Commission Regulation (EC) No 1246/2007 of 24 October 2007 amending Regulation (EC) No 2076/2005 as regards the extension of the transitional period granted to food business operators importing fish oil intended for human consumption (Text with EEA relevance)
Date: 2007-10-24
Institutions: European Commission
Subjects: animal oil, derogation from EU law, fish, food inspection, food safety, foodstuffs legislation, import

25.10.2007

EN

Official Journal of the European Union

L 281/21

COMMISSION REGULATION (EC) No 1246/2007

of 24 October 2007

amending Regulation (EC) No 2076/2005 as regards the extension of the transitional period granted
to food business operators importing fish oil intended for human consumption

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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,

(4)

Having regard to Regulation (EC) No 854/2004 of the European
Parliament and of the Council of 29 April 2004 laying down
specific rules
the organisation of official controls on
products of animal origin intended for human consumption (2),
and in particular Article 16 thereof,

for

Whereas:

food of animal origin for

Regulation (EC) No 853/2004 lays down specific rules
on the hygiene of
food
business operators. That Regulation provides that food
business operators producing fish oil
intended for
human consumption are to comply with the relevant
provisions of Annex III thereto.

(5)

Regulation (EC) No 854/2004 lays down specific rules
for the organisation of official controls on products of
animal origin.
It applies in respect of activities and
persons to which Regulation (EC) No 853/2004 applies.

(1)

(2)

(3)

of

7(3)

Regulation

Article
(EC)
Commission
No 2076/2005 of 5 December 2005 laying down transi-
tional arrangements for the implementation of Regu-
lations (EC) No 853/2004, (EC) No 854/2004 and (EC)
No 882/2004 of the European Parliament and of the
Council and amending Regulations (EC) No 853/2004
and (EC) No 854/2004 (3) provides for a derogation
human
for
from the

requirements

fish

for

oil

(1) OJ L 139, 30.4.2004, p. 55; as corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 139, 30.4.2004, p. 206; as corrected by OJ L 226, 25.6.2004,
(EC)

83. Regulation

by Regulation

amended

last

as

p.
No 1791/2006.

(3) OJ L 338, 22.12.2005, p. 83. Regulation as last amended by Regu-

lation (EC) No 479/2007 (OJ L 111, 28.4.2007, p. 46).

III

of Annex

to Regulation

consumption laid down in Part E of Chapter III of
Section VIII
(EC)
No 853/2004 for food business operators so that they
may continue, until 31 October 2007, to import fish oil
from establishments
that were
approved for that purpose before the date of the entry
into
(EC)
Commission
of
force
No 1664/2006 (4).

in third countries

Regulation

of

Regulation

addition, Article

(EC)
7(4)
In
No 2076/2005 provides for a derogation from Annex
VI to Commission Regulation (EC) No 2074/2005 of
5 December 2005 laying down implementing measures
for certain products under Regulation (EC) No 853/2004
of the European Parliament and of the Council and for
the organisation of official controls under Regulation
(EC) No 854/2004 of the European Parliament and of
the Council and Regulation (EC) No 882/2004 of the
the Council, derogating
European Parliament and of
from Regulation (EC) No 852/2004 of
the European
Parliament and of the Council and amending Regulations
(EC) No 853/2004 and (EC) No 854/2004 (5), for fish oil
for which a certificate has been issued in accordance with
national rules applicable before the date of the entry into
force of Regulation (EC) No 2074/2005, duly completed
and signed prior to 31 October 2007, which may be
imported into the Community until 31 December 2007.

It now appears that third countries will be unable to
comply with the requirements for fish oil for human
consumption laid down in Annex III to Regulation (EC)
No 853/2004 by 31 October 2007. In particular, third
in
experiencing practical
are
countries
adjusting
oil
conditions
processing
the
producing establishments
to comply with
those requirements. As the importation of fish oil on
the basis of
the existing requirements does not pose
any additional risk for human health, and in order to
avoid any disruption in trade,
is appropriate to
extend by one year the period of the derogation. The
derogation provided for in Article 7(3) of Regulation
(EC) No 2076/2005 should therefore be extended until
31 October 2008.

difficulties
fish
in

in order

it

(6)

The derogation provided for in Article 7(4)(b) of Regu-
lation (EC) No 2076/2005 should also be extended until
31 December 2008 for imports into the Community of
fish oil accompanied by the relevant certificate.
In
addition, such certificates should be duly completed
and signed prior to 31 October 2008.

(4) OJ L 320, 18.11.2006, p. 13.
(5) OJ L 338, 22.12.2005, p. 27. Regulation as amended by Regulation

(EC) No 1664/2006.

L 281/22

EN

Official Journal of the European Union

25.10.2007

(7)

(8)

Regulation (EC) No 2076/2005 should be amended
accordingly.

1. In paragraph 3, the date of ‘31 October 2007’ is replaced by

‘31 October 2008’.

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

opinion

the

the

of

2. In paragraph 4, point (b) is amended as follows:

(a)

the date of ‘31 October 2007’ is replaced by ‘31 October
2008’;

HAS ADOPTED THIS REGULATION:

(b) the date of

‘31 December 2007’

is

replaced by

‘31 December 2008’.

Article 1

Article 2

Article 7 of Regulation (EC) No 2076/2005 is amended as
follows:

This Regulation shall enter into force on the 20th 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, 24 October 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission