98/84/EC: Commission Decision of 16 January 1998 on protective measures with regard to fishery products from, or originating in Uganda, Kenya, Tanzania and Mozambique and repealing Decision 97/878/EC (Text with EEA relevance)
Date: 1998-01-16
Institutions: European Commission
Subjects: Kenya, Mozambique, Tanzania, Uganda, fishery product, import restriction

21. 1. 98

EN

Official Journal of the European Communities

L 15/43

COMMISSION DECISION

of 16 January 1998

on protective measures with regard to fishery products from, or originating in
Uganda, Kenya, Tanzania and Mozambique and repealing Decision 97/878/EC

(Text with EEA relevance)

(98/84/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Directive 90/675/EEC of 10
December 1990 laying down the principles governing the
organisation of veterinary checks on products entering
the Community from third countries (1), as last amended
by Directive 96/43/EC (2), and in particular Article 19(6)
thereof,

Whereas, following the outbreak of cholera in a number
of African countries, the Commission, in accordance with
Article 19(1) of Directive 90/675/EEC, adopted on its
own initiative the decisions necessary to protect public
health;

Whereas the provisions concerned subject consignments
of frozen or processed fishery products from, or origin-
ating in Uganda, Kenya, Tanzania and Mozambique to
sampling to ensure that they are healthy;

Whereas such checks must be capable of detecting, in
particular,
salmonellae and vibrions
(Vibrio cholerae and Vibrio parahaemolyticus);

the presence of

Whereas, because of time required to carry out micro-
biological analyses, the import into Community territory
of fresh fishery products from, or originating in the coun-
tries concerned should be prohibited;

Whereas a derogation should be provided for fishery
products which are caught, frozen and packed in their
final packaging at sea and landed directly on Community
territory;

the provisions of

Whereas
this Decision should be
reviewed shortly in the light of the development of the
epidemic;

Whereas the measures provided for in this Decision are
in accordance wih the opinion of the Standing Veterinary
Committee,

(1) OJ L 373, 31. 12. 1990, p. 1.
(2) OJ L 162, 1. 7. 1996, p. 1.

This Decision shall apply to fresh, frozen and processed
fishery products from, or originating in Uganda, Kenya,
Tanzania and Mozambique.

It shall not apply to fishery products which are caught,
frozen and packed in their final packaging at sea and
exported directly to Community territory.

Article 2

The Member States shall prohibit the entry into their
territory of fresh fishery products from, or originating in
Uganda, Kenya, Tanzania and Mozambique.

Article 3

The Member States shall, on the basis of sampling plans
and using suitable detection methods, subject all consign-
ments of frozen or processed fishery products from or
originating in Uganda, Kenya, Tanzania and Mozam-
bique, with the exception of sterilised products,
to a
microbiological examination to verify that they present
no threat to public health. The examination shall be
carried out, in particular, to detect the presence of salmo-
nellae and, in the case of frozen products, Vibrio chol-
erae and Vibrio parahaemolyticus (in the case of sea
products).

Article 4

Member States shall only allow the entry into their ter-
ritory and the consignment to another Member State of
the fishery products in question where the results of the
examinations are favourable.

Article 5

Where checks carried out on import by the authorities of
a Member State confirm the presence of pathogenic
agents covered by this Decision, they shall immediately
inform the Commission and the other Member States,
without prejudice to the measures to be taken with regard
to the contaminated consignment.

L 15/44

EN

Official Journal of the European Communities

21. 1. 98

Article 6

Article 9

All costs incurred in applying this Decision shall be
chargeable to the consignor,
their
agents.

the consignee or

This Decision shall be reviewed before 31 January 1998.

Article 10

Article 7

This Decision is addressed to the Member States.

Commission Decision 97/878/EC (1) is hereby repealed.

Article 8

Done at Brussels, 16 January 1998.

The Member States shall adjust the measures they apply
to trade to comply with this Decision. They shall im-
mediately inform the Commission of the adjustments
made.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 356, 31. 12. 1997, p. 64.