1995D0328 — EN — 05.02.2004 — 006.001 — 1
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►B COMMISSIONDECISION
of25July1995
establishing health certification for fishery products from third countries which are not yet
coveredbyaspecific decision
(TextwithEEArelevance)
(95/328/EC)
(OJ L 191, 12.8.1995, p. 32)
Amended by:
Official Journal
No page date
►M1CommissionDecision97/588/EC of 28 July 1997 L 238 46 29.8.1997
►M2CommissionDecision98/418/EC of 30 Jun e 1998 L 190 53 4.7.1998
►M3CommissionDecision98/739/EC of 14 December 1998 L 354 64 30.12.1998
►M4CommissionDecision2001/67/EC of 23 Jan uary 2001 L 22 41 24.1.2001
►M5CommissionDecision2004/109/EC of 29 Jan uary 2004 L 32 17 5.2.2004
▼B
COMMISSIONDECISION
of25July1995
establishing health certification for fishery products from third
countrieswhicharenotyetcoveredbyaspecific decision
(TextwithEEArelevance)
(95/328/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 placingonthe market of fishery products(
1) and in particular Article 11
thereof,
Whereas inaccordan ce with Article 11 of Directive 91/493/EEC the
Commission has laid down the special conditions for the importationof fishery products from a significant number of third countries;
Whereas for the importations of fishery products from third countries
not yet covered by this type of Decision, it is advisable initially to
establish a standardized model of health certificate to avoid disruptions
to trade;
Whereas the adoptionof a stan dard health certificate would have posi-
tive effects on operators and for the control services and would
facilitate the free circulationof imported fisheries products withintheCommunity;
Whereas the model of health certificate established by this Decisionis
provisional and applicable for a period of two years during which indi-vidual Decisions may be adopted; whereas the provisional certificatewill no longer apply to third countries for which an individual Decisionhas beenadopted;
Whereas the veterinary checks on imported fishery products have to be
carried out in accordance with Council Directive 90/675/EEC of 10December 1990 laying down the principles governing the organization
of the veterinary checks on products entering the Community from
third countries (
2) as last amended by the Treaty of Accession of
Austria, Finland and Sweden; whereas these checks provide for thepresentation of a health certificate accompanying the importedproducts;
Whereas the adoptionof a stan dard model of health certificate is
without prejudice to specific import conditions adopted for a thirdcountry after on the spot assessment of the health situation by Commis-
sionexperts;
Whereas inview of their particular status, the fishery products defin ed
in Article 10 subparagraph 2 of Directive 91/493/EEC need not be
accompanied by the health certificate referred to above;
Whereas, inaccordan ce with Article 10 of Directive 91/493/EEC, the
health certificate should attest that the conditions of production,
preparation, processing, storage, packaging and transport of fisheryproducts intended for the Community are at least equivalent to thoselaid downinDirective 91/493/EEC;
Whereas the measures provided for inthis Decisionare inaccordan ce
with the opinion of the Standing Veterinary Committee,1995D0328 — EN — 05.02.2004 — 006.001 — 2
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 373, 31. 12. 1990, p. 1.
▼B
HAS ADOPTED THIS DECISION:
Article 1
1. Consignments of fishery products introduced into the territories
defined in Annex I of Directive 90/675/EEC shall come from an agreedestablishment inspected by the competent authority of the third country,
and shall be accompanied by a numbered original health certificate
attesting that the health conditions of production, handling, processing,packaging and identification of the products are at least equivalent tothose established by Directive 91/493/EEC. The model of the healthcertificate is laid down in the Annex to this Decision.
2. However, this certificate is not required for the fishery products
referred to inArticle 10 (2) of Directive 91/493/EEC.
Article 2
The health certificate referred to inArticle 1 (1) shall con sist of a
single sheet of paper and shall be drawn up in at least in one of the
official languages of the country of introduction into the Community,and, if necessary, into one of the languages of the country of destina-tion.
Article 3
The health certificate provided for by this Decisiondoes n ot apply for
fishery products from a third country for which the individual condi-tions of importation are laid down elsewhere.
Article 4
This Decisionshall apply from 1 July 1995 ►
M5to 31 December
2005◄.
Article 5
This Decisionis addressed to the Member States.1995D0328 — EN — 05.02.2004 — 006.001 — 3
▼M4
ANNEX
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▼M4
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