COMMISSION DECISION of 23 October 1995  laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and  marine gastropods originating in the Republic of Korea (Text with EEA relevance) (95/453/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for  the production and placing on the market of live bivalve molluscs  (1), as last amended by the Act  of Accession of Austria, Finland and Sweden, and in particular Article 9 (3) (b) thereof,
Whereas legislation of the Republic of Korea makes the 'Ministry of Agriculture, Forestry and  Fisheries - National Fisheries Administration - National Fishery Products Inspection Station  (NFPIS)` responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and  marine gastropods and for monitoring the hygiene and sanitary conditions of production; whereas the  same legislation empowers NFPIS to authorize or prohibit the harvesting of bivalve molluscs,  echinoderms, tunicates and marine gastropods from certain zones;
Whereas the NFPIS and its laboratories are capable of effectively verifying the application of the  laws in force in the Republic of Korea;
Whereas the competent authorities of the Republic of Korea have undertaken to communicate regularly  and quickly to the Commission data on the presence of plankton containing toxins in the harvest  zones;
Whereas the competent authorities of the Republic of Korea have provided official assurances  regarding compliance with the requirements specified in Chapter V of the Annex to Directive  91/492/EEC and with requirements equivalent to those prescribed in that Directive for the  classification of production and relaying zones, approval of dispatch and purification centres and  public health control and production monitoring; whereas in particular any possible change in  harvesting zones is to be communicated to the Community;
Whereas the Republic of Korea is eligible for inclusion in the list of third countries fulfilling  the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC;
Whereas the Republic of Korea wishes to export to the Community frozen or processed bivalve  molluscs, echinoderms, tunicates and marine gastropods;
Whereas, for this purpose, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the  production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be  harvested and exported to the Community must be designated;
Whereas the special import conditions apply without prejudice to decisions taken pursuant 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  (2), as last amended by the Act of  Accession of Austria, Finland and Sweden;
Whereas the measures provided for in this Decision are in accordance with the opinion of the  Standing Veterinary Committee,
The 'Ministry of Agriculture, Forestry and Fisheries - National  Fisheries Administration - National Fishery Products Inspection Station (NFPIS)` shall be the  competent authority in the Republic of Korea for verifying and certifying that live bivalve  molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive  91/492/EEC.
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the  Republic of Korea and intended for human consumption must originate in the authorized production  areas listed in the Annex hereto.
This Decision is addressed to the Member States.