Commission Regulation (EC) No 1250/2008 of 12 December 2008 amending Regulation (EC) No 2074/2005 as regards certification requirements for import of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption (Text with EEA relevance)
Date: 2008-12-12
Institutions: European Commission
Subjects: animal disease, aquaculture, food hygiene, food safety, foodstuffs legislation, health certificate, mollusc

16.12.2008

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Official Journal of the European Union

L 337/31

COMMISSION REGULATION (EC) No 1250/2008

of 12 December 2008

amending Regulation (EC) No 2074/2005 as regards certification requirements for import of fishery
products, live bivalve molluscs, echinoderms, tunicates and marine gastropods 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 Council Directive 2006/88/EC of 24 October
2006 on animal health requirements for aquaculture animals
and products thereof, and on the prevention and control of
and in particular
certain diseases
in aquatic
Article 25(a) and (d) thereof,

animals (1),

Having regard to Regulation (EC) No 852/2004 of the European
Parliament and of the Council of 29 April 2004 on the hygiene
of foodstuffs (2), and in particular Article 12 thereof,

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 (3), 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 (4),
and in particular Article 16 thereof,

for

Having regard to Regulation (EC) No 882/2004 of the European
Parliament and of the Council of 29 April 2004 on official
controls performed to ensure the verification of compliance
with feed and food law, animal health and animal welfare
rules (5), and in particular Article 63 thereof,

Whereas:

(2)

(3)

(4)

(5)

(1)

Commission Regulation
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

2074/2005

(EC) No

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
the European
from Regulation (EC) No 852/2004 of
Parliament and of the Council and amending Regulations
(EC) No 853/2004 and (EC) No 854/2004 (6) provides in
Appendix IV and Appendix V of Annex VI model health
certificates for imports of fishery products and bivalve
molluscs intended for human consumption.

Council Directive 2006/88/EC and Commission Regu­
lation (EC) No 1251/2008 of 12 December 2008 imple­
menting Directive 2006/88/EC as regards conditions and
certification requirements for the placing on the market
and the introduction into the Community of aquaculture
animals and products thereof and laying down a list of
vector species (7) provide for animal health requirements
applicable to placing on the market and import of aqua­
culture
for human
consumption.

and products

animals

thereof

include restrictions on import on
These provisions
certain consignments of
and
products thereof of species susceptible to the aquatic
animal diseases
II of Annex IV to
listed in Part
Directive 2006/88/EC and transport requirements.

aquaculture

animals

The model certificates provided in Regulation (EC)
No 2074/2005 should be amended to be in line with
the requirements laid down in Directive 2006/88/EC and
Regulation (EC) No 1251/2008.

The specific requirements regarding live bivalve molluscs
referred to in Section VII of Annex III to Regulation (EC)
No 853/2004 also apply to live echinoderms, tunicates
and marine gastropods.
is therefore appropriate to
extend the scope of the certificate for imports of live
bivalve molluscs intended for human consumption by
and live
including live
marine gastropods.

echinoderms,

tunicates

live

It

(1) OJ L 328, 24.11.2006, p. 14.
(2) OJ L 139, 30.4.2004, p. 1.
(3) OJ L 139, 30.4.2004, p. 55.
(4) OJ L 139, 30.4.2004, p. 206.
(5) OJ L 165, 30.4.2004, p. 1.

(6)

Regulation (EC) No 2074/2005 should therefore be
amended accordingly.

(6) OJ L 338, 22.12.2005, p. 27.
(7) See page 41 of this Official Journal.

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Official Journal of the European Union

16.12.2008

(7)

(8)

It is appropriate to introduce a transitional period to
permit Member States
the
necessary measures to comply with the new requirements
laid down in this Regulation.

and industry

to take

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Regulation (EC) No 2074/2005

Regulation (EC) No 2074/2005 is amended in accordance with
the Annex to this Regulation.

Article 2

Transitional measures

a

For

transitional

1.
2009,
period
consignments for which a health certificate has been issued in
laid down in Regulation (EC)
accordance with the model
No
(EC)
Regulation
No 1664/2006 may be imported into the Community.

2074/2005

amended

until

June

30

by

as

For a transitional period until 31 July 2010, the following
2.
consignments for which a health certificate has been issued in
laid down in Regulation (EC)
accordance with the model
No
(EC)
Regulation
No 1664/2006 may be imported into the Community:

2074/2005

amended

by

as

(a) consignments of

fishery products for which the animal
health attestation laid down in Part II of the model health
certificate laid down in Appendix IV to Annex VI to Regu­
lation (EC) No 2074/2005 as amended by this Regulation is
not applicable, as described in note (2) of that Part II;

(b) consignments of

live bivalve molluscs,

echinoderms,
tunicates and marine gastropods for which the animal
health attestation laid down in Part II of the model health
certificate laid down in Appendix V to Annex VI to Regu­
lation (EC) No 2074/2005 as amended by this Regulation is
not applicable, as described in note (2) of that Part II.

Article 3

Entry into force

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

It shall apply from 1 January 2009.

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

Done at Brussels, 12 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

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ANNEX

Annex VI to Regulation (EC) No 2074/2005 is amended as follows:

(1) Appendix IV is replaced by the following:

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‘Appendix IV to Annex VI

MODEL HEALTH CERTIFICATE FOR IMPORTS OF FISHERY PRODUCTS INTENDED FOR HUMAN
CONSUMPTION

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(2)

Part A of Appendix V is replaced by the following:

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‘Appendix V to Annex VI

PART A

MODEL HEALTH CERTIFICATE FOR IMPORTS OF LIVE BIVALVE MOLLUSCS ECHINODERMS, TUNICATES
AND MARINE GASTROPODS INTENDED FOR HUMAN CONSUMPTION

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