Amended proposal for a Council Directive amending the Annex to Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs
Date: 1997-05-12
Institutions: European Commission
Subjects: directory, health control, live animal, marketing, mollusc

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.05.1997 
COM(97) 209 final 

Amended proposal  for a 

COUNCIL DIRECTIVE 

amending  the Annex  to  Directive  91/492/EEC  laying  down  the  health  conditions 

for the  production  and  the  placing  on the  market  of  live  bivalve  molluscs 

(presented by the Commission pursuant to Article  189 a (2) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

On 18 October  1996 the Commission adopted and presented to the Council in accordance with 
Article 11 of Directive 91/492/EEC  laying down the health conditions for the production and the 
placing on the market of live bivalve molluscs a proposal for a Directive amending  the Annex 
to that  Directive  as regards  checks  on the toxin, ASP. 

As  a  result  of  an  outbreak  of  vira!  gastro-enteritis  following  the  consumption  of  uncooked 
oysters in the Community, an investigation  carried out by the Commission indicates that there 
is  an  urgent  need  to  improve  the  requirements  of  the  Directive  for  identifying  the  origin  of 
bivalve  molluscs  at  all  points  in  the  distribution  chain.  Identification  will  require  a  standard 
registration  document  to be drawn  up by the  Commission  for each  stage  of marketing. 

As  this  improvement  is  urgently  needed,  the  Commission  has  decided  not  to  await  a 
comprehensive  amendment  of Directive 91/492/EEC  but to alter its original proposal  pursuant 
to Article  189A(2)  of the Treaty. 

A 

Amended proposal for a 

COUNCIL  DIRECTIVE 

amending  the Annex  to  Directive 91/492/EEC  laying  down the health  conditions 

for the  production  and the placing  on the  market of live bivalve  molluscs 

The Commission presented the abovementioned  proposal to the Council on 18 October 1996. 

Following  a  review  by  the  Commission  the  following  amendments  have  been  made  to  the 

original  proposal: 

1.  After the fourth whereas,  the following  whereas  are added: 

'Whereas  experience  has  shown  that  the  registration  document  for  the  identification  of 

batches  of  live  bivalve  molluscs  provided  for  in  point  6  of  Chapter  II  of  the  Annex  to 

Directive 91/492/EEC  should contain information  concerning  the health status of the area 

of  origin  and  any  purification  or  relaying  operations  that  have  been  carried  out  on  the 

molluscs; 

Whereas  it must be possible to trace the origin of bivalve molluscs  placed on the market; 

whereas  to do this it should  be possible  to link the  information  shown on the  registration 

document  with each batch placed on the market in a register kept by the dispatch centre; 

Whereas a standard registration document would be more easily understood  by operators 

and inspection  services  regardless  of the language  in which it is drawn up; whereas  such 

standard  document  should  be introduced  by the Commission;' 

2.  Point 6 of Chapter  II of the Annex  is replaced  by the following: 

'6. A registration  document  for the identification  of batches  of live bivalve molluscs  during 

transport  from the production  area to a dispatch  centre,  purification  centre,  relaying  area 

or processing plant will be issued by the competent  authority upon request by the gatherer. 

For each  batch, the gatherer  must complete  legibly  and indelibly  the relevant  sections  of 

the  registration  document  which  must contain  the following  information: 

the  gatherer's  identity  and  address; 

the  date  of harvesting; 

the  location  of the  production  area  described  in as  precise  detail  as  is practicable  or 

by  a  code  number; 

the  health  status  of the  production  area  as  referred  to  in Chapter  I; 

the  shellfish  species  and  quantity  indicated  in as  precise  detail  as  is practicable; 

the  approval  number  and  place  of  destination  for  wrapping,  relaying,  purification  or 

processing. 

The  registration  document  must  be  dated  and  signed  by the  gatherer. 

The  registration  documents  must be numbered  regularly  and in sequence.  The  competent 

authority  must keep  a register  containing  the  numbers  of registration  documents  together 

with  the  names  of  the  persons  collecting  live  bivalve  molluscs  to  whom  the  documents 

were  issued.  The  registration  document  for each  batch  of  live  bivalve  molluscs  must  be 

date-stamped  upon  delivery  of a  batch  to a  dispatch  centre,  purification  centre,  relaying 

area  or  processing  plant  and  must  be  kept  by operators  of  such  centres,  areas  or  plants 

for at  least  three  months. 

However,  if  gathering  is  carried  out  by  the  same  staff  operating  the  dispatch  centre, 

purification  centre,  relaying  area  or  processing  plant  of  destination,  the  registration 

document  may  be  replaced  by  a  permanent  transport  authorization  granted  by  the 

competent  authority. 

A standard  registration  document will be introduced  by the Commission in accordance with 

the  procedure  laid  down  in Article  12.' 

<t 

3.  Point  9  of Chapter  III  of the  Annex  is replaced  by the following: 

'9. after harvesting from the relaying area, batches  must, during transport from the relaying 

area  to  the  approved  dispatch  centre,  purification  centre  or  processing  plant,  be 

accompanied  by  a  registration  document,  a  specimen  of which  will  be  drawn  up  by  the 

Commission  in  accordance  with  the  procedure  laid  down  in  Article  12,  setting  out  in 

addition  to the information  specified  in point 6  of Chapter  II of this Annex  the location  and 

approval  number  of the  relaying  area  and  the  duration  of relaying.' 

4.  The  second  subparagraph  of  paragraph  13  of  point  I  of  Chapter  IV  of  the  Annex  is 

amended  as follows: 

'Purification  centres  dispatching  batches  of live bivalve  molluscs to dispatch  centres  must 

provide a registration  document,  a specimen  of which will be drawn up by the Commission 

in  accordance  with  the  procedure  laid  down  in Article  12,  setting  out  in  addition  to  the 

information  specified  in  point  6  of  Chapter  II  of  this  Annex  the  approval  number  and 

address  of the  purification  plant  and  the  duration  of purification.' 

5.  Paragraph  4  of  point  IV  of Chapter  IV  of the  Annex  is replaced  by the following: 

'4.  Dispatch  centres  must  keep  the  following  at  the  disposal  of the  competent  authority: 

the  results  of  microbiological  tests  on  live  bivalve  molluscs  from  an  approved 

production  area  or  relaying  area; 

the  dates  and  quantities  of live bivalve  molluscs  delivered  to the dispatch  centre  and 

the  corresponding  registration  documents; 

dispatch  details  including  the  names  and  addresses  of  consignees,  the  dates  and 

quantities  of  live  bivalve  molluscs  dispatched  together  with  the  corresponding 

registration  document  number(s). 

These  data  must be  classified  chronologically  and  preserved  for a  period  to be  specified 

by the  competent  authority,  but  not  less  than  three  months. 

5" 

ISSN 0254-1475 

COM(97) 209 final 

DOCUMENTS 

EN 

03  10  15 

Catalogue number  :  CB-CO-97-194-EN-C 

ISBN 92-78-19487-5 

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