1999/253/EC: Commission Decision of 12 April 1999 on protective measures with regard to certain fishery products from or originating in Kenya and Tanzania (notified under document number C(1999) 497) (Text with EEA relevance)
Date: 1999-04-12
Institutions: European Commission
Subjects: Kenya, Tanzania, fishery product, health control, originating product

13. 4. 1999

EN

Official Journal of the European Communities

L 98/15

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 12 April 1999

on protective measures with regard to certain fishery products from or origin-
ating in Kenya and Tanzania

(notified under document number C(1999) 497)

(Text with EEA relevance)

(1999/253/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,

(1) Whereas within the meaning of Article 19 of
Directive 90/675/EEC the necessary decisions must
be adopted as regards the import of certain products
from third countries where any cause likely to consti-
tute a serious danger for animal or human health
appears or is spreading;

(2) Whereas some cases involving fish poisoning on Lake
Victoria have been reported to the Commission by the
Uganda authorities; whereas the fish poisoning is
suspected to be caused by the presence of pesticides in
the water of the Lake Victoria and by fishery malprac-
tice;

(3) Whereas the Uganda authorities have taken precau-
tionary measures and suspended all fish exports to the
European Community with effect
from 22 March
1999 and until the safety on the fishery products
could be guaranteed;

(1) OJ L 373, 31.12.1990, p. 1.
(2) OJ L 162, 1.7.1996, p. 1.

(4) Whereas Kenya and Tanzania share with Uganda the
Lake Victoria waters and therefore the fish caught
therein; whereas Kenya and Tanzania have taken
precautionary measures but not suspended the exports
of fishery products to the Community, whereas these
precautionary measures are not enough to assure, in
the current situation, the safety of the fishery products;

(5) Whereas imports of fishery products caught in the
Lake Victoria and coming from or originating in
Kenya and Tanzania should be suspected;

(6) Whereas such a measure should be reviewed following
the information on the evolution of the situation and
the guarantees provided by the competent authorities
concerning the safety of the fishery products;

(7) Whereas the measures provided for in this Decision
are in accordance with the opinion of the Standing
Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

fresh,
This Decision shall apply to fishery products,
frozen or processed, caught in the Lake Victoria and
coming from or originating in Kenya and Tanzania. It
shall not apply to fishery products caught at sea.

L 98/16

EN

Official Journal of the European Communities

13. 4. 1999

Article 2

Article 5

Member States shall prohibit the introduction to their
territory of fishery products referred in Article 1.

Member States shall modify the measures they apply to
trade to bring them into line with this Decision. They
shall immediately inform the Commission thereof.

Article 3

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

Article 6

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 12 April 1999.

This Decision shall be reviewed following the informa-
tion on the evolution of the situation and the guarantees
provided by the competent authorities of Kenya and
Tanzania concerning the safety of the fishery products.

For the Commission

Franz FISCHLER

Member of the Commission