2000/127/EC: Commission Decision of 31 January 2000 amending Commission Decision 1999/253/EC on protective measures with regard to certain fishery products from or originating in Kenya and Tanzania and amending the health certification for fishery products originating or proceeding from Tanzania (notified under document number C(2000) 211) (Text with EEA relevance)
Date: 2000-01-31
Institutions: European Commission
Subjects: Kenya, Tanzania, fishery product, health certificate, health control, originating product

11. 2. 2000

EN

Official Journal of the European Communities

L 36/43

COMMISSION DECISION

of 31 January 2000

amending Commission Decision 1999/253/EC on protective measures with regard to certain
fishery products from or originating in Kenya and Tanzania and amending the health certification
for fishery products originating or proceeding from Tanzania

(notified under document number C(2000) 211)

(Text with EEA relevance)

(2000/127/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

in Lake Victoria and coming from or originating in
Kenya should remain suspended.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Veterinary
Committee,

Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
third countries (1), and in particular Article 22(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

Following some cases involving fish poisoning on Lake
Victoria suspected to be caused by the presence of pesti-
cides in the water of the Lake Victoria and by fishery
the Commission adopted the Decision
malpractice,
1999/253/EC (2). This Decision foresees that following
the receipt of information on the evolution of the situ-
ation and the guarantees provided by the competent
authorities of Kenya and Tanzania the Decision may be
reviewed.

The results of an inspection visit and the guarantees
it is
provided by the official authorities in Tanzania,
proposed to amend Decision 1999/253/EC to allow the
imports of fishery products caught in Lake Victoria and
coming from or originating in Tanzania.

It is necessary to subject the fishery products caught in
Lake Victoria to appropriated checking intended to
ensure that
they are healthy, such checks must be
capable of detecting, in particular, the presence of pesti-
cides. Therefore, it is necessary to add a specific mention
of the appropriate check in the health certificate accom-
panying the fishery products imported from Tanzania
and established in the Commission Decision 98/422/
EC (3).

Nevertheless it is necessary to allow more time to the
authorities in Kenya to put in place the suitable meas-
ures of control to guarantee the safety of the fishery
products. Therefore, imports of fishery products caught

(1) OJ L 24, 30.1.1998, p. 9.
(2) OJ L 98, 13.4.1999, p. 15.
(3) OJ L 190, 4.7.1998, p. 71.

HAS ADOPTED THIS DECISION:

Article 1

Decision 1999/253/EC is amended as follows:

1. Article 1 is replaced by the following text:

‘Article 1

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

2. Article 4 is replaced by the following text:

‘Article 4

This Decision shall be reviewed following the information
on the evolution of
the situation and the guarantees
provided by the competent authority of Kenya concerning
the safety of the fishery products.’

Article 2

Point IV of the health certificate laid down in the Annex to the
Decision 98/422/EC and accompanying the consignments of
fishery products from or originating in Tanzania and caught in
the Lake Victoria, must be completed by the following point:

‘— The official inspector hereby certifies that the fishery
products
specified above were produced under a
system of monitoring checks as laid down in chapter V,
point II.3.B of the Annex to the Directive 91/493/EEC,
and the results of these checks are satisfactory.’

L 36/44

EN

Official Journal of the European Communities

11. 2. 2000

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

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 31 January 2000.

For the Commission

David BYRNE

Member of the Commission