2002/470/EC: Commission Decision of 20 June 2002 laying down special conditions for the import of processed or frozen bivalve molluscs, echinoderms, tunicates and marine gastropods from Japan (Text with EEA relevance) (notified under document number C(2002) 2198)
Date: 2002-06-20
Institutions: European Commission
Subjects: Japan, frozen product, health control, import restriction, mollusc, processed foodstuff

21.6.2002

EN

Official Journal of the European Communities

L 163/19

COMMISSION DECISION

of 20 June 2002

laying down special conditions for the import of processed or frozen bivalve molluscs, echino-
derms, tunicates and marine gastropods from Japan

(notified under document number C(2002) 2198)

(Text with EEA relevance)

(2002/470/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 91/492/EEC of 15 July
1991 laying down the health conditions for the production and
the placing on the market of bivalve molluscs (1), as last
amended by Directive 97/79/EC (2), and in particular Article
9(3)(b) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

A Commission expert has conducted an inspection visit
to Japan to verify the conditions under which bivalve
molluscs are produced, processed, stored and dispatched
to the Community.

The provisions of legislation of Japan make the ‘Inspec-
tion and Safety Division (ISD) of the Ministry of Health,
Labour and Welfare’ responsible for inspecting the health
of bivalve molluscs, echinoderms, tunicates and marine
gastropods and for monitoring the hygiene and sanitary
conditions of production. The same legislation empowers
ISD to authorise or prohibit the harvesting of bivalve
molluscs, echinoderms, tunicates and marine gastropods
from certain zones.

ISD and its laboratories are capable of effectively verify-
ing the application of the laws in force in Japan.

The competent authorities of Japan have undertaken to
communicate regularly and quickly to the Commission
data on the presence of plankton containing toxins in
the harvesting zones.

The competent authorities of Japan have provided offi-
cial assurances regarding compliance with the require-
ments specified in Chapter V of the Annex to Directive
91/492/EEC and with requirements equivalent to those
prescribed in that Directive for the classification of pro-
duction and relaying zones, approval of dispatch and
purification centres and public health control and pro-
duction monitoring.

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

(6)

(7)

(8)

(9)

Japan has been found eligible for inclusion in the list of
third countries fulfilling the conditions of equivalence re-
ferred to in Article 9(3)(a) of Directive 91/492/EEC.

Japan wishes to export to the Community frozen or pro-
cessed bivalve molluscs, echinoderms, tunicates and mar-
ine gastropods which have been sterilised or heat-treated
in accordance with the requirements of Commission De-
cision 93/25/EEC (3), amended by Decision 97/275/
EC (4). For this purpose, the production areas from which
bivalve molluscs, echinoderms, tunicates and marine gas-
tropods may be harvested and exported to the Commu-
nity should be designated.

The special import conditions should apply without pre-
judice to decisions taken pursuant to Council Directive
91/67/EEC of 28 January 1991 concerning the animal
health conditions governing the placing on the market
of aquaculture animals and products (5), as last amended
by Directive 98/45/EC (6).

Following the results of the inspection visit Commission
Decisions 92/91/EEC of 6 February 1992 on certain pro-
tective measures with respect to scallops originating in
Japan (7), as last amended by Decision 94/206/EC (8), 94/
205/EC of 8 April 1994 laying down special conditions
for the import of frozen or processed scallops and other
pectinidae originating in Japan (9), as last amended by
Decision 95/81/EC (10), and 95/119/EC of 7 April 1995
concerning certain protective measures with regard to
fishery products originating in Japan (11), as last amended
by Decision 95/537/EC (12), have become obsolete and
should be repealed.

(10)

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

(3) OJ L 16, 25.1.1993, p. 22.
(4) OJ L 108, 25.4.1997, p. 52.
(5) OJ L 46, 19.2.1991, p. 1.
(6) OJ L 189, 3.7.1998, p. 12.
(7) OJ L 32, 8.2.1992, p. 37.
(8) OJ L 99, 19.4.1994, p. 44.
(9) OJ L 99, 19.4.1994, p. 38.
(10) OJ L 66, 24.3.1995, p. 24.
(11) OJ L 80, 8.4.1995, p. 56.
(12) OJ L 304, 16.12.1995, p. 51.

L 163/20

EN

Official Journal of the European Communities

21.6.2002

HAS ADOPTED THIS DECISION:

Article 4

Article 1

This Decision shall apply from 24 June 2002.

The ‘Inspection and Safety Division (ISD) of the Ministry of
Health, Labour and Welfare’ shall be the competent authority in
Japan for verifying and certifying that bivalve molluscs, echino-
derms, tunicates and marine gastropods fulfil the requirements
of Directive 91/492/EEC.

Article 2

Processed or frozen bivalve molluscs, echinoderms, tunicates
and marine gastropods originating in Japan and intended for
human consumption must originate in the authorised produc-
tion areas listed in the Annex to this Decision.

Decisions 92/91/EEC, 94/205/EC and 95/119/EC are repealed.

Article 3

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 20 June 2002.

For the Commission

David BYRNE

Member of the Commission

ANNEX

PRODUCTION AREAS IN COMPLIANCE WITH THE PROVISIONS OF DIRECTIVE 91/492/EEC

Number

Name

Location

Category (1)

1

Eastern part of Mutsu Bay

Aomori prefecture

a

(1) Classification corresponding to criteria laid down in point 1 of Chapter I of the Annex to Directive 91/492/EEC.