1994D0205 — EN — 01.01.1995 — 001.001 — 1
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►B COMMISSION DECISION
of 8 April 1994
laying down special conditions for the import of frozen or processed scallops and other Pectinidae
originating in Japan
(Text wit EEA relevance)
(94/205/EC)
(OJ L 99, 19.4.1994, p. 38)
Amended by:
OfficialJournal
No page date
►M1 Commission Decision 95/81/EC of 17 March 1995 L 66 24 24.3.1995
Corrected by:
►C1 Corrigendum, OJ L 120, 11.5.1994, p. 62 (94/205)
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▼B
COMMISSION DECISION
of 8 April 1994
laying down special conditions for the import of frozen or processed
scallops and other Pectinidae originating in Japan
(Text with EEA relevance)
(94/205/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 placing on the marketof fishery products (
1) and in particular Article 11 thereof,
Whereas Article 3 (4) of Directive 91/493/EEC lays down that bivalve
molluscs for processing must comply with the provisions of CouncilDirective 91/492/EEC of 15 July 1991 laying down the health condi-tions for the production and placing on the market of live bivalvemolluscs (
2); whereas, moreover, bivalve molluscs for processing must
meet certain conditions laid down in Directive 91/493/EEC;
Whereas a group of Commission experts has conducted an inspection
visit to Japan to verify the conditions under which scallops are producedand placed on the market;
Whereas Japanese legislation makes the veterinary health department of
the Ministry of Health and Welfare responsible for health legislationconcerning scallops, and the Public Health Centres in the local Prefec-tures responsible for health inspections and for monitoring the condi-tions of hygiene and cleanliness pertaining to production;
Whereas Japanese legislation requires each package of frozen or pack-
aged scallops to be identified by an official stamp indicating the dateand place of harvest, the approval number of the establishment, theproduction date and the name of the body responsible for dispatch;
Whereas the competent Japanese authorities have provided official
assurances regarding compliance with the requirements specified inChapter V of the Annex to Directive 91/492/EEC and with requirementsequivalent to those prescribed in that Directive for the classification ofproduction and public health control and production monitoring;
Whereas, with a view to complying with Article 3 (4) of Directive
91/493/EEC as regards frozen or processed scallops, the productionareas from which live scallops may be harvested must be established;
Whereas the procedure for obtaining a health certificate referred to in
Article 11 (4) (a) of Directive 91/493/EEC must include the definitionof a modelcertificate, the l anguage(s) in which it must be drawn up andthe qualifications of the signatory;
Whereas, in accordance with Article 11 (4) (b) of Directive 91/
493/EEC, a mark should be affixed to packages of frozen or processedscallops, giving the name of the third country and the approval numberof 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 this list must bedrawn up on the basis of a communication to the Commission from theJapanese Ministry of Health and Welfare; whereas it is therefore for thesaid Ministry to ensure compliance with the provisions laid down to thisend by Article 11 (4) of Directive 91/493/EEC;
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 268, 24. 9. 1991, p. 1.
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Whereas the Ministry of Health and Welfare has given official assur-
ances regarding compliance with the rules set out in Chapter V of theAnnex to Directive 91/493/EEC and regarding fulfilment of the condi-tions equivalent to those laid down by the said Directive for theapproval of establishments; whereas, in particular, the said Ministry hasundertaken to sample and test for toxins in each consignment of scal-lops bound for the Community;
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 Veterinary Hygiene Department of the Ministry of Health and
Welfare and the Public Health Centre of the Prefectures which answerto it shall be the competent authority in Japan for verifying and certi-fying that scallops and other Pectinidae meet the requirements ofDirective 91/493/EEC, and in particular Article 3 (4) thereof.
Article 2
Frozen or processed scallops and other Pectinidae originating in Japan
and intended for human consumption must meet the following condi-tions.
1. Each consignment must be accompanied by a numbered original
health certificate, duly completed, signed, dated and comprising asingle sheet in accordance with the model in Annex A hereto;
2. The scallops and other Pectinidae must have been harvested after the
adoption of this Decision in the authorized production areas listed inAnnex B hereto;
3. The scallops and other Pectinidae must be prepared, frozen or
processed and packed by an approved establishment included in thelist in Annex C hereto;
4. Each package must bear the word Japan and the following informa-
tion:
— the date and place of harvesting,— the approvalnumber of the establ ishment,— the production date,— the name of the body responsible for the consignment.
Article 3
1. Certificates as referred to in Article 2 (1) must be drawn up in at
least one official language of the Member State in which the check iscarried out.
2. Certificates must bear the name, capacity and signature of the
representative of the Public Health Centre of the competent Prefectureand its official seal, in a colour different from that of other endorse-ments.
Article 4
Each consignment must be subjected to an analysis for toxins on arrival
in the Community. Customs clearance may not take place until theresults of the analysis have demonstrated that the criteria set out in theAnnex, Chapter V point 6 and 7 of Directive 91/492/EEC, have beenrespected.
Article 5
This Decision shall be reviewed by 31 May 1994 at the latest.
Article 6
This Decision is addressed to the Member States.
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ANNEX A

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1994D0205 — EN — 01.01.1995 — 001.001 — 6
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ANNEX B
Production areas authorized for the harvesting of scallops and other pecti-
nidae meeting the conditions laid down in Chapter I (1) (a) of the Annex to
Council Directive 91/492/EEC
1. Mutsu Bay, Aomori
2. The mouth of Funka Bay, Hokkaido3. The western part of Funka Bay, Hokkaido4. The eastern part of Funka Bay, Hokkaido5. The nothern part of the Sea of Okhotsk, Hokkaido6. The southern part of the Sea of Okhotsk, Hokkaido7. Lake Saroma, Hokkaido
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▼M1
ANNEX C
List of establishments approved for the export of frozen or processed scal-
lops and other Pectinidae to the European Community
ApprovalNo Name and address
0188001 MARUSIN TERAMOTO SYOTEN
39-1, Akebonocho, Yuubetsu-cho, Monbetsu-gun,Hokkaido, Japan
0188002 HOKUYUU SHOKUHIN KOGYO CO., LTD
106-1, Kitaheison 1-ku, Kamiyuubetsu-cho,Monbetsu-gun,Hokkaido, Japan
0188003 HOKUSHO FISHERY CO., LTD
51, Naniwa, Saroma-cho, Tokoro-gun,Hokkaido, Japan
0191001 MARUKICHI CO., Inc.
5-2, Higashi 2-chome, Kita 3-jyo, Abashiri-shi,Hokkaido, Japan
0191002 TOKORO FISHERIES CO-OPERATIVE ASSOCIA-
TION — Refrigeration plant23-4, Higashihama, Tokoro-cho, Tokoro-gun,Hokkaido, Japan
0191003 KITAMI SYOKUHIN KOUGYO CO., Inc.
1-8, Kaigan-cho, Abashiri-shi,Hokkaido, Japan
0192002 MONBETSU FISHERIES CO-OPERATIVE ASSOCIA-
TION4, Shinkou-cho 1-chome, Monbetsu-shi,Hokkaido, Japan
0192003 HOKUYUU CO., LTD
25-29, Shinkou-cho 2-chome, Monbetsu-shi,Hokkaido, Japan
0251001 SEIHO SHOJI CO., LTD
268-1, Ashiya, Yatsuyaku, Aomori-shi,Aomori, Japan
0251002 MATSUBARA SUISAN CO., LTD
208-9, Yamada, Shinjo, Aomori-shi,Aomori, Japan
0251003 AOMORI PREFECTURE FEDERATION OF FISH-
ERIES COOPERATIVEASSOCIATIONS SECOND HIRANAI REFRIGERA-TION PROCESS FACTORY91-53, Asadokoro, Hiranai-machi, Higashitsugaru-gun,Aomori, Japan
0251004 KITAFUKU KAISAN LTD
1-5, Yunosawa, Negishi, Taira-date-mura,Higashitsugaru-gun,Aomori, Japan
0257001 MARUICHI YOKOHAMA CO., LTD34-92, Toriitaira, Noheji-machi, Kamikita-gun,Aomori, Japan