2001D0338 — EN — 15.07.2003 — 001.001 — 1
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►B COMMISSIONDECISION
of27April2001
concerning certain protective measures with regard to bivalve molluscs from or originating in
Peru
(notified under document number C(2001) 1180)
(TextwithEEArelevance)
(2001/338/EC)
(OJ L 120, 28.4.2001, p. 45)
Amended by:
Official Journal
No page date
►M1Commission Decision 2003/509/EC of 10 July 2003 L 174 40 12.7.2003
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COMMISSIONDECISION
of27April2001
concerning certain protective measures with regard to bivalve
molluscsfromororiginatinginPeru
(notified under document number C(2001) 1180)
(TextwithEEArelevance)
(2001/338/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 97/78/EC of 18 December 1997
laying down the principlesgoverning the organis ation of veterinary
checkson productsentering the Community from third countries (1),
and in particular Article 22(1) thereof,
Whereas:
(1)In accordance with Article 22 of Directive 97/78/EC, the neces-
sary measures must be adoped as regards the import of certainproducts from third countries where any cause likely to consti-tute a serious danger for animal or human health appears or is
spreading.
(2)A Community inspection to Peru has shown serious deficiencies
with regard to hygiene in bivalve mollusc production areas, andhas demonstrated that there are insufficient guarantees about the
efficiency of the controlscarried out by the competent authori-
ties.
Nevertheless, the Community inspection team has identified that
the controlson evis cerated Pectinidae harvested from certain
aquaculture areasand on the adductor mus clesof non-aquacul-turePectinidae completely separated from the viscera and
gonads, are sufficient to assure the safety of these products.There isa ris k for public health with regard to the importsof
bivalve molluscs from or originating in Peru, and it is thus
appropriate to suspend them with immediate effect, with theexception of the Pectinidae products, under certain conditions.
(3)Considering the seriousness of the shortcomings identified
during the inspection, the provisions of this Decision must be
also applied to the products which have been dispatched to theCommunity before the entry into force of thisDecis ion andpresented for importation into the Community after its entryinto force.
Furthermore, Pectinidae harvested form certain aquaculture areas
and eviscerated and, the adductor muscles of non-aquaculturePectinidae completely separated from the viscera and gonads,
dispatched to the Community before the entry into force of this
Decision and presented for importation into the Community afterits entry into force, should be checked in order to demonstratethe absence of marine biotoxins.
(4)ThisDecis ion will be reviewed in the light of the guaranteesoffered by the Peruvian authorities and on the basis of the resultsof a further Community inspection on the spot.
(5)The measures provided for in this Decision are in accordancewith the opinion of the Standing Veterinary Committee,2001D0338 — EN — 15.07.2003 — 001.001 — 2
(1) OJ L 24, 30.1.1998, p. 9.
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HAS ADOPTED THIS DECISION:
Article 1
This Decision shall apply to bivalve molluscs, echinoderms, tunicates
and marine gastropods coming from or originating in Peru.
Article 2
1. Member Statess hall prohibit the introduction on their territory of
productsreferred to in Article 1.
2. By derogation to the above prohibition, Member Statess hall
accept the following products:
(a)Pectinidae harvested in the aquaculture areas of Pucusana (001),
Guayanuna (002), La Mina/Bahia Lagunilla (003) and Isla Tortuga(004), provided that they are eviscerated;
(b) adductor muscles of Pectinidae , provided that the viscera and the
gonadshave been completely removed.
Article 3
1. The provisions of Article 2(1) shall apply to consignments
dispatched to the Community prior to the entry into force of this Deci-sion and which are presented at the Community border inspection postfor importation after itsentry into force.
2. Consignments of products referred to in Article 2(2), dispatched
to the Community prior to the entry into force of thisDecis ion and
which are presented at the Community border inspection post forimportation after its entry into force shall be checked in order to ensurethat the productsconcerned do not pres ent a hazard to human health.This test must be carried out, in particular, with a view to detectingthe presence of ASP, DSP and PSP.
Article 4
All expenditures incurred by the application of this Decision shall be
charged to the consignor, the consignee or their agent.
Article 5
Member States shall modify the measures they apply to trade to bring
them into line with this Decision. They shall immediately inform the
Commission thereof.
Article 6
This Decision shall be reviewed on the basis of the guarantees provided
by the Peruvian competent authorities and on the basis of the results ofa Community inspection on the spot.
Article 7
This Decision is addressed to the Member States.2001D0338 — EN — 15.07.2003 — 001.001 — 3
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