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"BCOMMISSION DECISION
of 30 November 1994
laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and
marine gastropods originating in Turkey
(Text with EEA relevant)
(94/777/EC)
(OJ L 312, 6.12.1994, p. 35)
Amended by:
Official Journal
No page date
"M1 Commission Decision 95/275/EC of 10 July 1995 L 167 26 18.7.1995
"M2 Commission Decision 96/31/EC of 19 December 1995 L 9 6 12.1.1996
"M3 Commission Decision 1999/767/EC of 17 November 1999 L 302 26 25.11.19991994D0777 — EN — 18.11.1999 — 003.001 — 1
COMMISSION DECISION
of 30 November 1994
laying down special conditions for the import of live bivalve molluscs,
echinoderms, tunicates and marine gastropods originating in Turkey
(Text with EEA relevant)
(94/777/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council directive 91/492/EEC of 15 July 1991 laying
down the health conditions for the production and placing on the market
of live bivalve molluscs (
1), and in particular Article 9 thereof,
Whereas a group of Commission experts has conducted an inspection
visit to Turkey to verify the conditions under which live bivalve
molluscs, echinoderms, tunicates and marine gastropods are produced
and placed on the market;
Whereas Turkish legislation makes the Ministry of Agriculture and Rural
Affairs responsible for inspecting the health of live bivalve molluscs,
echinoderms, tunicates and marine gastropods and monitoring the
hygiene and sanitary conditions of production; whereas the same
legislation empowers the Ministry of Agriculture and Rural Affairs to
authorize or prohibit the harvesting of bivalve molluscs, echinoderms,
tunicates and marine gastropods from certain zones;
Whereas the Ministry of Agriculture and Rural Affairs and its
laboratories are capable of effectively verifying the application of the
laws in force in Turkey;
Whereas the competent Turkish authorities have undertaken to
communicate regularly and quickly to the Commission data on the
presence of plankton containing toxins in the harvesting areas;
Whereas the competent Turkish authorities have provided official
assurances regarding compliance with the requirements specified in
Chapter V of the Annex to Directive 91/492/EEC and with requirements
equivalent to those prescribed in that Directive for the classification of
producting and relaying zones, approval of dispatch centres and public
health control and production monitoring; whereas in particular any
possible change in harvesting zones will be communicated to the
Community;
Whereas Turkey is eligible for inclusion in the list of third countries
fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of
Directive 91/492/EEC;
Whereas the procedure for obtaining a health certificate referred to in
Article 9 (3) (b) (i) of Directive 91/492/EEC must include the definition
of a model certificate, the language(s) in which it must be drawn up, the
qualifications of the signatory and the health mark to be affixed to
packaging;
Whereas, accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC,
the production areas from which bivalve molluscs, echinoderms,
tunicates and marine gastropods may be harvested and exported to the
Community must be designated;
Whereas, in accordance with Article 9 (3) (c) of Directive 91/492/EEC, a
list of the establishments from which the import of bivalve molluscs,
echinoderms, tunicates and marine gastropods is authorized should be
established; whereas such establishments may appear on the list only if
they are officially approved by the competent Turkish authorities;!B
(1) OJ No L 268, 24. 9. 1991, p. 1.1994D0777 — EN — 18.11.1999 — 003.001 — 2
whereas it is the duty of the competent Turkish authorities to ensure that
the provisions laid down to this end in Article 9 (3) (c) of Directive
91/492/EEC are complied with;
Whereas the special import conditions apply without prejudice to
decisions taken pursuant to Council Directive 91/67/EEC of 28 January
1991 concerning the animal health conditions governing the placing on
the market of aquaculture animals and products (1);
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 General Directorate of Protection and Control, of the Ministry of
Agriculture and Rural Affairs shall be the competent authority in Turkey
for verifying and certifying that live bivalve molluscs, echinoderms,
tunicates and marine gastropods fulfil the requirements of Directive
91/492/EEC.
Article 2
Live bivalve molluscs, echinoderms, tunicates and marine gastropods
originating in Turkey and intended for human consumption 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;
2. consignments must originate in the authorized production areas
listed in Annex B hereto;
3. they must be packed in sealed packages by approved dispatch centre
included in the list in Annex C hereto;
4. each package must bear an indelible health mark containing at least
the following information:
— country of dispatch: TURKEY ,— the species (common and scientific namens),— the identification of the production area and the dispatch centre
by their approval number,
— the date of packing, comprising at least the day and month.
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 is
carried out.
2. Certificates must bear the name, capacity and signature of the
veterinarian of the Ministry of Agriculture and Rural Affairs and its
official seal, in a coulour different from that of other endorsements.
Article 4
This Decision is addressed to the Member States.!B
(1) OJ No L 46, 19. 2. 1991, p. 1.1994D0777 — EN — 18.11.1999 — 003.001 — 3
ANNEX A
HEALTH CERTIFICATE
!B1994D0777 — EN — 18.11.1999 — 003.001 — 4
"(1)M2!B1994D0777 — EN — 18.11.1999 — 003.001 — 5
!M3
ANNEX B
PRODUCTION AREAS FULFILLING THE REQUIREMENTS LAID
DOWN IN CHAPTER I (1)(a) OF THE ANNEX TO THE DIRECTIVE
91/492/EEC.
Number Name
I A YV ALIK
II ÇANAKKALE
PRODUCTION AREAS FULFILLING THE REQUIREMENTS LAID
DOWN IN CHAPTER I (1)(b) OF THE ANNEX TO THE DIRECTIVE
91/492/EEC.
Number Name
IV West black sea (1)
V Middle black sea (1)
(1) Only for processed bivalve molluscs.1994D0777 — EN — 18.11.1999 — 003.001 — 6
ANNEX C
LIST OF ESTABLISHMENTS APPROVED FOR EXPORT OF LIVE BIV AL VE MOLLUSCS TO THE
EUROPEAN COMMUNITY
Number Name Address
TR 10 60 205 ARTUR BALIKÇILIK LTD STI SU ÜRÜNLERI
DEZENFEKTE VE ARITMA TESISLERIA YV ALIK-BALIKESIR
TR 17 60 183 YA VUZ MILDON DENIZ ÜR. SAN. VE TIC. LTD STI. GELIBOLU-ÇANAKKALE
TR 10 60 318 ADA DIS TIC. LTD STI A YV ALIK-BALIKESIR
TR 34 60 140 ALTINEL/MIN — TUR PAZ. TIC. LTD STI SARIYER ISTANBUL!M31994D0777 — EN — 18.11.1999 — 003.001 — 7