2006/767/EC: Commission Decision of 6 November 2006 amending Commission Decisions 2003/804/EC and 2003/858/EC, as regards certification requirements for live molluscs and live fish of aquaculture origin and products thereof intended for human consumption (notified under document number C(2006) 5167)   (Text with EEA relevance)

18.11.2006 EN Official Journal of the European Union L 320/58
COMMISSION DECISION
of 6 November 2006
amending Commission Decisions 2003/804/EC and 2003/858/EC, as regards certification requirements for live molluscs and live fish of aquaculture origin and products thereof intended for human consumption
(notified under document number C(2006) 5167)
(Text with EEA relevance)
(2006/767/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (1), and in particular Article 19(1), 20(1) and 21(2) thereof,
Whereas:
(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) lays down the general rules for food business operators on the hygiene of foodstuffs.
(2) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific requirements concerning hygiene rules for food of animal origin (3) lays down specific requirements concerning hygiene rules for food of animal origin.
(3) 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 (4), lays down specific rules for the organisation of official controls on products of animal origin intended for human consumption.
(4) Commission Regulation (EC) No 2074/2005 (5) lays down implementing measures for certain products under Regulation (EC) No 853/2004 and for the organisation of official controls under Regulation (EC) No 854/2004 and Regulation (EC) No 882/2004 of the European Parliament and of the Council (6), derogating from Regulation (EC) No 852/2004 and amending Regulations (EC) No 853/2004 and (EC) No 854/2004.
(5) Council Directive 95/70/EC (7) introduces minimum Community measures for the control of certain diseases affecting bivalve molluscs.
(6) Directive 91/67/EEC provides for the animal health conditions governing the placing on the market of aquaculture animals and products.
(7) Commission Decision 2003/804/EC of 14 November 2003 laying down animal health conditions and certification requirements for imports of molluscs their eggs and gametes for further growth, fattening, relaying or human consumption (8), and Commission Decision 2003/858/EC of 21 November 2003 laying down animal health conditions and certification requirements for imports of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption (9) lay down the certification requirements for live molluscs and live fish of aquaculture origin and products thereof intended for human consumption.
(8) In order to simplify the certification procedure for these products, animal health certification requirements laid down in those Decisions have been incorporated into the health certificates drawn up in accordance with Regulation (EC) No 853/2004 for consignments intended for human consumption.
(9) Decisions 2003/804/EC and 2003/858/EC should therefore be amended accordingly, also taking into account Council Directive COM(2005) 362 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (10).
(10) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,