2001/66/EC: Commission Decision of 23 January 2001 amending Decision 97/296/EC drawing up the list of third countries from which the import of fishery products is authorised for human consumption (Text with EEA relevance) (notified under document number C(2001) 128)
Date: 2001-01-23
Institutions: European Commission
Subjects: fishery product, health certificate, health control, human nutrition, import, third country

24.1.2001

EN

Official Journal of the European Communities

L 22/39

COMMISSION DECISION

of 23 January 2001

amending Decision 97/296/EC drawing up the list of third countries from which the import of
fishery products is authorised for human consumption

(notified under document number C(2001) 128)

(Text with EEA relevance)

(2001/66/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 95/408/EC of 22 of June
1995 (1) on the conditions for drawing up, for an interim
period, provisional lists of third country establishments from
which Member States are authorised to import certain products
of animal origin, fishery products or live bivalve molluscs, as
amended by Decision 2000/4/EC (2), and in particular Article
2(2) thereof,

Whereas:

(1)

(2)

(3)

Council Directive 96/23/EC, of 29 April 1996 on meas-
ures to monitor certain substances and residues thereof
in live animals and animal products and repealing
Directives 85/358/EEC and 86/469/EEC (3), provides that
aquaculture products shall be included in the monitoring
plan for residues of veterinary drugs.

Furthermore, the Annex of Commission Decision 2000/
159/EC of 8 February 2000 on the provisional approval
of residue plants of third countries according to Council
Directive 96/23/EC (4), as last amended by Commission
Decision 2000/675/EC (5), indicates the third countries
which have submitted a plan, setting out the guarantees
which it offers as regards the monitoring of the groups
of residues and substances referred to in Annex I of
Directive 96/23/EC.

Consequently, when the guarantees referred to in recital
2 are not provided, the imports of aquaculture products
shall not be authorised, even if they are in compliance
with the Council Directive 91/493/EC of 22 July 1991
laying down the health conditions for the production
and the placing on the market of fishery products (6), as
last amended by Directive 97/79/EC (7).

(1) OJ L 243, 11.10.1995, p. 17.
(2) OJ L 2, 5.1.2001, p. 21.
(3) OJ L 125, 25.5.1996, p. 10.
(4) OJ L 51, 24.2.2000, p. 30.
(5) OJ L 280, 4.11.2000, p. 63.
(6) OJ L 268, 24.9.1991, p. 13.
(7) OJ L 24, 30.1.1998, p. 31.

Since Commission Decision 97/296/EC (8), as amended
by Decision 2001/40/EC (9), lists the countries and terri-
tories from which importation of fishery products for
human consumption is authorised,
it is necessary to
modify this Decision to include the requirement that the
import of aquaculture products shall only be authorised
from those third countries listed in both Decisions: 97/
296/EC and 2000/159/EC.

(5)

However, as Commission Decision 95/328/EC of 25 July
1995 establishing health certification for fishery prod-
ucts from third countries which are not yet covered by a
specific decision (10), as last amended by Decision 2001/
67/EC (11), provides a transitional period for the up-
dating of the model of health certification, it is necessary
to provide a derogation in the application of
the
Decision 2000/159/EC for aquaculture products, during
this transitional period.

(6)

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 97/296/EC is amended as follows:

1. A new point 3 is added to Article 2:

‘3.
In addition to paragraph 1, Member States shall
ensure that aquaculture products, as defined in Article 2.2
form
of Council Directive 91/493/EEC,
intended for human consumption, are imported only from
the third countries which are included in the Annex to the
present Decision and in the Annex to the Commission
Decision 2000/159/EC as a country with an approved resi-
dues monitoring plan for aquaculture.’

in whatever

(8) OJ L 122, 14.5.1997, p. 21.
(9) OJ L 10, 13.1.2001, p. 75.
(10) OJ L 191, 12.8.1995, p. 32.
(11) See page 41 of this Official Journal.

L 22/40

EN

Official Journal of the European Communities

24.1.2001

2. Article 3 shall be replaced by the following:

Article 2

‘Article 3

Notwithstanding Commission Decision 2000/159/EC and
Article 2.3 of the present Decision Member States, when
importing fishery products from countries listed in part II of
the Annex to the present Decision and up to the date of
coming into effect of
the model of health certificate
provided by the Commission Decision 2001/67/EC (*), shall
accept the consignments of fishery products accompanied
by the model of health certificate provided by Decision
95/328/EC.

(*) OJ L 22, 24.1.2001, p. 41.’

This Decision is addressed to the Member States.

Done at Brussels, 23 January 2001.

For the Commission

David BYRNE

Member of the Commission