2004/39/EC: Commission Decision of 23 December 2003 laying down special conditions governing imports of fishery products from Kenya, and repealing Decision 2000/759/EC (Text with EEA relevance) (notified under document number C(2003) 5027)
Date: 2003-12-23
Institutions: European Commission
Subjects: Kenya, 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 Kenya, and repealing
Decision 2000/759/EC

(notified under document number C(2003) 5027)

(Text with EEA relevance)

(2004/39/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 Kenya to verify the conditions under
stored and
which fishery products
dispatched to the Community.

are produced,

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

In particular, the Fisheries Department (FD), is capable of
effectively verifying the implementation of the legislation
in force.

regarding
The FD 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 Com-
in accordance with Directive 91/
munity from Kenya,
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 (2). Those lists should be drawn up on the basis of a
communication from the FD to the Commission.

(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.

Commission Decision 2000/759/EC of 1 December
2000 repealing Decision 1999/253/EC on protective
measures with regard to certain fishery products from or
originating in Kenya and Tanzania and amending the
health certification for fishery products originating or
proceeding from Kenya (3), provides for the addition of a
certain mention to the health certificate accompanying
the fishery products imported from Kenya. Since this
Decision provides for a new model of health certificate,
it is appropriate to repeal Decision 2000/759/EC.

(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 Fisheries Department
competent
(FD),
authority in Kenya identified for the purposes of verifying and
certifying compliance of fishery products with the requirements
of Directive 91/493/EEC.

shall be

the

Article 2

Fishery products imported into the Community from Kenya
shall meet the requirements set out in Articles 3, 4 and 5.

Article 3

1.
Each consignment shall be accompanied by a numbered
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

2.
official
carried out.

(3) OJ L 304, 5.12.2000, p. 18.

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

Decision 2000/759/EC is repealed.

Article 6

Article 4

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

Article 5

All packages shall bear the word ‘KENYA’ and the approval/
registration number of the establishment, 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 7

This Decision shall apply from 28 February 2004.

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 23 December 2003.

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

No d'agré-
ment/
Approval No

Nom/Name

Ville/City Région/Region

Date limite
d'agrément/
Approval
limit

Catégorie/
Category

02/LA/KEN W.E. Tilley (Muthaiga) Ltd

PO Box 11880 — Nairobi

O3/LC/KEN East African Sea Foods Ltda

PO Box 2354 — Kisumu

O4/LC/KEN Afro Meat Ltd

PO Box 1163 — Kisumu

09/LE/KEN

Prinsal Enterprises Ltd

PO Box 590 — Migori

10/LB/KEN

Transafrica Fisheries Ltd

PO Box 80492 — Mombasa

08/LC/KEN Peche Foods

PO Box 1064 — Kisumu

05/LD/KEN Capital Fish (K) Ltd

PO Box 607 — Homa Bay

16/LC/KEN Fish Processors (Two Thousand)

PO Box 9083 — Kisumu

Ltd

18//LA/KEN Samlaki (2000) Ltd

PO Box 31567 — Nairobi

19/LB/KEN

Sea Harvest (K) Ltd

PO Box 2175 — Mombasa

12/WB/KEN MV. Alpha Manyara (East African

PO Box 40268 — Mombasa

Sea Food Ltd)

13/WB/KEN MV. Alpha Serengeti (East African

PO Box 40268 — Mombasa

Sea Food Ltd)

14/WB/KEN MV. Alpha Amboseli (East African

PO Box 40268 — Mombasa

Sea Food Ltd)

15/WB/KEN MV. Venture II (Basta and Sons

PO Box 80782 — Mombasa

Ltd)

Category Legend:
PP: Processing plant/Etablissement.
ZV: Navire congelateur/Freezer Vessel.

PP

PP

PP

PP

PP

PP

PP

PP

PP

PP

ZV

ZV

ZV

ZV