Commission Regulation (EC) No 1023/2008 of 17 October 2008 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: 2008-10-17
Institutions: European Commission
Subjects: derogation from EU law, fish oil, food inspection, foodstuff, foodstuffs legislation, import

18.10.2008

EN

Official Journal of the European Union

L 277/21

COMMISSION REGULATION (EC) No 1023/2008

of 17 October 2008

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

and (EC) No 854/2004 (3) provides for a derogation from
the requirements for fish oil for human consumption laid
down in Section VIII of Annex III to Regulation (EC) No
853/2004 for food business operators so that they may
continue, until 31 October 2008, to import fish oil from
establishments in third countries that were approved for
that purpose before the date of the entry into force of
Commission Regulation (EC) No 1664/2006 (4).

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
the organisation of official controls on
specific rules
products of animal origin intended for human consumption (2),
and in particular Article 16 thereof,

for

Whereas:

(1)

(2)

(3)

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
intended for
business operators producing fish oil
human consumption are to comply with the relevant
provisions of Annex III thereto.

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.

Article 7(3) of Commission Regulation (EC) 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

(5)

(6)

In addition, Article 7(4)(b) of Regulation (EC) 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 2008, which may be
imported into the Community until 31 December 2008.

The requirements for the production of
for
human consumption in Regulation (EC) No 853/2004
were amended by Commission Regulation (EC) No
1020/2008 (6)
difficulties
experienced by third countries in adjusting the processing
conditions in fish oil producing establishments.

the practical

to address

fish oil

to avoid unnecessary disruption of
administrative
from the

trade
In order
resulting
for
approval and listing of establishments covered by the
amended rules, it is appropriate to extend the derogation
in Article 7(3) of Regulation (EC) No 2076/2005 until
30 April 2009.

procedures

(1) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226,

25.6.2004, p. 22.

(2) OJ L 139, 30.4.2004, p. 206. Corrected version in OJ L 226,

25.6.2004, p. 83.

(3) OJ L 338, 22.12.2005, p. 83.
(4) OJ L 320, 18.11.2006, p. 13.
(5) OJ L 338, 22.12.2005, p. 27.
(6) See page 8 of this Official Journal.

L 277/22

EN

Official Journal of the European Union

18.10.2008

(7)

(8)

(9)

The derogation provided for in Article 7(4)(b) of Regu­
lation (EC) No 2076/2005 for
into the
Community of fish oil for which a certificate has been
issued in accordance with national rules should also be
In addition, such certi­
extended until 30 June 2009.
ficates should be duly completed and signed prior to
30 April 2009.

imports

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

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Paragraph 3 is replaced by the following:

‘3.
By way of derogation from Annex III, Section VIII,
Chapter IV, Part B to Regulation (EC) No 853/2004, food
business operators may continue until 30 April 2009 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 1020/2008 (*).

___________
(*) OJ L 277, 18.10.2008, p. 8.’

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

(i) the date of ‘31 October 2008’ is replaced by ‘30 April

2009’;

(ii) the date of ‘31 December 2008’ is replaced by ‘30 June

2009’.

Article 2

This Regulation shall enter into force on the tenth day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 17 October 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission