2001/338/EC: Commission Decision of 27 April 2001 concerning certain protective measures with regard to bivalve molluscs from or originating in Peru (Text with EEA relevance) (notified under document number C(2001) 1180)
Date: 2001-04-27
Institutions: European Commission
Subjects: Peru, health certificate, import, mollusc, veterinary inspection

28.4.2001

EN

Official Journal of the European Communities

L 120/45

concerning certain protective measures with regard to bivalve molluscs from or originating in Peru

COMMISSION DECISION

of 27 April 2001

(notified under document number C(2001) 1180)

(Text with EEA relevance)

(2001/338/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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(1) thereof,

Whereas:

entry into force, should be checked in order to demon-
strate the absence of marine biotoxins.

This Decision will be reviewed in the light of the guaran-
tees offered by the Peruvian authorities and on the basis
of the results of a further Community inspection on the
spot.

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

(4)

(5)

(1)

(2)

(3)

In accordance with Article 22 of Directive 97/78/EC, the
necessary measures must be adoped as regards the
import of certain products from third countries where
any cause likely to constitute a serious danger for animal
or human health appears or is spreading.

A Community inspection to Peru has shown serious
deficiencies with regard to hygiene in bivalve mollusc
production areas, and has demonstrated that there are
insufficient guarantees about
the
the efficiency of
controls carried out by the competent authorities.

of

non-aquaculture

Nevertheless, the Community inspection team has iden-
tified that the controls on eviscerated Pectinidae harvested
from certain aquaculture areas and on the adductor
muscles
completely
separated from the viscera and gonads, are sufficient to
assure the safety of these products. There is a risk for
public health with regard to the imports of bivalve
molluscs from or originating in Peru, and it is thus
appropriate to suspend them with immediate effect, with
the exception of the Pectinidae products, under certain
conditions.

Pectinidae

the provisions of

Considering the seriousness of the shortcomings identi-
this
fied during the inspection,
Decision must be also applied to the products which
have been dispatched to the Community before the
entry into force of
this Decision and presented for
importation into the Community after its entry into
force.

Furthermore, Pectinidae harvested form certain aquacul-
ture areas and eviscerated and, the adductor muscles of
non-aquaculture Pectinidae completely separated from
the viscera and gonads, dispatched to the Community
before the entry into force of
this Decision and
presented for importation into the Community after its

(1) OJ L 24, 30.1.1998, p. 9.

HAS ADOPTED THIS DECISION:

Article 1

This Decision shall apply to bivalve molluscs, echinoderms,
tunicates and marine gastropods coming from or originating in
Peru.

Article 2

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

By derogation to the above prohibition, Member States

2.
shall accept the following products:

(a) Pectinidae harvested in the aquaculture areas of Pucusana
(001) and Guaynuna (002), provided that they are evis-
cerated;

(b) adductor muscles of Pectinidae, provided that the viscera

and the gonads have been completely removed.

Article 3

1.
The provisions of Article 2(1) shall apply to consign-
ments dispatched to the Community prior to the entry into
force of
the
Community border inspection post for importation after its
entry into force.

this Decision and which are presented at

2.
Consignments of products referred to in Article 2(2),
dispatched to the Community prior to the entry into force of
the Community
this Decision and which are presented at
border inspection post for importation after its entry into force
shall be checked 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 ASP, DSP and PSP.

L 120/46

EN

Official Journal of the European Communities

28.4.2001

Article 4

Article 7

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

This Decision is addressed to the Member States.

Article 5

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.

Done at Brussels, 27 April 2001.

Article 6

This Decision shall be reviewed on the basis of the guarantees
provided by the Peruvian competent authorities and on the
basis of the results of a Community inspection on the spot.

For the Commission

David BYRNE

Member of the Commission