CELEX: 32009D0951
Language: en
Date: 2009-12-14 00:00:00
Title: 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)

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
                                  (7)
                              
                           
                        
                     
                           (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.’
   
      (7)  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).’
   
      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’