2004/37/EC: Commission Decision of 23 December 2003 laying down special conditions governing imports of fishery products from Serbia and Montenegro (Text with EEA relevance) (notified under document number C(2003) 5008)
Date: 2003-12-23
Institutions: European Commission
Subjects: Serbia and Montenegro, fishery product, health control, import, marketing standard, originating product

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COMMISSION DECISION

of 23 December 2003

laying down special conditions governing imports of fishery products from Serbia and Monte-
negro

(notified under document number C(2003) 5008)

(Text with EEA relevance)

(2004/37/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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), 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 Serbia and Montenegro to verify the
conditions under which fishery products are produced,
stored and dispatched to the Community.

The above conditions do not pertain to Kosovo, as
defined by the United Nations Security Council Resolu-
tion 1244 of 10 June 1999, which is the subject to
international civil administration by the United Nations
Mission in Kosovo (UNMIK). It is therefore not possible
to include the imports of fishery products from Kosovo
in this Decision.

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

In particular, the Ministry of Agriculture, Forestry and
Water Management of
the Republic of Montenegro
(MAFWM), is capable of effectively verifying the imple-
mentation of the legislation in force.

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

fresh seawater

is appropriate

It
to lay down detailed provisions
concerning fishery products imported into the Com-
munity from Serbia and Montenegro, in accordance with
Directive 91/493/EEC. These provisions should include
that only wild, whole fresh seawater fishery products
may be authorised for imports into the Community.

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 certain vessels in
accordance with Article 3(1)(a)(i) of Directive 91/493/
EEC (2). Those lists should be drawn up on the basis of a
communication from the MAFWM to the Commission.

(8)

(9)

It is appropriate for this Decision to be applied 45 days
after its publication providing for the necessary transi-
tional period.

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

HAS ADOPTED THIS DECISION:

Article 1

The Ministry of Agriculture, Forestry and Water Management
of the Republic of Montenegro (MAFWM), shall be the compe-
tent authority in Serbia and Montenegro (3) 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 Serbia
and Montenegro shall meet the requirements set out in Articles
3, 4 and 5.

Article 3

Fishery products shall be whole fresh fish from wild

1.
seawater catches.

(1) OJ L 268, 24.9.1991, p. 15; Directive as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 187, 7.7.1992, p. 41.
(3) Not including Kosovo as defined by the United Nations Security

Council Resolution 1244 of 10 June 1999.

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Each consignment shall be accompanied by a numbered
2.
original health certificate in accordance with the model set out
in Annex I and comprising a single sheet, duly completed,
signed and dated.

The health certificate shall be drawn up in at least one
language of the Member State where the checks are

3.
official
carried out.

The health certificate shall bear the name, capacity and
4.
signature of the representative of the MAFWM, and the latter's
official stamp in a colour different from that of the endorse-
ments.

Article 5

All packages shall bear the words ‘SERBIA AND MONTE-
NEGRO’ and the approval/registration number of the establish-
ment, factory vessel, cold store 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 shall apply from 28 February 2004.

This Decision is addressed to the Member States.

Article 7

Article 4

Done at Brussels, 23 December 2003.

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

For the Commission

David BYRNE

Member of the Commission

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ANNEX I

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ANNEX II

LIST OF ESTABLISHMENTS AND VESSELS

Approval No

Name

City/Region

Approval limit

Category

79

331

Antivari d.o.o

Albamont Rozafa d.o.o

Bar

Bar

PP

PP

Category Legend:

PP: Processing plant.