1995D0538 — EN — 24.06.2002 — 002.001 — 1
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►B COMMISSIONDECISION
of6December 1995
laying down special conditions governing the import of fishery and aquaculture products origi-
natinginJapan
(TextwithEEArelevance)
(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 31.3.2001
►M2 Commission Decision 2002/471/EC of 20 June 2002 L 163 21 21.6.2002
▼B
COMMISSIONDECISION
of6December 1995
layingdownspecialconditionsgoverningtheimportoffisheryand
aquacultureproductsoriginatinginJapan
(TextwithEEArelevance)
(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 themarketof fishery product s (
1), as last amended by the the Act of Acces-
sion of Austria, Finland and Sweden, and in particular Article 11thereof,
Whereas a group of Commission experts has conducted an inspection
visit to Japan to verify the conditions under which fishery productsare 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 thoselaid down in Directive 91/493/EEC;
Whereas the ‘Ministry of Health and Welfare — Veterinary Sanitary
Division (MHW-VSD)’, the competent authority in Japan, is capableof 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 defini-tion of a model certificate, the minimum requirements regarding thelanguage(s) in which it must be drafted and the grade of the personempowered 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 thename of the third country and the approval number of the establish-mentof 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 mustbe 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 the provisions 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 Direc-
tive 91/493/EEC and regarding fulfilment of requirements equivalent tothose 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 veri-fying and certifying compliance of fishery and aquaculture productswith the requirements of Directive 91/493/EEC.1995D0538 — EN — 24.06.2002 — 002.001 — 2
(1) OJ No L 268, 24. 9. 1991, p. 15.▼M1
▼M1
Article 2
Fishery and aquaculture products originating in Japan must meet the
following conditions:
1. each consignmentmustbe 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. the products must come from approved establishments, factory
vessels, cold stores or registered freezer vessels listed in Annex Bhereto;
3. except in the case of frozen fishery products in bulk and intended
for the manufacture of preserved foods, all packages must bear theword ‘JAPAN’ and the approval/registration number of the estab-lishment, 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 thechecks 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.1995D0538 — EN — 24.06.2002 — 002.001 — 3
▼B
▼M1
▼B
▼M2
ANNEX A
1995D0538 — EN — 24.06.2002 — 002.001 — 4
▼M2
1995D0538 — EN — 24.06.2002 — 002.001 — 5
▼B
ANNEX B
LISTOFESTABLISHMENTS
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 Yamasa 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 6581995D0538 — EN — 24.06.2002 — 002.001 — 6