2001/632/EC: Commission Decision of 16 August 2001 laying down special conditions governing imports of fishery products originating in Nicaragua (Text with EEA relevance) (notified under document number C(2001) 2523)
Date: 2001-08-16
Institutions: European Commission
Subjects: Nicaragua, aquaculture, fishery product, health certificate, import, originating product

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COMMISSION

COMMISSION DECISION

of 16 August 2001

laying down special conditions governing imports of fishery products originating in Nicaragua

(notified under document number C(2001) 2523)

(Text with EEA relevance)

(2001/632/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 91/493/EEC of 22 July
1991 laying down the health conditions for the production
and the placing on the market of fishery products (1), as last
amended by Directive 97/79/EC (2), and in particular Article 11
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

A Commission expert has conducted an inspection visit
to Nicaragua to verify the conditions under which
fishery products are produced, stored and dispatched to
the Community.

The provisions of Nicaragua's legislation on health
inspection and monitoring of fishery products may be
considered equivalent to those laid down in Directive
91/493/EEC.

In particular the ‘Dirección General de Protección y
Sanidad Agropecuaria (DGPSA) of the Ministerio Agro-
pecuario y Forestal’ is capable of effectively verifying the
application of the laws in force.

The modalities
for obtaining the health certificate
referred to in Article 11(4)(a) of Directive 91/493/EEC
must include the definition of a model certificate, the
minimum requirements regarding the languages(s)
in
which it must be drafted and the status of the person
empowered to sign it.

Pursuant to Article 11(4)(b) of Directive 91/493/EEC, a
mark should be affixed to packages of fishery products
giving the name of the non-member country and the
establishment,
approval/registration number of
factory vessel, cold store or freezer vessel of origin,
except for certain frozen products.

the

Pursuant to Article 11(4)(c) of Directive 91/493/EEC, a
list of approved establishments, factory vessels or cold
stores must be drawn up, and a list of freezer vessels
equipped in accordance with points 1 to 7 of Annex II
to Council Directive 92/48/EEC (3) must also be drawn
up. These lists must be drawn up on the basis of a
communication from the DGPSA to the Commission. It
is therefore for the DGPSA to ensure compliance with
the provisions laid down to that end in Article 11(4) of
Directive 91/493/EEC.

(7)

(8)

The DGPSA has provided official assurances regarding
compliance with the rules set out in Chapter V of the
Annex to Directive 91/493/EEC and regarding the fulfil-
ment of hygienic requirements equivalent to those laid
down by that Directive.

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

HAS ADOPTED THIS DECISION:

Article 1

The ‘Dirección General de Protección y Sanidad Agropecuaria
(DGPSA) of the Ministerio Agropecuario y Forestal’ shall be the
competent authority in Nicaragua for verifying and certifying
fishery and aquaculture products with the
compliance of
requirements of Directive 91/493/EEC.

Article 2

Fishery and aquaculture products originating in Nicaragua must
meet the following conditions:

1. each consignment must be accompanied by a numbered
original health certificate, duly completed, signed, dated and
comprising a single sheet in accordance with the model in
Annex A hereto;

(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 24, 30.1.1998, p. 31.

(3) OJ L 187, 7.7.1992, p. 41.

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2. the products must come from approved establishments,
factory vessels or cold stores from registered freezer vessels
listed in Annex B hereto;

3. except in the case of frozen fishery products in bulk and
the manufacture of preserved foods, all
intended for
the word ‘NICARAGUA’ and the
packages must bear
approval/registration number of the establishment, factory
vessel, cold store or freezer vessel of origin in indelible
letters.

Article 3

1.
Certificates as referred to in Article 2 point 1 must be
drawn up in at least one official language of the Member State
where the checks are carried out.

2.
Certificates must bear the name, capacity and signature of
the representative of the DGPSA and the latter's official stamp
in a colour different from that of other endorsements.

Article 4

This Decision shall come into effect 60 days after its publica-
tion in the Official Journal of the European Communities.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 16 August 2001.

For the Commission

David BYRNE

Member of the Commission

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ANNEX A

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ANNEX B

LIST OF ESTABLISHMENTS AND VESSELS

Approval No

Name

City/Region

Category

505-3

Pescafresca

505-4

Promarnic

505-8

Central American Fisheries

505-10

Camanica

505-13

San Gabriel

505-15

Sahlman Seafoods of Nic.

505-18

Promasa

505-19

Pasenic

ANDEN BLUEFIELDS
REGION DEL ATLANTICO SUR

PUERTO CABEZAS
REGION
NORTE

DEL

ATLANTICO

CORN ISLAND
REGION DEL ATLANTICO SUR

KM.130 CARRETERA LEÓN
CHINANDEGA

CASARES
CARAZO

CIUDAD EL VIEJO
CHINANDEGA

CORINTO
CHINANDEGA

CORN ISLAND
REGION DEL ATLANTICO SUR

505-20

505-24

505-27

Mariscos Cuatro Estaciones

MANAGUA

Carodi Seafoods de Nic.

PUERTO CABEZAS
REGION
NORTE

DEL

ATLANTICO

Pamela Ann (Pesquera Jorge de
Nicaragua, SA)

CORINTO
CHINANDEGA

505-29

Procesadora de Mariscos Lat, SA

MANAGUA

PP

PP

PP

PP

PP

PP

PP

PP

PP

PP

ZV

PP

PP: Processing plant.
ZV: Freezer vessel.