2004/30/EC: Commission Decision of 23 December 2003 laying down specific conditions for the import of processed and frozen bivalve molluscs, echinoderms, tunicates and marine gastropods from Peru and repealing Decisions 2001/338/EC and 95/174/EC (Text with EEA relevance) (notified under document number C(2003) 5053)
Date: 2003-12-23
Institutions: European Commission
Subjects: Peru, frozen product, health control, import, mollusc, originating product, processed foodstuff, quality label

10.1.2004

EN

Official Journal of the European Union

L 6/53

COMMISSION DECISION

of 23 December 2003

laying down specific conditions for the import of processed and frozen bivalve molluscs, echino-
derms, tunicates and marine gastropods from Peru and repealing Decisions 2001/338/EC and 95/
174/EC

(notified under document number C(2003) 5053)

(Text with EEA relevance)

(2004/30/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), and in
particular Article 9(3)(b) thereof,

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 (2), and in
particular Article 11 (1) thereof,

Whereas:

(1)

(2)

(3)

Commission Decision 95/174/EC of 7 March 1995
laying down special conditions for the import of live
bivalve molluscs, echinoderms,
tunicates and marine
gastropods originating in Peru (3), provides for the sani-
tary conditions to fulfill when importing live bivalve
molluscs from Peru.

Following the deficiencies observed during an inspection
visit to Peru in April 2001 Commission adopted Deci-
sion 2001/338/EC of 27 April 2001 concerning certain
protective measures with regard to bivalve molluscs
from or originating in Peru (4). The mission also identi-
fied that no live molluscs were exported from Peru and
that no control measures for molluscs disease were
enacted by the Peruvian competent authority.

A new inspection visit to Peru carried out in May 2002
revealed satisfactory improvements in the sanitary condi-
tions and the rectification of some of the shortcomings
related to the sanitary control applied by the Peruvian
authorities. These findings allowed the Commission to
adopt Commission Decision 2003/509/EC of 10 July
2003 amending Decision 2001/338/EC concerning
certain protective measures with regard to bivalve
molluscs originating in Peru (5).

(1) OJ L 268, 24.9.1991, p. 1, as last amended by Regulation (EC) No

806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 268, 24.9.1991, p. 15, as last amended by Regulation (EC) No

806/2003.

(3) OJ L 116, 23.5.1995, p. 47.
(4) OJ L 120, 28.4.2001, p. 45.
(5) OJ L 174, 12.7.2003, p. 40.

(4)

(5)

(6)

(7)

The guarantees now provided by the competent authori-
ties, supported by documental evidence, show that they
have rectified the shortcomings found during the inspec-
tion mission. Therefore, since the protective measures
provided by Commission Decision 2001/338/EC are no
longer necessary, that Decision should be repealed.

Furthermore, Peru wishes to export to the Community
only frozen or processed bivalve molluscs, echinoderms,
tunicates and marine gastropods which have been steri-
lised or heat-treated in accordance with the requirements
of Commission Decision 2003/774/EC of 30 October
2003 approving certain treatments to inhibit the devel-
opment of pathogenic micro-organisms
in bivalve
molluscs and marine gastropods (6). Consequently, the
specific import conditions should concern frozen and
processed bivalve molluscs only, and production areas
should be designated from which bivalve molluscs, echi-
tunicates and marine gastropods may be
noderms,
harvested, in accordance with Article 3(4)(b) of Directive
91/493/EEC. Therefore new specific import conditions
should be established and Decision 95/174/EC repealed
accordingly.

The other import conditions should be those already laid
down in Commission Decision 95/173/EC laying down
special conditions governing imports of
fishery and
aquaculture products originating in Peru (7).

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 ‘Ministerio de la Salud, Direccion General de Salud
Ambiental (DIGESA)’ shall be the competent authority in Peru
for verifying and certifying that bivalve molluscs, echinoderms,
tunicates and marine gastropods fulfil
the requirements of
Directive 91/492/EEC.

(6) OJ L 283, 31.10.2003, p. 78.
(7) OJ L 116, 23.5.1995, p. 41, as amended by Decision 95/311/EC

(OJ L 186, 5.8.1995, p. 78).

L 6/54

EN

Official Journal of the European Union

10.1.2004

Article 2

Article 4

1.
Processed or frozen bivalve molluscs, echinoderms, tuni-
cates and marine gastropods originating in Peru and intended
for human consumption must originate in the authorised
production areas listed in the Annex to this Decision.

Consignments shall

2.
Decision 95/173/EC.

fulfil

the conditions laid down in

This Decision shall apply from 13 January 2004.

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 23 December 2003.

Article 3

Decisions 95/174/EEC and 2001/338/EC are repealed.

For the Commission

David BYRNE

Member of the Commission

ANNEX

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

Number

Name

Location

Category (1)

001

002

003

004

005

006

007

008

Pucusana

Guaynuna

Pucusana-Lima

Casma-Ancash

La Mina/Bahía de Lagunillas

Pisco-Ica

Isla Tortuga

Casma-Ancash

Bahía de Independencia

Bahía de Paracas

Playa Jaguay

Playa La Antena

Pisco-Ica

Pisco-Ica

Chincha-Ica

Chincha-Ica

a

a

a

a

a

a

a

a

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