2006/767/EC: Commission Decision of 6 November 2006 amending Commission Decisions 2003/804/EC and 2003/858/EC, as regards certification requirements for live molluscs and live fish of aquaculture origin and products thereof intended for human consumption (notified under document number C(2006) 5167)   (Text with EEA relevance)
Date: 2006-11-06
Institutions: European Commission
Subjects: aquaculture, fish, food consumption, health certificate, health control, import, mollusc

L 320/58

EN

Official Journal of the European Union

18.11.2006

COMMISSION DECISION

of 6 November 2006

amending Commission Decisions 2003/804/EC and 2003/858/EC,
certification
requirements for live molluscs and live fish of aquaculture origin and products thereof intended
for human consumption

regards

as

(notified under document number C(2006) 5167)

(Text with EEA relevance)

(2006/767/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

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

Whereas:

(1) Regulation (EC) No 852/2004 of the European Parliament
and of the Council of 29 April 2004 on the hygiene of
foodstuffs (2) lays down the general rules for food business
operators on the hygiene of foodstuffs.

(2) Regulation (EC) No 853/2004 of the European Parliament
and of the Council of 29 April 2004 laying down specific
requirements concerning hygiene rules for food of animal
origin (3)
lays down specific requirements concerning
hygiene rules for food of animal origin.

(3) Regulation (EC) No 854/2004 of the European Parliament
and of the Council of 29 April 2004 laying down specific
rules for the organisation of official controls on products of
animal origin intended for human consumption (4),
lays
down specific rules for the organisation of official controls
on products of animal origin intended for human
consumption.

(4) Commission Regulation (EC) No 2074/2005 (5) lays down
implementing measures for certain products under Regula-
tion (EC) No 853/2004 and for the organisation of official
controls under Regulation (EC) No 854/2004 and Regula-
tion (EC) No 882/2004 of the European Parliament and of
the Council (6), derogating from Regulation (EC) No 852/
2004 and amending Regulations (EC) No 853/2004 and
(EC) No 854/2004.

(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 139, 30.4.2004, p. 1; corrected by OJ L 226, 25.6.2004, p. 3.
(3) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Commission Regulation (EC)
No 2076/2005 (OJ L 338, 22.12.2005, p. 83).

(4) OJ L 139, 30.4.2004, p. 206; corrected by OJ L 226, 25.6.2004,
p. 83. Regulation as last amended by Regulation (EC) No 2076/2005.

(5) OJ L 338, 22.12.2005, p. 27.
(6) OJ L 191, 28.5.2004, p. 1. Regulation as amended by Commission

Regulation (EC) No 776/2006 (OJ L 136, 24.5.2006, p. 3).

(5) Council Directive 95/70/EC (7) introduces minimum Com-
the control of certain diseases

munity measures
affecting bivalve molluscs.

for

(6) Directive 91/67/EEC provides

the animal health
conditions governing the placing on the market of
aquaculture animals and products.

for

(7) Commission Decision 2003/804/EC of 14 November 2003
laying down animal health conditions and certification
requirements for
imports of molluscs their eggs and
gametes for further growth, fattening, relaying or human
consumption (8), and Commission Decision 2003/858/EC
of 21 November 2003 laying down 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 (9)
lay down the
certification requirements for live molluscs and live fish
of aquaculture origin and products thereof intended for
human consumption.

(8)

In order to simplify the certification procedure for these
products, animal health certification requirements laid
down in those Decisions have been incorporated into the
health certificates drawn up in accordance with Regulation
(EC) No 853/2004 for consignments intended for human
consumption.

(9) Decisions 2003/804/EC and 2003/858/EC should therefore
be amended accordingly, also taking into account Council
Directive COM(2005) 362 on animal health requirements
for aquaculture animals and products thereof, and on the
prevention and control of certain diseases in aquatic
animals (10).

(7) OJ L 332, 30.12.1995, p. 33. Directive as last amended by the 2003

Act of Accession.

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

2005/409/EC (OJ L 139, 2.6.2005, p. 16).

(9) OJ L 324, 11.12.2003, p. 37. Decision as last amended by Decision

2005/742/EC (OJ L 279, 22.10.2005, p. 71).

(10) Not yet published in the Official Journal.

18.11.2006

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Official Journal of the European Union

L 320/59

(10) The measures provided for

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

(c)

be sent directly to an approved import centre where
the molluscs are further processed without prejudice
to Annex III Section VII of Regulation (EC) No 853/
2004 and Article 6 of Regulation (EC) No 854/2004.

HAS ADOPTED THIS DECISION:

Article 1

Amendments to Decision 2003/804/EC

Decision 2003/804/EC is amended as follows:

1.

Article 4 is replaced by the following:

‘Article 4

Conditions for the importation of live molluscs for
human consumption

1. Member States shall authorise the importation into
their territory live molluscs intended for human consump-
tion, only if:

(a)

(b)

(c)

the third country of dispatch appears on the list
established by Commission Decision 2006/766/EC (*);

the consignment is accompanied by a joint public and
animal health certificate drawn up in conformity with
the model laid down in Commission Regulation (EC)
No 2074/2005;

the consignment comply with the provisions for
packaging and labelling provided for in Regulation
(EC) No 853/2004.

If molluscs are to be relayed or

re-immersed in
2.
Community waters, the consignment must also comply
with the provisions laid down in Article 3(1).

(*) OJ L 320, 18.11.2006, p. 53.’

2.

Article 5 is replaced by the following:

‘Article 5

species

susceptible

2. Consignments of mollusc
to
infection with Bonamia ostrea and/or Marteilia refringens,
imported into Member States or zones being declared free,
or under programme
in
accordance with Articles 5 or 10 of Directive 91/67/EEC,
must comply with the following,
in addition to the
requirements set out in Article 4:

achieving such status

for

(a)

(b)

(c)

the source must be recognised free from the relevant
disease in accordance with Community legislation or
the relevant OIE Standard by the competent authority
of the third country of origin; or

the consignment must be imported as processed or
unprocessed products as defined in Article 2(1) of
Regulation (EC) No 852/2004; or

centre where

the consignment must be sent directly to an approved
import
further
processed without prejudice to Annex III Section VII
of Regulation (EC) No 853/2004 and Article 6 of
Regulation (EC) No 854/2004;

the molluscs

are

3. This Article shall not apply if the molluscs are packed
and labelled to be presented for sale to the final consumer
in accordance with Regulation (EC) No 853/2004.’;

3.

In Part A of Annex V, point 2 is replaced by the following:

‘2. Viable molluscs may only leave approved import
centres if
they are packaged and labelled to be
presented for sale to the final consumer in accordance
with Regulation (EC) No 853/2004.’

Article 2

Amendments to Decision 2003/858/EC

Additional conditions for the importation of certain
live molluscs for human consumption

Decision 2003/858/EC is amended as follows:

1. Consignments of mollusc species susceptible to one or
more of the diseases referred to in Annex D to Directive 95/
70/EC must,
in addition to the requirements set out in
Article 4:

(a)

come from a source without any unresolved abnormal
mortality and recognised free from diseases
in
question in accordance with Community legislation
or the relevant OIE (World Organisation for Animal
Health) Standard by the competent authority of the
third country of origin; or

(b)

be imported as processed or unprocessed products as
defined in Article 2(1) of Regulation (EC) No 852/
2004; or

1.

Article 5(1) is replaced by the following:

‘Article 5

Conditions for the importation of fish products of
aquaculture origin for human consumption

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

territory of

(a)

the third country of dispatch appears on the list
established by Commission Decision 2006/766/EC (*);

L 320/60

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Official Journal of the European Union

18.11.2006

(b)

(c)

the consignment is accompanied by a joint public and
animal health certificate drawn up in conformity with
the model laid down in Commission Regulation (EC)
No 2074/2005;

the consignment comply with the provisions for
packaging and labelling provided for in Regulation
(EC) No 853/2004.

(*) OJ L 320, 18.11.2006, p. 53’

2.

Article 6 is replaced by the following

‘Article 6

Additional conditions for the importation of certain
fish products of aquaculture origin for human
consumption

1. Consignments of fish species susceptible to ISA and/or
in addition to the requirements set out in
EHN must,
Article 5, also comply with the following:

(a)

the source must be recognised free from diseases in
question in accordance with Community legislation or
the relevant OIE (World Organisation for Animal
Health) Standard by the competent authority of the
third country of origin, or

(b)

the fish must be eviscerated before dispatch, or

(c)

the consignment must be sent directly to an approved
import centre where the fish are further processed.

2. Consignments of fish species susceptible to VHS and/
or IHN,
imported into Member States or zones being
declared free or under programme for achieving such status
in accordance with Articles 5 or 10 of Directive 91/67/EEC,
must comply with the following,
in addition to the
requirements set out in Article 5:

(a)

the source must be recognised free from the relevant
disease in accordance with Community legislation or
the relevant OIE Standard by the competent authority
of the third country of origin, or

(b)

the fish must be eviscerated before dispatch, or

(c)

the consignment must be sent directly to an approved
import centre where the fish are further processed.’

3.

Annexes IV and V are deleted.

Article 3

This Decision shall apply on the seventh day following its
publication in the Official Journal of the European Union.

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 6 November 2006.

For the Commission
Markos KYPRIANOU
Member of the Commission