2004/319/EC: Commission Decision of 30 March 2004 amending Annex I to Decision 2003/804/EC laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption (Text with EEA relevance) (notified under document number C(2004) 1076)
Date: 2004-03-30
Institutions: European Commission
Subjects: health certificate, health control, import, mollusc, third country

7.4.2004

EN

Official Journal of the European Union

L 102/73

COMMISSION DECISION

of 30 March 2004

amending Annex I to Decision 2003/804/EC laying down the animal health conditions and certifi-
cation requirements for imports of molluscs, their eggs and gametes for further growth, fattening,
relaying or human consumption

(notified under document number C(2004) 1076)

(Text with EEA relevance)

(2004/319/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard 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 (1),
and in particular Article 19(1) thereof,

Whereas:

live molluscs,

A list of third countries from which Member States are
their eggs and
authorised to import
gametes for further growth, fattening, relaying or human
consumption in the Community, as well as model certifi-
cates that must accompany such consignments were
drawn up by Decision 2003/804/EC (2).

(4)

(5)

(6)

(7)

for

There is therefore an ongoing trade in live bivalve
molluscs
the purpose of human consumption
between certain third countries and certain Member
States. This trade would be blocked from 1 May 2004,
when Decision 2003/804/EC will be implemented.

In order not to interrupt, unnecessarily, ongoing trade
from third countries that Member States have found to
comply with conditions at
to those
applicable for placing on the market within the Com-
munity, certain third countries should be included in
Annex I to this Decision for a interim period of time,
pending the completion of the on-the-spot inspections
provided for by Community rules.

least equivalent

Such temporary listing should be limited to imports of
live bivalve molluscs
the purpose of human
consumption only, from areas authorised according to
Council Directive 91/492/EEC (3).

for

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

At the time of adoption of Decision 2003/804/EC, no
third countries could be listed in Annex I to the Deci-
sion.

HAS ADOPTED THIS DECISION:

Since the entering into force of Directive 91/67/EEC, the
animal health requirements for import of aquaculture
animals into the Community from third countries have
been unchanged. Pending the establishment of harmo-
nised certification requirements, the Member States have
been responsible for ensuring that imports of aquacul-
ture animals and products thereof from third countries
be subjected to conditions at least equivalent to those
applying to placing on the market of Community
products according to Article 20(3) of Directive 91/67/
EEC.

Article 1

Annex I to Decision 2003/804/EC is replaced by the Annex to
this Decision.

Article 2

This Decision shall apply from 1 May 2004.

(1) OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation

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

(2) OJ L 302, 21.11.2003, p. 22.

(3) OJ L 268, 24.9.1991, p. 1. Directive as last amended by Regulation

(EC) No 806/2003.

(1)

(2)

(3)

L 102/74

EN

Official Journal of the European Union

7.4.2004

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 30 March 2004.

For the Commission

David BYRNE

Member of the Commission

ANNEX

‘ANNEX I

Territories from which importation of certain species of live molluscs, their eggs and gametes intended for
further growth, fattening, or relaying in European Community waters are authorised

Country

Territory

ISO code

Name

Code

Description

Specific require-
ments (1)

Bonamia
ostreae

Marteilia
refringens

Comments (2)

CA

Canada (3)

HR

Croatia (3)

MA

Morocco (3)

NZ

New Zealand (3)

TN

Tunisia (3)

TR

Turkey (3)

US

United
America (3)

States

of

NO

NO

Live bivalve molluscs for human
consumption only (3)

NO

NO

Live bivalve molluscs for human
consumption only (3)

NO

NO

Live bivalve molluscs for human
consumption only (3)

NO

NO

Live bivalve molluscs for human
consumption only (3)

NO

NO

Live bivalve molluscs for human
consumption only (3)

NO

NO

Live bivalve molluscs for human
consumption only (3)

NO

NO

Live bivalve molluscs for human
consumption only (3)

(1)

“Yes” or “No” as relevant if designated farm, coastal or continental zone is approved by the central competent authority of the
exporting country as a territory that also fulfils the specific animal health requirements for introduction into Community zones and
farms having a Community approved programme or status as regards Bonamia ostreae and/or Marteilia refringens.

(2) No limitations if left empty. If country or territory is allowed to export only certain species and/or eggs or gametes, the species

should be specified and/or a comment with for example “eggs only” shall be inserted in this column.

(3) Temporary listing for the purpose of import for human consumption only. Shall be reconsidered before 1 January 2005.’