2004/367/EC: Commission Decision of 19 April 2004 amending Decision 95/30/EC to lay down the conditions for imports from Morocco of bivalve molluscs belonging to the species Acanthocardia tuberculatum harvested and processed under the conditions of Decision 96/77/EC (Text with EEA relevance) (notified under document number C(2004) 1386)
Date: 2004-04-19
Institutions: European Commission
Subjects: Morocco, health certificate, import, mollusc, originating product

L 114/36

EN

Official Journal of the European Union

21.4.2004

COMMISSION DECISION

of 19 April 2004

amending Decision 95/30/EC to lay down the conditions for imports from Morocco of bivalve
molluscs belonging to the species Acanthocardia tuberculatum harvested and processed under the
conditions of Decision 96/77/EC

(notified under document number C(2004) 1386)

(Text with EEA relevance)

(2004/367/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), and in
particular Article 11(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Decision 95/30/EC (2)
lays down special
conditions governing imports of fishery and aquaculture
products originating in Morocco.

Scientific studies carried out on bivalve molluscs of the
species Acanthocardia tuberculatum harvested in produc-
tion areas with high toxicity level of paralytic shellfish
poison (PSP), have shown that suitable heat treatment
can guarantee a reduction in the level of PSP to an unde-
tectable level when the initial
level of contamination
does not exceed 300 µg per 100 g of mollusc flesh.

On the basis of those scientific studies, the Commission
adopted Decision 96/77/EC of 18 January 1996 estab-
lishing the conditions for the harvesting and processing
of certain bivalve molluscs coming from areas where the
paralytic shellfish poison level exceeds the limit
laid
down by Council Directive 91/492/EEC (3).

Decision 96/77/EC authorises Spain, under
certain
conditions, to harvest bivalve molluscs of the species
Acanthocardia tuberculatum in areas where the PSP level in
the edible parts of those molluscs is more than 80 µg
less than 300 µg per 100 g. Those
per 100 g but
bivalve molluscs may be intended for human consump-
tion after having undergone, after processing, a test lot
by lot to verify that they do not contain a PSP level
detectable by the bioassay method.

Morocco has also bivalve molluscs of
the species
Acanthocardia tuberculatum resources with a level of PSP
in the edible parts of more than 80 µg per 100 g but
less than 300 µg per 100 g.

(6)

(7)

(8)

(9)

Morocco has provided guarantees regarding the applica-
tion of the conditions laid down in Decision 96/77/EC,
to bivalve molluscs of the species Acanthocardia tubercu-
latum.

the

species Acanthocardia

Imports from Morocco of processed and canned bivalve
molluscs of
tuberculatum
harvested and processed in accordance with conditions
fulfilling the health requirements laid down in Directive
91/493/EEC and the harvesting and processing condi-
tions
laid down in Decision 96/77/EC should be
authorised.

Decision 95/30/EC should therefore be amended accord-
ingly.

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

Decision 95/30/EC is amended as follows:

1. In Article 2, the following paragraph 4 is added:

‘4.
processed and canned bivalve molluscs belonging to
the species Acanthocardia tuberculatum must be accompanied
by:

(a) an additional health attestation in accordance with the

model set out in Annex A; and

(b) the analytical results of the test demonstrating that the
molluscs do not contain a paralytic shellfish poison
(PSP) level detectable by the bioassay method.’

2. In Annex A, the text in the Annex to this Decision is added.

(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 42, 24.2.1995, p. 32. Decision as last amended by Decision

97/581/EC (OJ L 237, 28.8.1997, p. 26).

(3) OJ L 15, 20.1.1996, p. 46.

Article 2

This Decision shall apply from 24 April 2004.

21.4.2004

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Official Journal of the European Union

L 114/37

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 19 April 2004.

For the Commission

David BYRNE

Member of the Commission

L 114/38

EN

Official Journal of the European Union

21.4.2004

ANNEX