Regulation.  
(3) Commission Regulation (EC) No 2074/20054 sets out  model health certificates  and 
documents for imports of certain products of animal origin for the purposes of 
                                                 
1 OJ L  139, 30.4 .2004.p.  55. 
2 OJ L 155, 30.4.2004, p.  206. 
3 Council Directive 97/78/EC  of 18 December 1997 laying down the principles governing the 
organisation of veterinary checks on products entering the Community from third countries  (OJ L 24, 
30.1.1998, p. 9) . 
4 Commission Regulation (EC) No 2074/2005  of 5 December 2005 laying down implementing measures 
for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council 
and for the organisation of official controls under Regulation  (EC) No 854/2004 of the European 
Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the  
EN 3   EN Regulations (EC) Nos 853/2004 a nd 854/2004 , including one for imports of fishery 
products in Annex VI thereto.   
(4) Member States and stakeholder organisations have requested the Commission to 
establish a model health certificate f or consignments of fishery products intended for 
human consu mption caught by vessels flying the flag of a Member State and 
transferred  in third countries, with or without storage, to be signed by the competent 
authority  in the third country  in order to harmonise the information to be provided 
when such consignments  are entering the Union territory.  
(5) The model of health certificate should specifically refer to the relevant provisions 
concerning the landing, unloading and storing of fishery products laid down in 
Chapters II and VII  of Section VIII of Annex III to Regulation (EC) No 853/2004.   
(6) The model of health certificate  should also be compatible for use with the electronic 
trade control and expert system (TRACES)5 used for the exchange of health 
certificates between the third countries and the Member States .  
(7) It is therefore appropriate to establish a harmonised model of health certificate to be 
signed by the competent authority  in the third country through which the fishery 
products are transferred , before they are dispatched to the Union.  
(8) Regulation (EC) No 2 074/2005 should be amended accordingly.  
(9) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing Committee on Plants, Animals, Food and Feed,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EC) No 2074/2005  is amen ded as follows : 
(a) The following Article 6c is inserted:  
'Article 6c  
Requirements concerning the official controls on fishery products caught by 
vessels flying the flag of Member States  entering the Union after being 
transferred  in third countries with or  without storage  
1. Fishery products intended for human consumption caught by  vessels  flying the 
flag of a Member State , unloaded, with or without storage, in third countries 
before entering  the Union by  a different means of transportation , must be 
accompa nied by a health certificate issued by the competent authority of that 
third country  and completed in accordance with the model health certificate set 
out in Appendix VIII to Annex VI . 
2. The third country where the transfer takes place must be listed as provided for 
in Article 11(1) of Regulation (EC) No 854/2004 . 
3. If the fishery products referred to in paragraph 1 are unloaded and transported 
to storage  facility located in the third country  referred to in that paragraph , that 
storage facility shall appear in a list as provided for in Article 12 of Regulation 
(EC) No 854/2004 . 
                                                                                                                                                         
Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council 
and amending Regulation s (EC) No 853/2004 and (EC) No 854/2004  (OJ L  338, 22.12.2005,  p. 27). 
5 Commission Decision 2004/292, 30.3.2004;  OJ L 94, 31.3.2004, p.  63.  
EN 4   EN 4 If the fishery products referred to in paragraph 1 are loaded in a vessel flying 
the flag of a third country, that third country must be listed as provided for in 
Article 11(1 ) of Regulation (EC) No 854/2004 and the vessel must appear in a 
list as provided for in Article 12 of Regulation (EC) No 854/2004.  
Container vessels used to transport containerised fishery products are excluded 
from th is requirement .  
(b) Annex VI is amended in accordance with the Annex to this Regulation.  
Article 2 
This Regulation shall enter into force on the  third  day following that of its publication in the 
Official Journal of the European Union . 
It shall apply from 1st July 2018   
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUN CKER