Commission Regulation (EC) No 439/2008 of 21 May 2008 amending Annex II to Regulation (EC) No 2076/2005 as regards imports of fishery products from Fiji (Text with EEA relevance)
Date: 2008-05-21
Institutions: European Commission
Subjects: Fiji, fishery product, health control, import restriction, third country

L 132/16

EN

Official Journal of the European Union

22.5.2008

COMMISSION REGULATION (EC) No 439/2008

of 21 May 2008

amending Annex II to Regulation (EC) No 2076/2005 as regards imports of fishery products from
Fiji

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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,

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:

(1)

(2)

(3)

Article 11(1) of Regulation (EC) No 854/2004 provides
that products of animal origin are to be imported only
from a third country or a part of a third country that
appears on a list drawn up in accordance with that
Regulation.

(EC) No

2076/2005

Commission Regulation
of
5 December 2005 laying down transitional arrangements
for the implementation of Regulation of Regulations (EC)
(EC) No 854/2004 and (EC) No
No 853/2004,
822/2004 of
the
Council (3) provides, by way of derogation from
Article 11(1) of Regulation (EC) No 854/2004,
that
to certain conditions, may
Member States,
authorise imports of
fishery products from the third
countries listed in Annex II to that Regulation.

the European Parliament and of

subject

third countries have not yet undergone

Those
a
Community inspection to check their sanitary conditions
and ascertain whether
the controls applied by their
competent authorities are equivalent to the requirements
is currently listed in
under Community legislation. Fiji
Annex II to Regulation (EC) No 2076/2005.

(1) OJ L 139, 30.4.2004, p. 55; corrected version in OJ L 226,
25.6.2004, p. 22. Regulation as last amended by Commission Regu-
lation (EC) No 1243/2007 (OJ L 281, 25.10.2007, p. 8).

(2) OJ L 139, 30.4.2004, p. 206; corrected version in OJ L 226,
25.6.2004, p. 83. Regulation as last amended by Council Regulation
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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

lation (EC) No 1246/2007 (OJ L 281, 25.10.2007, p. 21).

as

regards

hygiene

shortcomings

in Fiji revealed
A Community inspection carried out
serious
in the
handling of fishery products and in the capacity of the
competent authorities of that third country to carry out
reliable checks on fishery products. Accordingly, Fiji
fishery
cannot provide the necessary guarantees that
products have been obtained in conditions at
least
to those governing the production and
equivalent
placing on the market of
in the
Community.

fishery products

Imports into the Community of fishery products from
Fiji should therefore no longer be authorised.

In order to allow the entry into the Community of
fishery products from Fiji produced and certified before
the entry into force of this Regulation, a transitional
period should be laid down.

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

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

opinion

the

the

of

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 2076/2005 is replaced by the
text in the Annex to this Regulation.

Article 2

For a transitional period not exceeding six weeks from the date
of entry into force of
this Regulation, Member States may
authorise imports of fishery products from Fiji produced and
certified before that date.

Article 3

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

22.5.2008

EN

Official Journal of the European Union

L 132/17

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

Done at Brussels, 21 May 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

ANNEX

‘ANNEX II

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

AO – ANGOLA

AZ – AZERBAIJAN (1)

BJ – BENIN

CG – CONGO (2)

CM – CAMEROON

ER – ERITREA

IL – ISRAEL

MM – MYANMAR

SB – SOLOMON ISLANDS

SH – SAINT 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.’