Corrigendum to corrigendum to Commission Decision 2004/454/EC of 29 April 2004 amending Annexes I, II and III to Decision 2003/858/EC 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 aquaculture origin and products thereof intended for human consumption (OJ L 202, 7.6.2004)
Date: 2005-04-12
Institutions: European Commission
Subjects: fish, fish farming, health certificate, health legislation, import, originating product, third country

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Official Journal of the European Union

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Corrigendum to corrigendum to Commission Decision 2004/454/EC of 29 April 2004 amending Annexes I, II and
III to Decision 2003/858/EC 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 aquaculture origin and products thereof
intended for human consumption

(Official Journal of the European Union L 202 of 7 June 2004)

Decision 2004/454/EC should read as follows:

‘COMMISSION DECISION

of 29 April 2004

amending Annexes I, II and III to Decision 2003/858/EC 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 aquaculture origin and products thereof intended for human consumption

(notified under document number C(2004) 1680)

(Text with EEA relevance)

(2004/454/EC)

Decision 2003/858/EC should take those additional guar-
antees into account and be amended accordingly.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/858/EC is amended as follows:

1. Annex I is replaced by the text in Annex I to this Decision.

2. Annex II is replaced by the text in Annex II to this Decision.

3. Annex III is replaced by the text in Annex III to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2004.

For the Commission
David BYRNE
Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

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)

(2)

Commission Decision 2003/858/EC (2) lays down the spe-
cific animal health conditions and model certificates appli-
cable to third countries or parts thereof from which Mem-
ber States are authorised to import live fish, their eggs and
gametes intended for farming, and live fish of aquacul-
ture origin and products thereof intended for human
consumption.

By Commission Decision 2004/453/EC of 29 April 2004
implementing Council Directive 91/67/EEC as regards
measures against certain diseases in aquaculture animals (3)
Denmark, Finland, Ireland, Sweden and the United King-
dom have been granted additional guarantees for certain
diseases referred to in Annex A, Column 1, List III to Direc-
tive 91/67/EEC.

(3)

Those guarantees should also apply when live fish is
imported from third countries. Annexes I, II and III to

(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.
(3) OJ L 156, 30.4.2004, p. 5. Corrected in OJ L 202, 7.6.2004, p. 4.

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ANNEX I

“ANNEX I

Territories from which importation of certain species of live fish, their eggs, and gametes intended for farming
in the European Community (EC) are authorised

Country

Territory

Specific requirements (1)

ISO-code

Name

Code

Description

VHS

IHN

SVC

BKD

IPN

G. salaris

Comments (2)

AL

AU

BR

BG

CA

CL

CN

CO

CG

HR

MK (3)

ID

IL

JM

JP

MY

NZ

RU

SG

ZA

LK

TW

TH

TR

US

Albania

Australia

Brazil

Bulgaria

Canada

Chile

China, Peoples
Republic of

Colombia

Congo

Croatia

Former
Yugoslav
Republic of
Macedonia

Indonesia

Israel

Jamaica

Japan

Malaysia
(Peninsular,
Western
Malaysia only)

New Zealand

Russian
Federation

Singapore

South Africa

Sri Lanka

Taiwan

Thailand

Turkey

United States

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

Carps only

(1)

Insert “Yes” or “No” as relevant if designated farm, coastal or continental zone is approved by the central competent authority of the export-
ing country as a territory that fulfils the specific animal health requirements - including a non-vaccination policy - for introduction into
European Community zones and farms having a Community approved programme or status, or for one or more of the diseases viral haem-
orrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), additional guarantees for spring viraemia of carp (SVC), bacte-
rial kidney disease (BKD, infectious pancreatic necrosis (IPN), and/or Gyrodactylus salaris (G. salaris).

(2) No limitations if left empty. If a 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) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations

currently taking place in the United Nations.”

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ANNEX II

“ANNEX II

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”

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ANNEX III

“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 use to which the
fish are to be put after the arrival to the EC.

(b) Considering the status of the place of destination as
regards viral haemorrhagic septicaemia (VHS), infec-
tious haematopoietic necrosis (IHN), spring viraemia
of carp (SVC), bacterial kidney disease (BKD), infec-
tious 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 num-
ber issued by the competent authority. All pages of
the certificate shall be numbered - (page number) of
(total number of pages).

(e) The original of the certificate must be completed on
the day of loading the consignment for exportation to
the EC 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 con-
signment, additional pages are attached to the certifi-
cate, these pages shall be considered as forming part
of the original and be signed and stamped by the cer-
tifying 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 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.

(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, accompanied by an official translation.

(i) The fish, their eggs and gametes, shall not be trans-
ported 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 sta-
tus.

(j) The possible presence of pathogens in the water is rel-
evant 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 certifi-
cate.”’