Commission Decision of 14 December 2009 amending Annexes I and II to Decision 2006/766/EC 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 C(2009) 9870) (Text with EEA relevance)
Date: 2009-12-14
Institutions: European Commission
Subjects: fishery product, health control, import, marketing, mollusc, third country




L_2009328EN.01007001.xml










15.12.2009   


EN


Official Journal of the European Union


L 328/70








            COMMISSION DECISION
         
of 14 December 2009
         
amending Annexes I and II to Decision 2006/766/EC 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 C(2009) 9870)
(Text with EEA relevance)
(2009/951/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


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)


Regulation (EC) No 854/2004 provides that products of animal origin are only to be imported from a third country or part of a third country that appears on a list drawn up in accordance with that Regulation. It also lays down special conditions for the import of bivalve molluscs, tunicates, echinoderms and marine gastropods and of fishery products from third countries.












(2)


Regulation (EC) No 854/2004 provides that when drawing up and updating such lists, account is to be taken of Union controls in third countries and guarantees by the competent authorities of third countries as regards compliance or equivalence with the Union feed and food law and animal health rules as laid down in 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 (2).












(3)


Commission Decision 2006/766/EC 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 (3) lists those third countries which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and are therefore able to guarantee that those products exported to the European Union meet the sanitary conditions laid down in Union legislation to protect the health of consumers. Accordingly, Annex I to that Decision sets out a list of third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted, while Annex II thereto sets out a list of third countries and territories from which imports of fishery products for human consumption in any form are permitted.












(4)


Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council (4) lays down transitional measures for a period ending on 31 December 2009. Those measures include a derogation from Article 11(1) of Regulation (EC) No 854/2004, whereby Member States may authorise the import of bivalve molluscs and fishery products from the countries listed respectively in Annexes I and II thereto provided that, inter alia, the competent authority of the third country or territory has provided to the Member State concerned the guarantees that the products in question have been obtained in conditions at least equivalent to those governing the production and placing on the market of Union products.












(5)


Canada is currently included in the list in Annex I to Regulation (EC) No 2076/2005. Union controls in Canada to evaluate the control system in place governing the production of bivalve molluscs intended for export to the European Union, the last of which took place in 2009, together with the recommendation of the Joint Management Committee established by the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (5) of 17 December 1998, concerning the reciprocal equivalence between Canadian and Union standards for live bivalve molluscs, indicate that the conditions applicable in Canada to bivalve molluscs, echinoderms, tunicates and marine gastropods destined to the European Union are equivalent to those provided for in the relevant Union legislation.












(6)


Greenland is currently included in the list in Annex I to Regulation (EC) No 2076/2005. Union controls in Greenland to evaluate the control system in place governing the production of bivalve molluscs intended for export to the European Union, the last of which took place in 2009, together with guarantees provided by the competent authority of Greenland, indicate that the conditions applicable in that third country to bivalve molluscs, echinoderms, tunicates and marine gastropods destined to the European Union are equivalent to those provided for in the relevant Union legislation. Accordingly, Greenland should be included in the list in Annex I to Decision 2006/766/EC.












(7)


Union controls in the United States to evaluate the control system in place governing the production of bivalve molluscs intended for export to the European Union, the last of which took place in 2009, indicated differences between the American and Union standards for live bivalve molluscs but did not identify serious risks for human health, except for the harvesting area of the Gulf of Mexico. The United States and the European Union have agreed to examine the reciprocal equivalence between US and Union standards for live bivalve molluscs. It is therefore appropriate to authorise, on a temporary basis, the imports into the European Union of bivalve molluscs, echinoderms, tunicates and marine gastropods from the United States, excluding bivalve molluscs harvested in the Gulf of Mexico. This temporary authorisation should be reviewed six months after its entry into force, taking into account the results of the examination of the equivalence between US and Union standards for live bivalve molluscs.












(8)


Angola, Azerbaijan, Benin, Congo, Eritrea, Israel, Myanmar, the Solomon Islands, Saint Helena and Togo are currently included in the list in Annex II to Regulation (EC) No 2076/2005. Union controls to evaluate the control system in place governing the production of fishery products intended for export to the European Union, the last of which took place in Angola in 2007, in Azerbaijan in 2007, in Benin in 2009, in Congo in 2009, in Eritrea in 2008, in Israel in 2009, in Myanmar in 2009, in the Solomon Islands in 2007, in Saint Helena in 2003, and in Togo in 2009, together with guarantees provided by the competent authorities of Angola, Azerbaijan (for caviar only), Benin, Congo (for fishery products caught, gutted (where appropriate), frozen and packed in their final packaging at sea only), Eritrea, Israel, Myanmar (for wild caught frozen fishery products only), the Solomon Islands, Saint Helena and Togo (for live lobsters only), indicate that the conditions applicable in those third countries to fishery products destined to the European Union are equivalent to those provided for in the relevant Union legislation. Accordingly, those third countries should be included in the list in Annex II to Decision 2006/766/EC.












(9)


In addition, in order to take account of the differences in guarantees provided by those third countries, it is necessary to provide for certain restrictions in the lists in Annex I and II to Decision 2006/766/EC.












(10)


Saint Helena, Tristan da Cunha and Ascension constitute a single Overseas Territory. However, because these islands are remote from one another and are in practice governed separately, they have chosen to set up separate competent authorities responsible for the safety of fishery products. Therefore, the inclusion of Saint Helena as a third country from which imports of fishery products are permitted should not cover the islands of Tristan da Cunha and Ascension.












(11)


For the purpose of clarification of the Union legislation, the titles of Annexes I and II to Decision 2006/766/EC should be amended. The title of Annex I should make clear that imports of bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption, whether live, frozen or processed, are permitted only from the third countries included in this Annex. The title of Annex II should make clear that this Annex covers the import of fishery products as defined in point 3.1 of Annex I 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 (6), except for those covered by Annex I to this Decision. This separation is necessary because the Union requirements applicable to these two groups of products are different.












(12)


Decision 2006/766/EC should therefore be amended accordingly.












(13)


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
Decision 2006/766/EC is amended as follows:






1.


Annex I is amended as follows:






(a)


the title to Annex I is replaced by the following:



                                                   ‘ANNEX I

List of third countries from which imports are permitted of live, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption
 (*1)




(*1)  Including those covered by the definition of fishery products in point 3.1, Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (OJ L 139, 30.4.2004, p. 55).’
                                                            "
                        










(b)


the following entry for Canada is inserted after the entry for Australia:







‘CA


CANADA’


 














(c)


the following entry for Greenland is inserted after the entry for Chile:







‘GL


GREENLAND’


 














(d)


the following entry for the United States is inserted after the entry for Turkey:







‘US


UNITED STATES OF AMERICA


Only until 1 July 2010
and
excluding imports of bivalve molluscs harvested in the States of Florida, Texas, Mississippi, Alabama and Louisiana.’


















2.


Annex II to Decision 2006/766/EC is replaced by the text in the Annex to this Decision.






Article 2
This Decision shall apply from 1 January 2010.


Article 3
This Decision is addressed to the Member States.




Done at Brussels, 14 December 2009.


For the Commission

Androulla VASSILIOU
            

Member of the Commission






(1)  
            OJ L 139, 30.4.2004, p. 206.

(2)  
            OJ L 165, 30.4.2004, p. 1.

(3)  
            OJ L 320, 18.11.2006, p. 53.

(4)  
            OJ L 338, 22.12.2005, p. 83.

(5)  
            OJ L 71, 18.3.1999, p. 3.

(6)  
            OJ L 139, 30.4.2004, p. 55. Annex I: ‘3.1. “Fishery products” means all seawater or freshwater animals (except for live bivalve molluscs, live echinoderms, live tunicates and live marine gastropods, and all mammals, reptiles and frogs) whether wild or farmed and including all edible forms, parts and products of such animals.’
         




ANNEX




                     ‘ANNEX II

List of third countries and territories from which imports are permitted of fishery products for human consumption, other than those covered by Annex I to this Decision

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







ISO code


Countries


Restrictions




AE


UNITED ARAB EMIRATES


 




AG


ANTIGUA AND BARBUDA


Only live lobsters.




AL


ALBANIA


 




AM


ARMENIA


Only live wild crayfish, heat processed non-farmed crayfish and frozen non-farmed crayfish.




AN


NETHERLANDS ANTILLES


 




AO


ANGOLA


 




AR


ARGENTINA


 




AU


AUSTRALIA


 




AZ


AZERBAIJAN


Only caviar.




BA


BOSNIA and HERZEGOVINA


 




BD


BANGLADESH


 




BJ


BENIN


 




BR


BRAZIL


 




BS


THE BAHAMAS


 




BY


BELARUS


 




BZ


BELIZE


 




CA


CANADA


 




CG


CONGO


Only fishery products caught, gutted (where appropriate), frozen and packed in their final packaging at sea.




CH


SWITZERLAND


 




CI


COTE D’IVOIRE


 




CL


CHILE


 




CN


CHINA


 




CO


COLOMBIA


 




CR


COSTA RICA


 




CU


CUBA


 




CV


CAPE VERDE


 




DZ


ALGERIA


 




EC


ECUADOR


 




EG


EGYPT


 




ER


ERITREA


 




FK


FALKLAND ISLANDS


 




GA


GABON


 




GD


GRENADA


 




GH


GHANA


 




GL


GREENLAND


 




GM


GAMBIA


 




GN


GUINEA


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




GT


GUATEMALA


 




GY


GUYANA


 




HK


HONG KONG


 




HN


HONDURAS


 




HR


CROATIA


 




ID


INDONESIA


 




IL


ISRAEL


 




IN


INDIA


 




IR


IRAN


 




JM


JAMAICA


 




JP


JAPAN


 




KE


KENYA


 




KR


SOUTH KOREA


 




KZ


KAZAKHSTAN


 




LK


SRI LANKA


 




MA


MOROCCO


 




ME


MONTENEGRO


 




MG


MADAGASCAR


 




MM


MYANMAR


Only wild caught frozen fishery products (freshwater or seawater fish, shrimps, prawns).




MR


MAURITANIA


 




MU


MAURITIUS


 




MV


MALDIVES


 




MX


MEXICO


 




MY


MALAYSIA


 




MZ


MOZAMBIQUE


 




NA


NAMIBIA


 




NC


NEW CALEDONIA


 




NG


NIGERIA


 




NI


NICARAGUA


 




NZ


NEW ZEALAND


 




OM


OMAN


 




PA


PANAMA


 




PE


PERU


 




PF


FRENCH POLYNESIA


 




PG


PAPUA NEW GUINEA


 




PH


PHILIPPINES


 




PM


SAINT PIERRE AND MIQUELON


 




PK


PAKISTAN


 




RS


SERBIA
Not including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999


Only whole fresh fish from wild seawater catches.




RU


RUSSIA


 




SA


SAUDI ARABIA


 




SB


SOLOMON ISLANDS


 




SC


SEYCHELLES


 




SG


SINGAPORE


 




SH


SAINT HELENA
Not including the islands of Tristan da Cunha and Ascension


 




SN


SENEGAL


 




SR


SURINAME


 




SV


EL SALVADOR


 




TG


TOGO


Only live lobsters.




TH


THAILAND


 




TN


TUNISIA


 




TR


TURKEY


 




TW


TAIWAN


 




TZ


TANZANIA


 




UA


UKRAINE


 




UG


UGANDA


 




US


UNITED STATES


 




UY


URUGUAY


 




VE


VENEZUELA


 




VN


VIETNAM


 




YE


YEMEN


 




YT


MAYOTTE


 




ZA


SOUTH AFRICA


 




ZW


ZIMBABWE’