(5)

Section VII is amended as follows: (a) In the introductory part, the following point 1a is inserted: ‘1a. For the purpose of this Section, ‘intermediary operator’ means a food business operator, including traders, other than the first supplier, with or without premises, who carries out its activities between production areas, relaying areas or any establishments.’ (b) Chapter I is amended as follows: (i) point 3 is replaced by the following: ‘3. Whenever a food business operator moves a batch of live bivalve molluscs between production areas, relaying areas or any establishments, a registration document must accompany the batch.’ (ii) in point 4, the following point (d) is added: ‘(d) Where a batch of live bivalve molluscs is sent by an intermediary operator, a new registration document, filled-in by the intermediary operator, must accompany the batch. The registration document must contain at least the information referred to in points (a), (b) and (c) and the following information: (i) the name and address of the intermediary operator; (ii) in the case of conditioning or in the case of re-immersion for storing purpose, the date of starting, the date of end and the place of the conditioning or the re-immersion; (iii) if a conditioning in a natural site was carried out, the intermediary operator must confirm that the natural site where the conditioning took place was classified at the time of conditioning as an class A production area open for harvest; (iv) if a re-immersion in natural site was carried out, the intermediary operator must confirm that the natural site where the re-immersion took place was classified at the time of re-immersion with the same classification of the production area where the live bivalve molluscs were harvested. (v) if a re-immersion was carried out in an establishment, the intermediary operator must confirm that the establishment was approved at the time of the re-immersion. The re-immersion shall not cause additional contamination to the live bivalve molluscs. (vi) in the case of grouping, the species, the date when the grouping started, the date of the end of the grouping, the status of the area where the live bivalve molluscs were harvested, and the batch of the grouping, that always consists of the same species, captured on the same date, and in the same production area.’ (iii) the following points 8 and 9 are added: ‘8. Intermediary operators must be: (a) registered with the competent authority as a food business carrying out primary production as referred to in Article 4(2)(a) if they do not have premises or if they have premises where they only handle, wash and store at ambient temperature live bivalve molluscs, without grouping nor conditioning, or (b) approved by the competent authority as a food business operator in accordance with Article 4(2) if, in addition to carrying out the activities referred to in point (a), they have a cold store or they group or split batches of live bivalve molluscs or they carry out conditioning or re-immersion. 9. Intermediary operators may receive live bivalve molluscs from production areas classified as A, B or C, from relaying areas or from other intermediary operators. Intermediary operators can send live bivalve molluscs: (a) from class A production areas to dispatch centres or another intermediary operator; (b) from class B production areas only to purification centres, processing establishments or to another intermediary operator; (c) from class C production areas to processing establishments or to another intermediary operator with premises.’ (c) In Chapter IV point 1 of Part A is replaced by the following: ‘1. Before purification commences, live bivalve molluscs must be free of mud and accumulated debris and washed if necessary, using clean water.’ (d) In Chapter V, point 2: a) point (a) is replaced by: ‘(a) for paralytic shellfish poison (PSP), 800 micrograms of saxitoxin equivalents diHCl per kilogram;’ (b) point (c) is replaced by: ‘(c) for okadaic acid and dinophysistoxins together 160 micrograms of okadaic acid equivalents per kilogram;’ (e) Chapter IX is replaced by the following: ‘CHAPTER IX: SPECIFIC REQUIREMENTS FOR PECTINIDAE, MARINE GASTROPODS AND HOLOTHUROIDEA WHICH ARE NOT FILTER FEEDERS HARVESTED OUTSIDE CLASSIFIED PRODUCTION AREAS Food business operators harvesting pectinidae, marine gastropods and holothuroidea which are not filter feeders, outside classified production areas or handling such pectinidae, and/or such marine gastropods and/or holothuroidea must comply with the following requirements: 1. Pectinidae, marine gastropods and holothuroidea which are not filter feeders, must not be placed on the market unless they are harvested and handled in accordance with Part B of Chapter II and meet the standards laid down in Chapter V, as demonstrated by a system of own-checks by the food business operators operating a fish auction, a dispatch centre or a processing establishment; 2. In addition to point 1, where data from official monitoring programmes enable the competent authority to classify fishing grounds – where appropriate, in cooperation with food business operators – the provisions of Part A of Chapter II apply by analogy to pectinidae; 3. Pectinidae, marine gastropods and holothuroidea which are not filter feeders, must not be placed on the market for human consumption otherwise than via a fish auction, a dispatch centre or a processing establishment. When they handle pectinidae and/or such marine gastropods, and/or holothuroidea food business operators operating such establishments must inform the competent authority and, as regards dispatch centres, comply with the relevant requirements of Chapters III and IV; 4. Food business operators handling pectinidae, marine gastropods and holothuroidea which are not filter feeders, must comply with the following requirements: (a) with the documentary requirements of points 3 to 7 of Chapter I, where applicable. In this case, the registration document must clearly indicate the location of the area, indicating the system used to describe the coordinates, where the live pectinidae and/or live marine gastropods and/or live holothuroidea were harvested; or (b) with the requirements of point 2 of Chapter VI concerning the closing of all packages of live pectinidae, live marine gastropods and live holothuroidea dispatched for retail sale and Chapter VII concerning identification marking and labelling.’ (f) The following Chapter X is added: ‘CHAPTER X MODEL OF REGISTRATION DOCUMENT OF LIVE BIVALVE MOLLUSCS, LIVE ECHINODERMS, LIVE TUNICATES AND LIVE MARINE GASTROPODS REGISTRATION DOCUMENT OF LIVE BIVALVE MOLLUSCS, LIVE ECHINODERMS, LIVE TUNICATES AND LIVE MARINE GASTROPODS Part I – Supplier I.1 IMSOC Reference number I.2 Internal reference number I.3 Supplier Name Address Registration or Approval No Country ISO Country code Activity I.4 Receiving food business operator Name Address Registration or Approval No Country ISO Country code Activity I.5 Description of goods Aquaculture ☐ Natural Banks ☐ • CN code or FAO 3-Alpha code | species | quantity | package | batch | date of harvesting| date of starting of conditioning | date of end of conditioning | place of conditioning| date of starting of re-immersion | date of end of re-immersion |place of re-immersion| date of starting of grouping | date of end of grouping | production area | health status including, if applicable, harvested in accordance with Article 62(2) of Implementing Regulation (EU) 2019/627 I.6 From relaying area Yes☐ No☐ Relaying area Duration of relaying Date of starting Date of end I.7 From purification/dispatch centre Auction hall Yes ☐ No☐ Purification/dispatch centre/auction hall approval number Date of entry Date of exit Duration of purification I.8 From Intermediary operator Yes ☐ No ☐ Name Address Registration or Approval No Country ISO Country code Activity Date of arrival Date of exit I.9 Declaration of the supplier I, the undersigned food business operator responsible for dispatching the consignment declare that, to the best of my knowledge and belief, the information provided in Part I of this document is true and complete. Date Name of signatory Signature Part II – Receiving operator II.1 Internal reference number (receiving) II.2 Declaration of the receiving food business operator I, the undersigned food business operator responsible for receiving the consignment declare that the consignment has arrived on [DATE] in my premises. Name of signatory Signature Explanatory notes Box Description Part I – Supplier This part of the document shall be filled by the food business operator dispatching a batch of live bivalve molluscs. I.1 IMSOC reference number This is the unique alpha-numeric code assigned by the IMSOC I.2 Internal reference number This box may be used by the dispatching food business operator to indicate an internal reference number. I.3 Supplier Indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the establishment of origin. In the case of production areas, please indicate the area as authorised by the competent authorities (CAs). In the case of live pectinidae, marine gastropods or holothuroidea, indicate the location of the harvesting area. Where applicable, indicate the registration or approval number of the establishment. Indicate the activity (gatherer, purification centre, dispatch centre, auction hall or intermediary activities). Where the batch of live bivalve molluscs is sent from a purification centre/dispatch centre, or, in case of pectinidae, marine gastropods and Holothuroidea which are not filter feeders harvested outside classified production areas, from a fish auction, indicate the approval number and the address of the purification centre/dispatch centre or fish auction. I.4 Receiving food business operator Indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the establishment of destination. In the case of production or relaying areas please indicate the area as authorised by the CAs. Where applicable, indicate the registration or approval number of the establishment Indicate the activity (gatherer, purification centre, dispatch centre, processing establishment or intermediary activities). I.5 Description of goods Indicate as required, the Combined Nomenclature code or FAO 3-Alpha code, species, quantity, type of packaging (bags, bulk, etc.), batch, date of harvesting, date of starting and end of conditioning (when applicable), place of conditioning (indicate the classification of the production area and its location or the approval number of the establishment, when applicable), date of starting and end of re-immersion (when applicable), place of re-immersion (indicate the classification of the production area and its location or the approval number of the establishment when applicable), date of starting and end of grouping (when applicable), production area and its health status (classification of the production area when applicable). When LBMs have been harvested in accordance with Article 62(2) of the Implementing Regulation 2019/627 then this should be explicitly stated. When grouping of live bivalve molluscs is performed, the batch must refer to bivalves of the same species, harvested on the same day and coming from the same production area. Delete as appropriate I.6 From relaying area Where the batch of live bivalve molluscs is sent from a relaying area, indicate the relaying area, as authorised by the CAs, and the duration of the relaying (date of starting and end). I.7 From purification centre/dispatch centre or fish auction Where the batch of live bivalve molluscs is sent from a purification centre/dispatch centre, or, in case of pectinidae, marine gastropods and holothuroidea which are not filter feeders harvested outside classified production areas, from an auction hall, indicate the approval number and the address of the purification centre/dispatch centre or auction hall. If sent from a purification centre the duration of the purification and the dates on which the batch entered and left the purification centre. Delete as appropriate I.8 From intermediary operator Indicate the name and address (street, city and region/province/state, as appropriate), country and ISO country code of the intermediary operator. Where applicable, indicate the registration or approval number and the activity. 1.9 Declaration of the supplier Include the date, name of the signatory and the signature. Part II – Receiving food business operator This part of the document shall be filled by the food business operator receiving a batch of live bivalve molluscs. II.1 Internal reference number (receiving) This box may be used by the food business operator receiving the batch to indicate an internal reference number. II.2 Declaration of the receiving food business operator Indicate the date of arrival of the batch of live bivalve molluscs at the premises of the receiving food business operator. In the case of an intermediary operator without premises indicate the date of purchase of the batch. Include the name of the signatory and the signature.’