2003/762/EC: Commission Decision of 15 October 2003 laying down special conditions governing imports of fishery products from the Netherlands Antilles (Text with EEA relevance) (notified under document number C(2003) 3649)
Date: 2003-10-15
Institutions: European Commission
Subjects: Netherlands Antilles, fishery product, health certificate, health control, import, originating product

24.10.2003

EN

Official Journal of the European Union

L 273/33

COMMISSION DECISION

of 15 October 2003

laying down special conditions governing imports of fishery products from the Netherlands
Antilles

(notified under document number C(2003) 3649)

(Text with EEA relevance)

(2003/762/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Regulation (EC) No 806/2003 (2), and in particular
Article 11 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

An inspection has been carried out on behalf of the
Commission in the Netherlands Antilles to verify the
conditions under which fishery products are produced,
stored and dispatched to the Community.

The requirements in the legislation of the Netherlands
Antilles on health inspection and monitoring of fishery
products may be considered equivalent
to those laid
down in Directive 91/493/EEC.

In particular, the Inspectorate for Public Health (IPH) of
the Ministry of Public Health and Social Development, is
capable of effectively verifying the implementation of
the legislation in force.

regarding
The IPH has provided official assurances
compliance with the standards for health controls and
monitoring of fishery products as set out in Chapter V
of the Annex to Directive 91/493/EEC and regarding the
fulfilment of hygienic requirements equivalent to those
laid down by that Directive.

is appropriate

It
to lay down detailed provisions
concerning fishery products imported into the Commu-
nity from the Netherlands Antilles, in accordance with
Directive 91/493/EEC.

It is also necessary to draw up a list of approved estab-
lishments, factory vessels, or cold stores, and a list of
freezer vessels equipped in accordance with the require-
ments of Council Directive 92/48/EEC of 16 June 1992
laying down the minimum hygiene rules applicable to
fishery products caught on board of certain vessels in
accordance with Article 3(1)(a)(i) of Directive 91/493/
EEC (3). These lists should be drawn up on the basis of a
communication from the IPH to the Commission.

(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 187, 7.7.1992, p. 41.

(7)

(8)

(9)

However, at the time of the inspection visit there were
no establishments approved in conformity with the
Community legislation and the inspection team was not
able to verify the inspection capacity of the competent
authorities as regards the land establishments. Therefore,
the inclusion of establishments in the list will require a
further evaluation.

It is appropriate for the present Decision to be applied
45 days after its publication to provide for the necessary
transitional period.

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,

HAS ADOPTED THIS DECISION:

Article 1

The Inspectorate for Public Health (IPH) of the Ministry of
Public Health and Social Development, shall be the competent
authority in the Netherlands Antilles identified for the purposes
of verifying and certifying compliance of fishery products with
the requirements of Directive 91/493/EEC.

Article 2

Fishery products imported into the Community from the Neth-
erlands Antilles shall comply with Articles 3, 4 and 5.

Article 3

Each consignment shall be accompanied by a numbered
1.
in
original health certificate in accordance with the model
Annex I and comprising a single sheet, duly completed, signed
and dated.

2.
The certificate shall be drawn up in at least one official
language of the Member State where the checks are carried out.

3.
The certificate shall bear the name, capacity and signature
of the representative of the IPH, and the latter's official stamp
in a colour different from that of the endorsements.

Article 4

The fishery products shall come from approved factory vessels,
or from registered freezer vessels listed in Annex II.

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Official Journal of the European Union

24.10.2003

Article 5

Article 8

All packages shall bear the words ‘NETHERLANDS ANTILLES’
and the approval/registration number of the factory or freezer
vessel of origin in indelible letters, except in the case of frozen
fishery products in bulk and intended for the manufacture of
preserved foods.

Article 6

This Decision is addressed to the Member States.

The inclusion of establishments in the list of Annex II shall
only be done following the results of a Community evaluation.

Done at Brussels, 15 October 2003.

This Decision shall apply from 8 December 2003.

Article 7

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

L 273/35

ANNEX I

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Official Journal of the European Union

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Official Journal of the European Union

L 273/37

ANNEX II

List of establishments and vessels

Approval No

Name

City/Region

Approval
limit

Category

SHP/02/03

Albacora Caribe (Overseas Tuna Company NV)

Willemstad

SHP/02/99

Faro Villano (Overseas Tuna Company NV)

Willemstad

SHP/03/99

Intertuna Uno (Intertuna NV)

SHP/04/99

Intertuna Dos (Intertuna NV)

Willemstad

Willemstad

SHP/05/99

Albacora Diez (Overseas Tuna Company NV)

Willemstad

SHP/06/99

Albacora Nueve (Overseas Tuna Company NV)

Willemstad

SHP/01/2002

Patudo (Overseas Tuna Company NV)

SHP/01/2001

Castel Braz [Klipper SARL (Jaczon)]

Willemstad

Willemstad

SHP/02/2000

Lio I (Intrepido Dos) (Transgoa Fleet NV)

Willemstad

SHP/03/2000

Lio II (Intrepido Tres) (Transgoa Fleet NV)

Willemstad

SHP/04/2000

Artza (Atunsa NV)

SHP/05/2000

Intertuna Tres (Intertuna NV)

Willemstad

Willemstad

Legend:

ZV Freezer vessel.

ZV

ZV

ZV

ZV

ZV

ZV

ZV

ZV

ZV

ZV

ZV

ZV