Commission Regulation (EC) No 1666/2006 of 6 November 2006 amending Regulation (EC) No 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council   (Text with EEA relevance)
Date: 2006-11-06
Institutions: European Commission
Subjects: animal product, food inspection, foodstuff, health certificate, health control, import (EU), mollusc

18.11.2006

EN

Official Journal of the European Union

L 320/47

COMMISSION REGULATION (EC) No 1666/2006

of 6 November 2006

amending Regulation (EC) No 2076/2005 laying down transitional arrangements
the
implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the
European Parliament and of the Council

for

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

Having regard to Regulation (EC) No 853/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific hygiene rules for food of animal origin (1), and in
particular Article 9 thereof,

Having regard to 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 (2), and in
particular Article 16 thereof,

Whereas:

(1) Commission Regulation (EC) No 2076/2005 (3) lays down
transitional arrangements
implementation of
for
Regulations (EC) No 853/2004, (EC) No 854/2004 and
(EC) No 882/2004 of the European Parliament and of the
Council (4). It is necessary to amend certain provisions.

the

(2) Commission Decision 2006/766/EC (5) draws up a list of
third countries which satisfy the conditions referred to in
Article 11(4) of Regulation (EC) No 854/2004 and which
are therefore able to guarantee that bivalve molluscs,
tunicates, echinoderms and marine gastropods and fishery
products exported to the Community meet the sanitary
conditions laid down in Community legislation to protect
the health of consumers.

(1) 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).

(2) OJ L 139, 30.4.2004, p. 206. Corrected by OJ L 226, 25.6.2004,
p. 83. Regulation as last amended by Commission Regulation (EC)
No 2076/2005.

(3) OJ L 338, 22.12.2005, p. 83.
(4) OJ L 165, 30.4.2004, p. 1. Corrected by 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) See page 53 of this Official Journal.

(3) Commission Decisions 97/20/EC (6) and 97/296/EC (7)
allowed certain third countries which had not yet under-
gone a Community control to export live bivalve molluscs
and fishery products into the Community under certain
conditions. Those Decisions are repealed by Commission
Decision 2006/765/EC (8). This possibility is not foreseen
by Regulation (EC) No 854/2004. In order to avoid any
disruption of the traditional pattern of trade, that possibility
should be maintained on a transitional basis.

(4)

The conditions to be applied to imports of live bivalve
molluscs, tunicates, echinoderms and marine gastropods
and fishery products
from these third countries or
territories should be at least equivalent to those governing
the production and placing on the market of Community
products.

(5) Without prejudice to the general principle laid down in
Chapter II(A)(4) of Annex II to Regulation (EC) No 854/
2004 whereby live bivalve molluscs from classified B areas
must not exceed the limits of 4 600 E.coli per 100 g of flesh
and intravalvular liquid,
tolerance in 10 % of samples
should be allowed for live bivalve molluscs originating from
those areas. Since the tolerance in 10 % of samples does not
represent a risk for public health and with a view to
allowing competent authorities to adapt progressively to
the scope of the relevant provisions in Regulation (EC)
No 854/2004 regarding the classification of B areas, a
transitional period should be granted for the classification
of those areas.

(6) Regulation (EC) No 2076/2005 should be amended

accordingly.

(7)

The measures provided for
in this Regulation are in
accordance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

(6) OJ L 6, 10.1.1997, p. 46. Decision as last amended by Decision 2002/

469/EC (OJ L 163, 21.6.2002, p. 16).

(7) OJ L 122, 14.5.1997, p. 21. Decision as last amended by Decision

2006/200/EC (OJ L 71, 10.3.2002, p. 50).

(8) See page 50 of this Official Journal.

L 320/48

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Official Journal of the European Union

18.11.2006

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2076/2005 is amended as follows:

1.

in Article 7, the following paragraphs 3 and 4 are added:

‘3. By way of derogation from Annex III, Section VIII,
Chapter III, Part E to Regulation 853/2004, food business
operators may continue until 31 October 2007 to import
fish oil from establishments in third countries that were
approved for that purpose before the entry into force of
Commission Regulation (EC) No 1664/2006 (*).

4. By way of derogation from Annex VI to Regulation
(EC) 2074/2005 the products referred in that Annex for
which the relevant import certificates have been issued in
accordance with the harmonised Community rules in force
before 1 January 2006 where applicable, and with the
national rules implemented by the Member States before
that date in other cases, may be imported into the
Community until 1 May 2007.

(*) OJ L 320, 18.11.2006, p. 13.’

2.

in Article 17 the following paragraph 2 is added:

‘2. By way of derogation from Article 11(1) of Regulation
(EC) No 854/2004, the Member States may authorise the
import of bivalve molluscs and fishery products from the
countries listed respectively in Annex I and Annex II to this
Regulation, provided that:

obtained in conditions at least equivalent to those
governing the production and placing on the market
of Community products and

(b)

the third country or
the competent authority of
to
territory takes appropriate measures in order
ensure that these imported products are accompanied
by the model health certificates
laid down in
Commission Decisions 95/328/EC (*) and 96/333/
EC (**) and marketed only on the domestic market of
the importing Member State or Member States
allowing the same import.

(*) OJ L 191, 12.8.1995, p. 32.
(**) OJ L 127, 25.5.1996, p. 33.’

3.

The following Article 17a is inserted:

‘Article 17a

Classification of production and relaying areas for live
bivalve molluscs

By way of derogation from Chapter II (A) (4) of Annex II to
Regulation (EC) No 854/2004, the competent authority
may continue to classify as being of Class B areas for which
the relevant limits of 4 600 E. coli par 100 g are not
exceeded in 90 % of samples.’;

4.

Annex I and Annex II are added in accordance with the
Annex to this Regulation.

Article 2

(a)

the competent authority of
the third country or
territory has provided to the Member State concerned
the guarantees that the products in question have been

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 November 2006.

For the Commission

Markos KYPRIANOU

Member of the Commission

18.11.2006

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Official Journal of the European Union

L 320/49

ANNEX

‘ANNEX I

List of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates and marine
gasteropods in whatever form for human consumption may be permitted

CA — CANADA

GL — GREENLAND

US — UNITED STATES OF AMERICA

List of third countries and territories from which imports of fishery products in whatever form for human
consumption may be permitted

ANNEX II

AO — ANGOLA

AZ — AZERBAIJAN (1)

BJ — BENIN

CG — REPUBLIC OF CONGO (2)

CM — CAMEROON

ER — ERITREA

FJ — FIJI

IL — ISRAEL

MM — MYANMAR

SB — SOLOMON ISLANDS

SH — ST HELENA

TG — TOGO

(1) Authorised only for imports of caviar.
(2) Authorised only for imports of fishery products caught, frozen and packed in their final packaging at sea.’