98/321/EC: Commission Decision of 28 April 1998 concerning certain protective measures with regard to certain fishery products originating in China and amending Decision 97/368/EC (Text with EEA relevance)
Date: 1998-04-28
Institutions: European Commission
Subjects: China, fishery product, health control, import restriction, originating product, public health

12. 5. 98

EN

Official Journal of the European Communities

L 140/17

COMMISSION DECISION

of 28 April 1998

concerning certain protective measures with regard to certain fishery products
originating in China and amending Decision 97/368/EC

(Text with EEA relevance)

(98/321/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

systematically submitted to a microbiological exam-
ination;

Having regard to the Treaty establishing the European
Community,

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,

Whereas Decision 97/368/EC should be reviewed before
30 June 1998 and on the ground of the current findings it
is necessary to extend the measures provided in this
Decision until 30 November 1998;

Whereas the measures provided for in this Decision are in
conformity with the opinion of the Standing Veterinary
Committee,

Whereas, on importation of fishery products originating
in several processing establishments in China, the pres-
ence of Vibrio parahaemolyticus, Vibrio vulnificus,
Staphylococcus aureus and Bacillus cereus have been
detected;

HAS ADOPTED THIS DECISION:

Article 1

Whereas
the presence of Vibrio parahaemolyticus,
Vibrio vulnificus, Staphylococcus aureus and Bacillus
cereus are a result of poor hygienic practices during
production and/or processing, and in the case of the
Vibrio parahaemolyticus it could be also the result of a
contamination of harvesting areas and it presents a poten-
tial risk for human health;

Whereas imports of products from the establishments
concerned in China must not
therefore be further
allowed;

Whereas Community inspections
in China and the
results of checks at the Community border inspection
posts have shown that potential health risks with regard
to the production and processing of
fishery products
exists;

Whereas Commission Decision 97/368/EC of 11 June
1997 concerning certain protective measures with regard
to certain fishery products originating in China (3), as
amended by Decision 97/805/EC (4), provides for a ban of
importation of fresh fishery products and for a require-
ment that frozen or processed fishery products must be

(1) OJ L 373, 31. 12. 1990, p. 1.
(2) OJ L 162, 1. 7. 1996, p. 1.
(3) OJ L 136, 13. 7. 1997, p. 57.
(4) OJ L 330, 2. 12. 1997, p. 19.

This Decision shall apply to fishery products,
frozen or processed, originating in China.

fresh,

Article 2

Member States shall ban the imports of fishery products,
in all forms, originating in the following establishments
in China:

(cid:190) Xiamen Standland Foods Co. Ltd, Zhousan Plant,
Dinghai, Zhousan, Zhejiang (plant code No 3300/
02072),

(cid:190) Vessel Yan Yuan No 3 (cid:190) No 178, North Road,
Yantai, Shandong (plant code No 3700/02405),

(cid:190) Yancheng Baolong Aquatic Foods Co. Ltd, Doulog-
gang, Dafeng County, Jiangsu Province (plant code
No 3200/02061),

(cid:190) Wuhan Standhampton Foodstuff Co. Ltd, 181, 27.
Avenue, Jiangan District, Wuhan (plant code No
4200/02008),

(cid:190) Laoghan Aquatic products cold storage, Qingdao

(plant code No 3700/02410).

Article 3

In Article 6 of Decision 97/368/EC the date ‘30 June
1998' shall be replaced by ‘30 November 1998'.

L 140/18

EN

Official Journal of the European Communities

12. 5. 98

Article 4

Article 6

The Member States shall amend the measures they apply
in respect of imports from China to bring them into line
with this Decision. They shall immediately inform the
Commission thereof.

Article 5

All expenditure incurred by the application of
Decision shall be chargeable to the consigner,
consignee or their agent.

this
the

This Decision is addressed to the Member States.

Done at Brussels, 28 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission