# L_2008050EN.01006501.xml

| 23.2.2008 | EN | Official Journal of the European Union | L 50/65 |
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23.2.2008

EN

Official Journal of the European Union

L 50/65

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COMMISSION DECISION

of 18 February 2008

amending Decision 2006/766/EC as regards the list of third countries and territories from which imports of fishery products in any form for human consumption are permitted

(notified under document number C(2008) 555)

(Text with EEA relevance)

(2008/156/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 organisation of official controls on products of animal origin intended for human consumption (1), and in particular Article 11(1) thereof,

Whereas:

| (1) | Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. Article 11 of that Regulation provides for the establishment of lists of third countries and parts of third countries from which imports of specific products of animal origin are permitted, and sets out criteria to be taken into account in the establishment of such lists. |
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(1)

Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. Article 11 of that Regulation provides for the establishment of lists of third countries and parts of third countries from which imports of specific products of animal origin are permitted, and sets out criteria to be taken into account in the establishment of such lists.

| (2) | Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (2) lists those third countries which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and are therefore able to guarantee that those products exported to the Community meet the sanitary conditions laid down to protect the health of consumers. |
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(2)

Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (2) lists those third countries which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and are therefore able to guarantee that those products exported to the Community meet the sanitary conditions laid down to protect the health of consumers.

| (3) | Annex II of that Decision lists the third countries and territories from which imports of fishery products in any form for human consumption are permitted. |
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(3)

Annex II of that Decision lists the third countries and territories from which imports of fishery products in any form for human consumption are permitted.

| (4) | Armenia is currently listed in that Annex but only for imports of ‘live non-farmed crayfish’. A Commission inspection carried out in that country in March 2007 showed that the relevant sanitary requirements for heat-processed and frozen non-farmed crayfish are met. Therefore, the listing for Armenia should be extended to also include heat processed non-farmed crayfish and frozen non-farmed crayfish. |
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(4)

Armenia is currently listed in that Annex but only for imports of ‘live non-farmed crayfish’. A Commission inspection carried out in that country in March 2007 showed that the relevant sanitary requirements for heat-processed and frozen non-farmed crayfish are met. Therefore, the listing for Armenia should be extended to also include heat processed non-farmed crayfish and frozen non-farmed crayfish.

| (5) | Montenegro, which is currently listed in Annex II to Decision 2006/766/EC but only for imports of ‘whole fresh fish from wild seawater catches’, has provided scientific information and submitted an additional application for the approval of imports of freshwater crayfish from that third country. The current limitation should therefore be deleted. Imports of fishery products should be authorised. |
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(5)

Montenegro, which is currently listed in Annex II to Decision 2006/766/EC but only for imports of ‘whole fresh fish from wild seawater catches’, has provided scientific information and submitted an additional application for the approval of imports of freshwater crayfish from that third country. The current limitation should therefore be deleted. Imports of fishery products should be authorised.

| (6) | Bosnia and Herzegovina is currently not listed in Annex II to Decision 2006/766/EC. A Commission inspection to that country was carried out from 29 August to 2 September 2005. It has been proven that the competent authorities have provided all necessary guarantees to satisfy the relevant sanitary conditions. Bosnia and Herzegovina should therefore be included in the list of third countries from which Member States may authorise imports of fishery products. |
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(6)

Bosnia and Herzegovina is currently not listed in Annex II to Decision 2006/766/EC. A Commission inspection to that country was carried out from 29 August to 2 September 2005. It has been proven that the competent authorities have provided all necessary guarantees to satisfy the relevant sanitary conditions. Bosnia and Herzegovina should therefore be included in the list of third countries from which Member States may authorise imports of fishery products.

| (7) | Bulgaria and Romania are currently listed in Annex II to Decision 2006/766/EC. However, as the list refers only to third countries, the application of those entries ceased upon their accession to the European Union. The listings for those two Member States should therefore be deleted. |
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(7)

Bulgaria and Romania are currently listed in Annex II to Decision 2006/766/EC. However, as the list refers only to third countries, the application of those entries ceased upon their accession to the European Union. The listings for those two Member States should therefore be deleted.

| (8) | Annex I of that Decision lists the third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted. Footnote 6 of Annex II referring to Morocco concerns additional requirements for certain processed bivalve molluscs. For reasons of consistency, it is therefore appropriate to move those requirements to Annex I. |
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(8)

Annex I of that Decision lists the third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted. Footnote 6 of Annex II referring to Morocco concerns additional requirements for certain processed bivalve molluscs. For reasons of consistency, it is therefore appropriate to move those requirements to Annex I.

| (9) | Decision 2006/766/EC should therefore be amended accordingly. |
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(9)

Decision 2006/766/EC should therefore be amended accordingly.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Annexes I and II to Decision 2006/766/EC are replaced by the text in the Annex to this Decision.

Article 2

This Decision shall apply from 1 March 2008.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 18 February 2008.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  
  OJ L 139, 30.4.2004, p. 206, as corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

1

(2)  
  OJ L 320, 18.11.2006, p. 53.

2

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ANNEX

‘ANNEX I

List of third countries from which imports of bivale molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted

(Countries and territories referred to in Article 11 of Regulation (EC) No 854/2004)

| ISO code | Countries | Remarks |
| --- | --- | --- |
| AU | AUSTRALIA | |
| CL | CHILE | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
| JM | JAMAICA | Only marine gastropods |
| JP | JAPAN | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
| KR | SOUTH KOREA | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
| MA | MOROCCO | Processed bivalve molluscs belonging to the species Acanthocardia tuberculatum must be accompanied by: (a) an additional health attestation in accordance with the model set out in Part B of Appendix V of Annex VI to Commission Regulation (EC) No 2074/2005 (OJ L 338, 22.12.2005, p. 27); and (b) the analytical results of the test demonstrating that the molluscs do not contain a paralytic shellfish poison (PSP) level detectable by the bioassay method. |
| NZ | NEW ZEALAND | |
| PE | PERU | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
| TH | THAILAND | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
| TN | TUNESIA | |
| TR | TURKEY | |
| UY | URUGUAY | |
| VN | VIETNAM | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |

ISO code

Countries

Remarks

AU

AUSTRALIA

CL

CHILE

Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

JM

JAMAICA

Only marine gastropods

JP

JAPAN

Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

KR

SOUTH KOREA

Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

MA

MOROCCO

Processed bivalve molluscs belonging to the species Acanthocardia tuberculatum must be accompanied by: (a) an additional health attestation in accordance with the model set out in Part B of Appendix V of Annex VI to Commission Regulation (EC) No 2074/2005 (OJ L 338, 22.12.2005, p. 27); and (b) the analytical results of the test demonstrating that the molluscs do not contain a paralytic shellfish poison (PSP) level detectable by the bioassay method.

NZ

NEW ZEALAND

PE

PERU

Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

TH

THAILAND

Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

TN

TUNESIA

TR

TURKEY

UY

URUGUAY

VN

VIETNAM

Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods

‘ANNEX II

List of third countries and territories from which imports of fishery products in any form for human consumption are permitted

(Countries and territories referred to in Article 11 of Regulation (EC) No 854/2004)

| ISO code | Countries | Remarks |
| --- | --- | --- |
| AE | UNITED ARAB EMIRATES | |
| AG | ANTIGUA AND BARBUDA | Only live crustaceans |
| AL | ALBANIA | |
| AM | ARMENIA | Only live non-farmed crayfish, heat processed non-farmed crayfish and frozen non-farmed crayfish. |
| AN | NETHERLANDS ANTILLES | |
| AR | ARGENTINA | |
| AU | AUSTRALIA | |
| BA | BOSNIA and HERZEGOVINA | |
| BD | BANGLADESH | |
| BR | BRAZIL | |
| BS | THE BAHAMAS | |
| BY | BELARUS | |
| BZ | BELIZE | |
| CA | CANADA | |
| CH | SWITZERLAND | |
| CI | IVORY COAST | |
| CL | CHILE | |
| CN | CHINA | |
| CO | COLOMBIA | |
| CR | COSTA RICA | |
| CU | CUBA | |
| CV | CAPE VERDE | |
| DZ | ALGERIA | |
| EC | ECUADOR | |
| EG | EGYPT | |
| FK | FALKLAND ISLANDS | |
| GA | GABON | |
| GD | GRENADA | |
| GH | GHANA | |
| GL | GREENLAND | |
| GM | GAMBIA | |
| GN | GUINEA CONAKRY | Only fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing.
  The reduced frequency of physical checks, provided for by Commission Decision 94/360/EC (OJ L 158, 25.6.1994, p. 41), shall not be applied. |
| GT | GUATEMALA | |
| GY | GUYANA | |
| HK | HONG KONG | |
| HN | HONDURAS | |
| HR | CROATIA | |
| ID | INDONESIA | |
| IN | INDIA | |
| IR | IRAN | |
| JM | JAMAICA | |
| JP | JAPAN | |
| KE | KENYA | |
| KR | SOUTH KOREA | |
| KZ | KAZAKHSTAN | |
| LK | SRI LANKA | |
| MA | MOROCCO | |
| ME | MONTENEGRO | |
| MG | MADAGASCAR | |
| MR | MAURITANIA | |
| MU | MAURITIUS | |
| MV | MALDIVES | |
| MX | MEXICO | |
| MY | MALAYSIA | |
| MZ | MOZAMBIQUE | |
| NA | NAMIBIA | |
| NC | NEW CALEDONIA | |
| NG | NIGERIA | |
| NI | NICARAGUA | |
| NZ | NEW ZEALAND | |
| OM | OMAN | |
| PA | PANAMA | |
| PE | PERU | |
| PF | FRENCH POLYNESIA | |
| PG | PAPUA NEW GUINEA | |
| PH | PHILIPPINES | |
| PM | ST PIERRE & MIQUELON | |
| PK | PAKISTAN | |
| RS | SERBIA
  Not including Kosovo as defined by the United Nations security Council Resolution 1244 of 10 June 1999 | Only whole fresh fish from wild seawater catches |
| RU | RUSSIA | |
| SA | SAUDI ARABIA | |
| SC | SEYCHELLES | |
| SG | SINGAPORE | |
| SN | SENEGAL | |
| SR | SURINAME | |
| SV | EL SALVADOR | |
| TH | THAILAND | |
| TN | TUNISIA | |
| TR | TURKEY | |
| TW | TAIWAN | |
| TZ | TANZANIA | |
| UA | UKRAINE | |
| UG | UGANDA | |
| US | UNITED STATES OF AMERICA | |
| UY | URUGUAY | |
| VE | VENEZUELA | |
| VN | VIETNAM | |
| YE | YEMEN | |
| YT | MAYOTTE | |
| ZA | SOUTH AFRICA | |
| ZW | ZIMBABWE | |

ISO code

Countries

Remarks

AE

UNITED ARAB EMIRATES

AG

ANTIGUA AND BARBUDA

Only live crustaceans

AL

ALBANIA

AM

ARMENIA

Only live non-farmed crayfish, heat processed non-farmed crayfish and frozen non-farmed crayfish.

AN

NETHERLANDS ANTILLES

AR

ARGENTINA

AU

AUSTRALIA

BA

BOSNIA and HERZEGOVINA

BD

BANGLADESH

BR

BRAZIL

BS

THE BAHAMAS

BY

BELARUS

BZ

BELIZE

CA

CANADA

CH

SWITZERLAND

CI

IVORY COAST

CL

CHILE

CN

CHINA

CO

COLOMBIA

CR

COSTA RICA

CU

CUBA

CV

CAPE VERDE

DZ

ALGERIA

EC

ECUADOR

EG

EGYPT

FK

FALKLAND ISLANDS

GA

GABON

GD

GRENADA

GH

GHANA

GL

GREENLAND

GM

GAMBIA

GN

GUINEA CONAKRY

Only fish that has not undergone any preparation or processing operation other than heading, gutting, chilling or freezing.

The reduced frequency of physical checks, provided for by Commission Decision 94/360/EC (OJ L 158, 25.6.1994, p. 41), shall not be applied.

GT

GUATEMALA

GY

GUYANA

HK

HONG KONG

HN

HONDURAS

HR

CROATIA

ID

INDONESIA

IN

INDIA

IR

IRAN

JM

JAMAICA

JP

JAPAN

KE

KENYA

KR

SOUTH KOREA

KZ

KAZAKHSTAN

LK

SRI LANKA

MA

MOROCCO

ME

MONTENEGRO

MG

MADAGASCAR

MR

MAURITANIA

MU

MAURITIUS

MV

MALDIVES

MX

MEXICO

MY

MALAYSIA

MZ

MOZAMBIQUE

NA

NAMIBIA

NC

NEW CALEDONIA

NG

NIGERIA

NI

NICARAGUA

NZ

NEW ZEALAND

OM

OMAN

PA

PANAMA

PE

PERU

PF

FRENCH POLYNESIA

PG

PAPUA NEW GUINEA

PH

PHILIPPINES

PM

ST PIERRE & MIQUELON

PK

PAKISTAN

RS

SERBIA

Not including Kosovo as defined by the United Nations security Council Resolution 1244 of 10 June 1999

Only whole fresh fish from wild seawater catches

RU

RUSSIA

SA

SAUDI ARABIA

SC

SEYCHELLES

SG

SINGAPORE

SN

SENEGAL

SR

SURINAME

SV

EL SALVADOR

TH

THAILAND

TN

TUNISIA

TR

TURKEY

TW

TAIWAN

TZ

TANZANIA

UA

UKRAINE

UG

UGANDA

US

UNITED STATES OF AMERICA

UY

URUGUAY

VE

VENEZUELA

VN

VIETNAM

YE

YEMEN

YT

MAYOTTE

ZA

SOUTH AFRICA

ZW

ZIMBABWE

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