2006/766/EC: Commission Decision of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted (notified under document number C(2006) 5171)   (Text with EEA relevance)
Date: 2006-11-06
Institutions: European Commission
Subjects: fishery product, health control, import (EU), mollusc, originating product, third country

18.11.2006

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Official Journal of the European Union

L 320/53

COMMISSION DECISION

of 6 November 2006

establishing the lists of third countries and territories from which imports of bivalve molluscs,
echinoderms, tunicates, marine gastropods and fishery products are permitted

(notified under document number C(2006) 5171)

(Text with EEA relevance)

(2006/766/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

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 (1), and in
particular Article 11(1) thereof,

Whereas:

(1)

The special conditions for the import of bivalve molluscs,
tunicates, echinoderms and marine gastropods and of
fishery products from third countries have been laid down
in Regulation (EC) No 854/2004.

(2) Commission Decision 97/20/EC (2) established the list of
third countries fulfilling the equivalence conditions for the
production and placing on the market of bivalve molluscs,
echinoderms, tunicates and marine gastropods and Com-
mission Decision 97/296/EC (3) drew up the list of third
countries from which the import of fishery products is
authorised for human consumption.

(3)

Lists should be drawn up containing the third countries and
territories which satisfy the criteria 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 to protect the health of consumers. Nevertheless,
than
imports of adductor muscles of pectinidae other
aquaculture animals, completely separated from the viscera
and gonads, should also be permitted from third countries
not appearing on such a list.

(1) 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 (OJ L 338, 22.12.2005, p. 83).

(2) 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).

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

2006/200/EC (OJ L 71, 10.3.2006, p. 50).

(4)

(5)

The competent authorities of Australia, New Zealand and
Uruguay have provided appropriate guarantees that the
conditions applicable to live bivalve molluscs, echinoderms,
tunicates and marine gastropods are equivalent to those
provided for in the relevant Community legislation.

The competent authorities of Armenia, Belarus and Ukraine
have provided appropriate guarantees that the conditions
applicable to fishery products are equivalent
to those
provided for in the relevant Community legislation.

(6) Decisions 97/20/EC and 97/296/EC should therefore be

repealed and replaced by a new Decision.

(7)

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

HAS ADOPTED THIS DECISION:

Article 1

Imports of bivalve molluscs, tunicates, echinoderms and
marine gastropods

1. The list of third countries from which bivalve molluscs,
tunicates, echinoderms and marine gastropods may be imported,
as referred to in Article 11(1) of Regulation (EC) No 854/2004, is
established in Annex I to this Decision.

2. Notwithstanding Article 11(1) of Regulation (EC) No 854/
2004 , Paragraph 1 shall not apply to the adductor muscles of
pectinidae other than aquaculture animals, completely separated
from the viscera and gonads, that may be imported also from
third countries not appearing on the list
referred to in
paragraph 1.

Article 2

Imports of fishery products

The list of third countries and territories from which fishery
products may be imported, as referred to in Article 11(1) of
Regulation (EC) No 854/2004, is established in Annex II to this
Decision.

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Official Journal of the European Union

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Article 3

Repeal

This Decision is addressed to the Member States.

Article 4

Decisions 97/20/EC and 97/296/EC are repealed.

Done at Brussels, 6 November 2006.

References to the repealed Decisions shall be construed as
references to this Decision.

For the Commission

Markos KYPRIANOU

Member of the Commission

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Official Journal of the European Union

L 320/55

List of third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in
any form for human consumption are permitted

(Countries and territories referred to in Article 11 of Regulation (EC) No 854/2004)

ANNEX I

AU — AUSTRALIA

CL — CHILE (1)

JM — JAMAICA (2)

JP — JAPAN (1)

KR — SOUTH KOREA (1)

MA — MOROCCO

NZ — NEW ZEALAND

PE — PERU (1)

TH — THAILAND (1)

TN — TUNISIA

TR — TURKEY

UY — URUGUAY

VN — VIETNAM (1)

(1) Only frozen or processed bivalve molluscs, echinoderms,

tunicates and marine gastropods.

(2) Only marine gastropods.

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ANNEX II

List of third countries and territories from which imports of fishery products in any form for human
consumption are permitted

(Countries and territories referred to in Article 11 of Regulation (EC) No 854/2004)

AE — UNITED ARAB EMIRATES

AG — ANTIGUA AND BARBUDA (1)

AL — ALBANIA

AM — ARMENIA (2)

AN — NETHERLANDS ANTILLES

AR — ARGENTINA

AU — AUSTRALIA

BD — BANGLADESH

BG — BULGARIA (3)

BR — BRAZIL

BS — THE BAHAMAS

BY — BELARUS

BZ — BELIZE

CA — CANADA

CH — SWITZERLAND

CI — IVORY COAST

CL — CHILE

CN — CHINA

CO — COLOMBIA

CR — COSTA RICA

CU — CUBA

CV — CAPE VERDE

DZ — ALGERIA

EC — ECUADOR

EG — EGYPT

FK — FALKLAND ISLANDS

GA — GABON

(1) Only live crustaceans.
(2) Only for live non farmed crayfish.
(3) Only applicable until this Acceding State becomes a Member

State of the Community.

GD — GRENADA

GH — GHANA

GL — GREENLAND

GM — GAMBIA

GN — GUINEA CONAKRY (4) (5)

GT — GUATEMALA

GY — GUYANA

HK — HONG KONG

HN — HONDURAS

HR — CROATIA

ID — INDONESIA

IN — INDIA

IR — IRAN

JM — JAMAICA

JP — JAPAN

KE — KENYA

KR — SOUTH KOREA

KZ — KAZAKHSTAN

LK — SRI LANKA

MA — MOROCCO (6)

MG — MADAGASCAR

MR — MAURITANIA

MU — MAURITIUS

MV — MALDIVES

MX — MEXICO

MY — MALAYSIA

MZ — MOZAMBIQUE

(4) Only fish that has not undergone any preparation or
processing operation other than heading, gutting, chilling
or freezing.

(6)

(5) The reduced frequency of physical checks, provided for by
Commission Decision 94/360/EC (OJ L 158, 25.6.1994,
p. 41), shall not be applied.
Processed bivalve molluscs belonging to the species Acantho-
cardia tuberculatum must be accompanied by: (a) an additional
health attestation in accordance with the model set out in
Part B of Appendix V of Annex VI to Commission Regulation
(EC) No 2074/2005 (OJ L 338, 22.12.2005, p. 27); and (b)
the analytical results of
the
molluscs do not contain a paralytic shellfish poison (PSP)
level detectable by the bioassay method.

the test demonstrating that

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NA — NAMIBIA

NC — NEW CALEDONIA

NG — NIGERIA

NI — NICARAGUA

NZ — NEW ZEALAND

OM — OMAN

PA — PANAMA

PE — PERU

PG — PAPUA NEW GUINEA

PH — PHILIPPINES

PF — FRENCH POLYNESIA

PM — ST PIERRE & MIQUELON

PK — PAKISTAN

RO — ROMANIA (1)

RU — RUSSIA

SA — SAUDI ARABIA

SC — SEYCHELLES

SG — SINGAPORE

SN — SENEGAL

SR — SURINAME

SV — EL SALVADOR

TH — THAILAND

TN — TUNISIA

TR — TURKEY

TW — TAIWAN

TZ — TANZANIA

UA — UKRAINE

UG — UGANDA

US — UNITED STATES OF AMERICA

UY — URUGUAY

VE — VENEZUELA

VN — VIETNAM

XM — MONTENEGRO (2)

XS — SERBIA (2) (3)

YE — YEMEN

YT — MAYOTTE

ZA — SOUTH AFRICA

ZW — ZIMBABWE

(1) Only applicable until this Acceding State becomes a Member

State of the Community.

(2) Only whole fresh fish from wild seawater catches.
(3) Not including Kosovo as defined by the United Nations

Security Council Resolution 1244 of 10 June 1999.