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"B COMMISSION DECISION
of 6 December 1995
laying down special conditions governing the import of fishery and aquaculture products originating in
Japan
(Text with EEA relevance)
(95/538/EC)
(OJ L 304, 16.12.1995, p. 52)
Amended by:
Official Journal
No page date
"M1 Commission Decision 2001/253/EC of 21 March 2001 L 91 81 31.3.20011995D0538 — EN — 15.05.2001 — 001.001 — 1
COMMISSION DECISION
of 6 December 1995
laying down special conditions governing the import of fishery and
aquaculture products originating in Japan
(Text with EEA relevance)
(95/538/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down
the health conditions for the production and the placing on the market offishery products (
1), as last amended by the the Act of Accession of Austria,
Finland and Sweden, and in particular Article 11 thereof,
Whereas a group of Commission experts has conducted an inspection visit to
Japan to verify the conditions under which fishery products are produced,
stored and dispatched to the Community;
Whereas the provisions of Japanese legislation on health inspection and
monitoring of fishery products may be considered equivalent to those laiddown in Directive 91/493/EEC;
Whereas the ‘Ministry of Health and Welfare — Veterinary Sanitary Division
(MHW-VSD)’, the competent authority in Japan, is capable of effectively
verifying the application of the laws in force;
Whereas the procedure for obtaining the health certificate referred to in
Article 11 (4) (a) of Directive 91/493/EEC must also cover the definition of a
model certificate, the minimum requirements regarding the language(s) inwhich it must be drafted and the grade of the person empowered to sign it;
Whereas, pursuant to Article 11 (4) (b) of Directive 91/493/EEC, a mark
should be affixed to packages of fishery products, giving the name of the thirdcountry and the approval number of the establishment of origin;
Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of
approved establishments must be drawn up; whereas that list must be drawn
up on the basis of a communication from the MHW-VSD to the Commission;
whereas it is therefore for the MHW-VSD to ensure compliance with theprovisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;
Whereas the MHW-VSD has provided official assurances regarding
compliance with the rules set out in Chapter V of the Annex to Directive
91/493/EEC and regarding fulfilment of requirements equivalent to those laid
down by that Directive for the approval of establishments;
Whereas the measures provided for in this Decision are in accordance with the
opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
Article 1
The Inspection and Safety Division (ISD) of the Ministry of Health, Labour
and Welfare shall be the competent authority in Japan for verifying andcertifying compliance of fishery and aquaculture products with therequirements of Directive 91/493/EEC.
Article 2
Fishery and aquaculture products originating in Japan must meet the
following conditions:
1. each consignment must be accompanied by a numbered original health
certificate, duly completed, signed, dated and comprising a single sheet in
accordance with the model in Annex A hereto;!B
(1) OJ No L 268, 24. 9. 1991, p. 15.!M11995D0538 — EN — 15.05.2001 — 001.001 — 2
2. the products must come from approved establishments, factory vessels,
cold stores or registered freezer vessels listed in Annex B hereto;
3. except in the case of frozen fishery products in bulk and intended for the
manufacture of preserved foods, all packages must bear the word‘JAPAN’ and the approval/registration number of the establishment,factory vessel, cold store or freezer vessel of origin in indelible letters.
Article 3
1. The certificate referred to in point 1 of Article 2 must be drawn up in at
least one official language of the Member States where the checks are carried
out.
2. Certificates must bear the name, capacity and signature of the
representative of the ISD and the latter’s official stamp in a colour different
from that of other endorsements.
Article 4
This Decision is addressed to the Member States.!M1
!B
!M1
!B1995D0538 — EN — 15.05.2001 — 001.001 — 3
ANNEX A
!M11995D0538 — EN — 15.05.2001 — 001.001 — 4
!M11995D0538 — EN — 15.05.2001 — 001.001 — 5
ANNEX B
LIST OF ESTABLISHMENTS
Approval No Establishment Address
0452001 Kyokuyo Shokuhin Co., Ltd
No 2 PlantShiogama-shi,
Miyagi 985
0951001 Taiyo Sea-Foods Co., Ltd Utsunomiya-shi,
Tochigi 321-32
2260001 K.K. Takaei Okitsu Kojo Shimizu-shi,
Shizuoka 424-02
2831001 Nippon Suisan Kaisha, Ltd
Himeji General PlantHimeji-shi,
Hyogo 670
2866001 Y amasa Kamaboko Co., Ltd
Yumesaki No 2 FactoryShikama-gun,
Hyogo 671-21
3404001 Osaki Suisan Co., Ltd Hiroshima-shi,
Hiroshima 733
3404002 CS Kyowareizou Co., Ltd Hiroshima-shi,
Hiroshima 733
2801001 CS Nippon Suisan Kaisha, Ltd
Rokko Island Cold StoreKobe-shi,
Hyogo 658!B1995D0538 — EN — 15.05.2001 — 001.001 — 6