2004/623/EC: Commission Decision of 23 July 2004 amending Decision 2003/804/EC as regards imports of live molluscs for human consumption (notified under document number C(2004) 2613)(Text with EEA relevance)
Date: 2004-07-23
Institutions: European Commission
Subjects: health certificate, human nutrition, import, mollusc, veterinary inspection, veterinary legislation

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 23 July 2004

amending Decision 2003/804/EC as regards imports of live molluscs for human consumption

(notified under document number C(2004) 2613)

(Text with EEA relevance)

(2004/623/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

represent a low animal health risk, as these consignments
are not
fattening, or relaying in
Community waters.

for further growth,

Having regard to the Treaty
Community,

establishing the European

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 20(1) and Article 21(2) thereof,

Whereas:

(1)

Commission Decision 2003/804/EC of 14 November
2003 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 (2), sets out the specific animal
health conditions for imports of live molluscs into the
Community from third countries.

(2)

It is necessary to take into consideration that imports of
small quantities of molluscs, often high-value products,
directly for retail sale to supermarkets or restaurants, may

(3)

(4)

live

requirements

bivalve molluscs (3),

laid down in Council Directive
The
91/492/EEC of 15 July 1991 laying down the health
conditions for the production and the placing on the
and Council
market of
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 (4), give the appropriate
level of protection as regards live molluscs packed in
packages of a size suitable for retail sale to restaurants
or directly to the consumer, provided the molluscs do
not come in contact with Community waters. Additional
animal health certification for such consignments should
not be necessary.

It
is further necessary to take into consideration the
possibility that imports of live molluscs, which would
not fully comply with the requirements laid down in
Article 3 of Decision 2003/804/EC for situations where
the molluscs are bound for further processing, could be
channelled to import centres approved according to
Article 8 of Decision 2003/804/EC, and packed in
packages of a size suitable for retail sale to restaurants
or directly to the consumer.
the
imported molluscs will not come in direct contact with
natural waters in the Community.

In such situations,

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

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

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

(EC) No 806/2003.

(2) OJ L 302, 20.11.2003, p. 22. Decision as amended by Decision

(4) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation

2004/319/EC (OJ L 102, 7.4.2004, p. 73).

(EC) No 806/2003.

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(5)

(6)

(7)

they are

for
they may also be
they

Live bivalve molluscs should be treated as live aquatic
further breeding and
animals where
considered as
production, but
products where
human
immediate
they are transported in the
consumption, except
live state to preserve freshness. However, as regards
veterinary checks, all
live bivalve molluscs should be
examined in facilities approved to handle products of
animal origin, which are more appropriate for handling
such consignments.

that

are

for

Live bivalve molluscs imported from third countries
should therefore be
checks
subject
according
to Council Directive 97/78/EC of 18
December 1997 laying down the principles governing
the organisation of veterinary checks on products
entering the Community from third countries (1).

to veterinary

(EC) No

Regulation

282/2004
for

of
Commission
18 February 2004 introducing a document
the
declaration of, and veterinary checks on, animals from
third countries entering the Community (2), has replaced
Commission Decision 92/527/EC (3). Where live bivalve
molluscs are destined for breeding or production the
control procedure in Article 8 of Directive 97/78/EC
should be used and the common veterinary entry
document in Regulation (EC) No 282/2004 completed
accordingly by the official veterinarian.

(8) Where live bivalve molluscs are imported and intended
for human consumption the common veterinary entry
document set down in Commission Regulation (EC) No
136/2004 of 22 January 2004 laying down the
procedures
the veterinary checks at Community
inspection posts on products imported from
border
third countries (4)
should be used and completed
accordingly by the official veterinarian.

for

(9)

(10)

In order not to interrupt imports unnecessarily, taking
such
into
low animal
account
consignments
laid
down in Article 6 of Decision 2003/804/EC should be
amended accordingly, and Annex IV deleted.

the control procedures

represent,

health

risk

the

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

(1) OJ L 24, 30.1.1998, p. 9. Directive as last amended by Regulation
(EC) No 882/2004 of the European Parliament and of the Council
(OJ L 165, 30.4.2004, p. 1).

(2) OJ L 49, 19.2.2004, p. 11. Regulation as amended by Regulation

(EC) No 585/2004 (OJ L 91, 30.3.2004, p. 17).

(3) OJ L 332, 18.11.1992, p. 22.
(4) DO OJ L 21, 28.1.2004, p. 11.

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/804/EC is amended as follows:

1. Article 4 is replaced by the following:

‘Article 4

Conditions related to the importation of live molluscs
intended for human consumption

territory of

1. Member States shall authorise the importation into
their
further
processing before human consumption only if the consign-
ment:

live molluscs

intended for

(a) complies with the conditions laid down in Article 3(1);

or

(b) is sent directly to an approved import centre for further

processing.

territory of

live molluscs

2. Member States shall authorise the importation into
their
immediate
human consumption only if the molluscs originate in third
countries and establishments authorised under Article 9 of
of Directive
Directive
91/493/EEC and comply with the public health certification
requirements laid down under those Directives; and

91/492/EEC and Article

intended for

11

either

(a) the consignment consists of molluscs packed in packages
of a size suitable for retail sale to restaurants or directly
to the consumer; and the packages are clearly labelled
with the following text “Live molluscs for immediate human
consumption. Not to be relayed in Community waters.”;

or

(b) the consignment is sent directly to an approved import
further processed.
centre where
However, viable molluscs can only leave such premises
if they are packaged and labelled as required in (a) above.’

the molluscs

are

2. Article 6 is replaced by the following:

‘Article 6

Control procedures

1.
Live bivalve molluscs imported from third countries
shall be subject to veterinary checks at the border inspection
post in the Member State of arrival according to Article 8 of
Directive 97/78/EC.

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In the case of live molluscs, their eggs and gametes,
2.
imported into the Community for the purpose of further
growth, fattening or relaying, the common veterinary entry
document provided for in Regulation (EC) No 282/2004
shall be completed accordingly.

5. Annex V(A)(2) is replaced by:

‘2. Viable molluscs may only leave approved import centres
if they are packaged and labelled according to Article
4(2)(a) of this Decision.’

live molluscs

In the case of

3.
imported into the
Community for immediate human consumption or for the
purpose of further processing before human consumption,
the common veterinary entry document provided for in
Regulation
completed
136/2004
accordingly.’

(EC) No

shall

be

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 July 2004.

3. Annex II is replaced by the Annex to this Decision.

4. Annex IV is deleted.

For the Commission

David BYRNE
Member of the Commission

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ANNEX
‘ANNEX II

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