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"B COMMISSION DECISION
of 17 December 1996
establishing the list of third countries fulfilling the equivalence conditions for the production and placing on the
market of bivalve molluscs, echinoderms, tunicates and marine gastropods
(Text with EEA relevance)
(97/20/EC)
(OJ L 6, 10.1.1997, p. 46)
Amended by:
Official Journal
No page date
"M1 Commission Decision 97/565/EC of 28 July 1997 L 232 15 23.8.19971997D0020 — EN — 29.07.1997 — 001.001 — 1
COMMISSION DECISION
of 17 December 1996
establishing the list of third countries fulfilling the equivalence conditions
for the production and placing on the market of bivalve molluscs,
echinoderms, tunicates and marine gastropods
(Text with EEA relevance)
(97/20/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), as last amended by the Act of Accession of Austria,
Finland and Sweden, and in particular Article 9 (3) (a) thereof,
Whereas the Commission has laid down the special conditions governing
imports of live bivalve molluscs, echinoderms, tunicates and marinegastropods for specific third countries;
Whereas the Commission has laid down a standard health certificate for
imports of live bivalve molluscs, echinoderms, tunicates and marinegastropods from third countries not yet covered by decisions of this type;
Whereas a list should be drawn up of the countries fulfilling the equivalence
conditions referred to in Article 9 (2) of Directive 91/492/EEC and which are
thus able to guarantee that the molluscs exported to the Community meet the
sanitary conditions laid down to protect the health of consumers;
Whereas this list must include the third countries for which specific decisions
have already been laid down and third countries satisfying the conditions ofArticle 9 (2) for which a provisional list of authorized establishments can beestablished in accordance with the procedure provided for in Council Decision
95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim
period, provisional lists of third country establishments from which MemberStates are authorized to import certain products of animal origin, fisheryproducts or live bivalve molluscs (
2);
Whereas Article 3 (4) (b) of Council Directive 91/493/EEC of 22 July 1991
laying down the health conditions for the production and placing on the
market of fishery products (3) lays down that processed bivalve molluscs must
comply before processing with the provisions of Directive 91/492/EEC;whereas as a consequence the list of third countries fulfilling the conditions
laid down by Directive 91/492/EEC should also apply to imports of processed
bivalve molluscs, echinoderms, tunicates and marine gastropods;
Whereas this list of third countries is established without prejudice to national
or Community provisions to protect animal health or the environment;
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 third countries fulfilling the equivalence conditions laid down in Article 9
(3) (a) of Directive 91/492/EEC on the production and placing on the market
of live bivalve molluscs, echinoderms, tunicates and marine gastropods are
listed in the Annex to this Decision.!B
(1) OJ No L 268, 24. 9. 1991, p. 1.
(2) OJ No L 243, 11. 10. 1995, p. 17.
(3) OJ No L 268, 24. 9. 1991, p. 15.1997D0020 — EN — 29.07.1997 — 001.001 — 2
Article 2
Notwithstanding the provisions designed to protect animal health or the
environment, the Member States shall ensure that bivalve molluscs,
echinoderms, tunicates and marine gastropods in whatever form for
consumption are imported only from the third countries listed in the Annex.
Article 3
The provisions of Article 2 shall not apply to the adductor muscles of
pectinidae other than aquaculture animals completely separated from the
viscera and gonads.
Article 4
This Decision shall apply from 1 July 1997.
Article 5
This Decision is addressed to the Member States.!B1997D0020 — EN — 29.07.1997 — 001.001 — 3
ANNEX
List of third countries from which imports of live bivalve molluscs, echinoderms,
tunicates and marine gastropods in whatever form for human consumption are
authorized
I. Third countries which have been the subject of a specific decision based on
Council Directive 91/492/EEC
Australia
Chile
Morocco
Peru
South Korea
Turkey
II. Third countries which may be the subject of a provisional decision based on
Council Decision 95/408/EC
Canada
Faeroes
Greenland
New ZealandThailand (only for products sterilized or heat-treated under the conditions laid
down in Decision 93/25/EEC)
United States of America!
M11997D0020 — EN — 29.07.1997 — 001.001 — 4