2004/914/EC: Commission Decision of 16 December 2004 amending Decision 2003/858/EC as regards imports of live fish of aquaculture origin and products thereof for further processing or immediate human consumption (notified under document number C(2004) 4560)Text with EEA relevance
Date: 2004-12-16
Institutions: European Commission
Subjects: aquaculture, fish, food consumption, health certificate, health control, import

L 385/60

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Official Journal of the European Union

29.12.2004

COMMISSION DECISION

of 16 December 2004

amending Decision 2003/858/EC as regards imports of live fish of aquaculture origin and products
thereof for further processing or immediate human consumption

(notified under document number C(2004) 4560)

(Text with EEA relevance)

(2004/914/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

considered exotic to the Community. Experience has
shown that these requirements are not clearly described
by the wording of Article 5(2), and therefore that article
should be amended for the sake of clarification.

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,

(5)

Whereas:

Commission Decision 2003/858/EC of 21 November
2003 laying down the animal health conditions and
certification requirements for imports of live fish, their
eggs and gametes intended for farming, and live fish of
intended for
aquaculture origin and products thereof
human consumption (2), sets out
the specific animal
health conditions for imports of live fish and certain
products of aquaculture origin into the Community
from third countries.

The definition of ‘farming’ in Decision 2003/858/EC has
led to different interpretations concerning the scope of
this definition
the Decision. For the sake of clarity,
should therefore be made more precise.

(6)

requirements

laid down in Council Directive
The
91/493/EEC of 22 July 1991 laying down the health
conditions for the production and the placing on the
fishery products (3), apply also to live fish
market of
imported for the purpose of human consumption. For
the sake of clarity, Article 4 of Decision 2003/858/EC
should be amended accordingly.

The import requirements for fish products to be further
processed in Decision 2003/858/EC should apply only to
species susceptible to diseases referred to in List II of
Annex A to Directive 91/67/EEC or diseases that are

(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 324, 11.12.2003, p. 37. Decision as last amended by Decision

2004/454/EC (OJ L 156, 30.4.2004, p. 33).

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

(EC) No 806/2003.

(1)

(2)

(3)

(4)

a

for

document

Commission Regulation (EC) No 282/2004 of 18
the
February 2004 introducing
declaration of, and veterinary checks on, animals from
third countries entering the Community (4), has replaced
Decision 92/527/EEC (5). Where live fish are destined for
farming or restocking purposes, the control procedure in
Article 8 of Council Directive 91/496/EEC of 15 July
1991 laying down the principles governing the organi-
sation of veterinary checks on animals entering the
Community
amending
Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (6),
should be used and the common veterinary entry
document in Regulation (EC) No 282/2004 completed
accordingly by the official veterinarian.

from third

countries

and

at Community border

Commission Regulation (EC) No 136/2004 of 22
January 2004 laying down procedures for veterinary
checks
inspection posts on
products imported from third countries (7) has replaced
Decision 93/13/EEC (8). Where certain products of aqua-
culture origin are destined for further processing in the
Community,
the control procedure in Article 8 of
Council Directive 97/78/EC of 18 December 1997
laying down the principles governing the organisation
of
the
on
Community from third countries (9) should be used and
the common veterinary entry document in Regulation
(EC) No 136/2004 completed accordingly by the
official veterinarian.

veterinary

products

entering

checks

(4) 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).

(5) OJ L 332, 18.11.1992, p. 22.
(6) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the Act
concerning the conditions of accession (OJ L 236, 23.9.2003,
p. 381).

(7) OJ L 21, 28.1.2004, p. 11.
(8) OJ L 9, 15.1.1993, p. 33.
(9) 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).

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The certification procedures laid down in Article 7 of
Decision 2003/858/EC should be amended accordingly,
and its Annex VI deleted.

3. Article 5(2) is replaced by:

(7)

(8)

(9)

It is necessary, for the sake of simplification and clarifi-
cation, to harmonise statements on the model certificates
laid down in the Annexes to Decision 2003/858/EC,
laid down
with those on the model
pursuant
IV
III,
to Directive 91/493/EEC. Annexes II,
and V to Decision 2003/858/EC should be amended
accordingly.

certificates

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/858/EC is amended as follows.

1. Article 2(2)(g) is replaced by:

‘(g) “farming” means the keeping of aquatic animals on a

farm.’

2. Article 4 is replaced by the following:

‘Article 4

Conditions related to importation of live fish of aqua-
culture origin for human consumption

Member States shall authorise the importation into their
territory of
live fish of aquaculture origin intended for
immediate human consumption or for further processing
before human consumption, only if:

(a)

the fish originate in third countries authorised under
Article 11 of Directive 91/493/EEC, and comply with
the public health certification requirements laid down
under that Directive; and

(b) the consignment complies with the conditions laid

down in Article 3(1); or

(c)

the fish is sent directly to an approved import centre to
be slaughtered and eviscerated.’

‘2. Member States shall ensure that the processing of fish
products of aquaculture origin from species susceptible to
EHN, ISA, VHS and IHN takes place in approved import
centres unless:

(a)

the fish have been eviscerated before dispatch to the
European Community; or

(b) the place of origin in the third country has a health
status as regards EHN, ISA, VHS and IHN, equivalent to
the place where they are to be processed.’

4. Article 6 is replaced by the following:

‘Article 6

Conditions related to importation of fish products of
aquaculture origin for immediate human consumption

Member States shall authorise the importation into their
territory of fish products of aquaculture origin intended
for immediate human consumption only if:

(a)

the fish originate in third countries and establishments
authorised under Article 11 of Directive 91/493/EEC,
and comply with the public health certification
requirements laid down under that Directive; and

(b) the consignment consists of fish products suitable for
retail sale to restaurants or directly to the consumer
without further processing; and labelled in accordance
with the provisions of Directive 91/493/EEC; and

(c)

the consignment complies with the guarantees laid
down in the animal health certificate drawn up in
in Annex V, taking into
conformity with the model
account the explanatory notes in Annex III.’

5. Article 7 is replaced by the following:

‘Article 7

Control procedures

Live fish, their eggs and gametes imported for the
1.
purpose of
farming, and live fish of aquaculture origin
imported for the purposes of restocking of put and take
fisheries shall be subject to veterinary checks at the border
inspection post in the Member State of arrival according to
Article 8 of Directive 91/496/EEC, and the common
veterinary entry document provided for
in Regulation
(EC) No 282/2004 shall be completed accordingly.

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Live fish of aquaculture origin and products thereof
2.
imported for immediate human consumption or for further
processing before human consumption, shall be subject to
veterinary checks at
in the
according to Article 8 of
Member State of
Directive 97/78/EC, and the common veterinary entry
document provided for in Regulation (EC) No 136/2004
shall be completed accordingly.’

the border inspection post

arrival

3. Members States shall ensure that transport water from
imported consignments does not lead to contamination of
natural waters within their territory.’

7. Annex II is replaced by Annex I to this Decision.

8. Annex III is replaced by Annex II to this Decision.

9. Annex IV is replaced by Annex III to this Decision.

6. Article 8 is replaced by the following:

10. Annex V is replaced by Annex IV to this Decision.

‘Article 8

Preventing contamination of natural waters

1. Member States shall ensure that imported live fish of
aquaculture origin intended for human consumption are
not released into natural waters within their territory.

11. Annex VI is deleted.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 December 2004.

2. Member States shall ensure that imported products of
aquaculture origin intended for human consumption do
not contaminate any natural waters within their territory.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX I
‘ANNEX II

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ANNEX II
‘ANNEX III

EXPLANATORY NOTES

(a) The certificates shall be produced by the competent authorities of the exporting country, based on the appropriate
model appearing in Annex II, IV or V to this Decision taking into account the destination and use of the fish or
products after the arrival in the European Community (EC).

(b) Considering the status of the place of destination as regards viral haemorrhagic septicaemia (VHS),

infectious
haematopoietic necrosis (IHN), spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic
necrosis (IPN) and Gyrodactylus salaris (G. salaris)
in the EC Member State, the appropriate specific additional
requirements shall be incorporated and completed in the certificate.

(c) The original of each certificate shall consist of a single page, double-sided, or, where more than one page is

required, it shall be in such a form that all pages form part of an integrated whole and are indivisible.
It shall, on the right hand side of the top of each page, be marked as ‘original’ and bear a specific code number
issued by the competent authority. All pages of the certificate shall be numbered - (page number) of (total number of
pages).

(d) The original of the certificate and the labels referred to in the model certificate shall be drawn up in at least one
official language of the EC Member State in which the inspection at the border post shall be carried out and of the
EC Member State of destination. However, these Member States may allow other languages, if necessary, accom-
panied by an official translation.

(e) The certificate issued for live fish, their eggs and gametes must be completed on the day of loading of the
consignment for exportation to the EC. The original of the certificate must be completed with an official stamp
and signed by an official inspector designated by the competent authority. In doing so, the competent authority of
the exporting country shall ensure that the principles of certification equivalent to those laid down in Council
Directive 96/93/EC are followed.

The stamp, unless embossed, and the signature shall be in a colour different to that of the printing.

(f)

If for reasons of identification of the items of the consignment, additional pages are attached to the certificate,
these pages shall be considered as forming part of the original and be signed and stamped by the certifying official
inspector on each page.

(g) The original of the certificate must accompany the consignment until it reaches the EC border inspection post.

(h) The certificate issued for live fish, their eggs and gametes shall be valid for 10 days from the date of issue. In the

case of transport by ship, the time of validity is prolonged by the time of journey at sea.

(i) The live fish, their eggs and gametes shall not be transported together with other fish, eggs or gametes that, either
are not destined to EC, or are of a lower health status. Furthermore, they must not be transported under any other
conditions that alter their health status.

(j) The possible presence of pathogens in the water is relevant for considering the health status of live fish, eggs and

gametes. The certifying officer should therefore consider the following:
the ‘Place of origin’ should be the localisation of the farm where the fish, eggs or gametes was reared reaching their
commercial size relevant for the consignment covered by this certificate.’

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ANNEX III
‘ANNEX IV

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’

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ANNEX IV
‘ANNEX V