98/407/EC: Commission Decision of 16 June 1998 concerning certain protective measures with regard to bivalve molluscs and fishery products originating or proceeding from Turkey and repealing Decision 97/806/EC (notified under document number C(1998) 1620) (Text with EEA relevance)
Date: 1998-06-16
Institutions: European Commission
Subjects: Türkiye, fishery product, health risk, import restriction, mollusc, originating product

24. 6. 98

EN

Official Journal of the European Communities

L 180/15

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 16 June 1998

concerning certain protective measures with regard to bivalve molluscs and
fishery products originating or proceeding from Turkey and repealing Decision
97/806/EC

(notified under document number C(1998) 1620)

(Text with EEA relevance)

(98/407/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
thereof,

Whereas Community inspections in Turkey have shown
that there are deficiencies with regard to infrastructure
and hygiene in fishery and bivalve mollusc establishments
and that there are insuffcient guarantees about the effi-
ciency of
the controls carried out by the competent
authorities; whereas there is a potential risk for public
health with regard to the production and processing of
bivalve molluscs in this country;

Whereas all bivalve molluscs in any form and all fishery
products in fresh form originating or proceeding from
Turkey must not therefore be further allowed entry into
the Community;

Whereas, as a temporary measure, imports of processed or
frozen fishery products could be authorised until 30
September 1998;

Whereas the processed and the frozen fishery products
originating or proceeding from Turkey must therefore,
upon presentation for importation at
the Community
border inspection posts, be sampled in order to demon-
strate that they do not present a hazard to human health;

Whereas the importation of fishery products and bivalve
molluscs from the establishment Dardanel Onentas Gida
Sanayias (Code No 181) was already banned by Commis-
sion Decision 97/806/EC (3); whereas this establishment
was subsequently visited by a Community inspection
team which concluded that certain parts of the establish-
ment, and in particular the cannery section, comply with
the sanitary requirements of Council Directives 91/
492/EEC (4) and 91/493/EEC (5);

Whereas it is necessary to repeal Commission Decision
97/806/EC of 26 November 1997 concerning certain
measures with regard to certain fishery products origin-
ating in Turkey because these measures are included in
the scope of the present Decision;

Whereas the review of this Decision must depend on the
guarantees offered by Turkey’s competent authority and
on the results of the test carried out by Member States
when importing products from Turkey;

Whereas the measures provided for in this Decision are in
accordance with 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.

(3) OJ L 330, 2. 12. 1997, p. 21.
(4) OJ L 268, 24. 9. 1991, p. 1.
(5) OJ L 268, 24. 9. 1991, p. 15.

L 180/16

EN

Official Journal of the European Communities

24. 6. 98

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to bivalve molluscs, echino-
derms, tunicates, marine gastropods and fishery products
originating or proceeding from Turkey.

Article 2

Member States shall ban

1. imports of bivalve molluscs, echinoderms, tunicates,

and marine gastropods in all forms

and

2. imports of fresh fishery products

originating in or coming from Turkey.

Article 3

Member States shall, using appropriate sampling plans
and detection methods, subject each consignment of
frozen or processed fishery products originating or
proceeding from Turkey to a microbiological test in order
to ensure that the products concerned do not present a
hazard to human health. This test must be carried out, in
particular, with a view to detecting the presence of Sal-
monellae, Vibrio cholerae and parahaemolitycus, as well
as Clostridium sp in canned fishery products as indicator
of bad heat treatment.

Article 4

Member States shall not authorise the importation into
their territory or the consignment to another Member

State of the products referred to in Article 1 unless the
results of the checks referred in Article 3 are favourable.

Article 5

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

this
the

Article 6

Decision 97/806/EC is repealed.

Article 7

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

Article 8

This Decision will be reviewed before 30 September 1998
on the grounds of the guarantees received from Turkey.

Article 9

This Decision is addressed to the Member States

Done at Brussels, 16 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission