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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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) The special conditions for the import of bivalve molluscs, tunicates, echinoderms and marine gastropods and of fishery products from third countries have been laid down in Regulation (EC) No 854/2004.
(2) Commission Decision 97/20/EC(2) established the list of third countries fulfilling the equivalence conditions for the production and placing on the market of bivalve molluscs, echinoderms, tunicates and marine gastropods and Commission Decision 97/296/EC(3) drew up the list of third countries from which the import of fishery products is authorised for human consumption.
(3) Lists should be drawn up containing the third countries and territories which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and which are therefore able to guarantee that bivalve molluscs, tunicates, echinoderms and marine gastropods and fishery products exported to the Community meet the sanitary conditions laid down to protect the health of consumers. Nevertheless, imports of adductor muscles of pectinidae other than aquaculture animals, completely separated from the viscera and gonads, should also be permitted from third countries not appearing on such a list.
(4) The competent authorities of Australia, New Zealand and Uruguay have provided appropriate guarantees that the conditions applicable to live bivalve molluscs, echinoderms, tunicates and marine gastropods are equivalent to those provided for in the relevant Community legislation.
(5) The competent authorities of Armenia, Belarus and Ukraine have provided appropriate guarantees that the conditions applicable to fishery products are equivalent to those provided for in the relevant Community legislation.
(6) Decisions 97/20/EC and 97/296/EC should therefore be repealed and replaced by a new Decision.
(7) 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:
1.The list of third countries from which bivalve molluscs, tunicates, echinoderms and marine gastropods may be imported, as referred to in Article 11(1) of Regulation (EC) No 854/2004, is established in Annex I to this Decision.
2.Notwithstanding Article 11(1) of Regulation (EC) No 854/2004 , Paragraph 1 shall not apply to the adductor muscles of pectinidae other than aquaculture animals, completely separated from the viscera and gonads, that may be imported also from third countries not appearing on the list referred to in paragraph 1.
The list of third countries and territories from which fishery products may be imported, as referred to in Article 11(1) of Regulation (EC) No 854/2004, is established in Annex II to this Decision.
Decisions 97/20/EC and 97/296/EC are repealed.
References to the repealed Decisions shall be construed as references to this Decision.
This Decision is addressed to the Member States.
Textual Amendments
F1 Substituted by Commission Decision of 18 February 2008 amending Decision 2006/766/EC as regards the list of third countries and territories from which imports of fishery products in any form for human consumption are permitted (notified under document number C(2008) 555) (Text with EEA relevance) (2008/156/EC).
F2 Substituted by Commission Decision of 26 November 2010 amending Annex I to Decision 2006/766/EC as regards the title and the entry for Chile in the list of third countries from which imports of live, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption are permitted (notified under document C(2010) 8259) (Text with EEA relevance) (2010/725/EU).
a 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 ).] | ||
ISO code | Countries | Remarks |
---|---|---|
AU | AUSTRALIA | |
[F3CA | CANADA | ] |
[F4CL | CHILE | ] |
[F3GL | GREENLAND | ] |
[F5HR | CROATIA | Only applicable until this Acceding State becomes a Member State of the Union.] |
JM | JAMAICA | Only marine gastropods |
JP | JAPAN | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
KR | SOUTH KOREA | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
MA | MOROCCO | Processed bivalve molluscs belonging to the species Acanthocardia tuberculatum must be accompanied by: (a) an additional health attestation in accordance with the model set out in Part B of Appendix V of Annex VI to Commission Regulation (EC) No 2074/2005 ( OJ L 338, 22.12.2005, p. 27 ); and (b) the analytical results of the test demonstrating that the molluscs do not contain a paralytic shellfish poison (PSP) level detectable by the bioassay method. |
NZ | NEW ZEALAND | |
PE | PERU | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
TH | THAILAND | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
TN | TUNESIA | |
TR | TURKEY | |
[F3US | 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.] |
UY | URUGUAY | |
VN | VΙΕΤΝΑΜ | Only frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods |
Textual Amendments
F3 Inserted by 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).
F4 Substituted by Commission Implementing Decision of 19 April 2012 amending Annex I to Decision 2006/766/EC as regards the entry for Chile in the list of third countries from which imports of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption are permitted (notified under document C(2012) 2446) (Text with EEA relevance) (2012/203/EU).
F5 Inserted by Commission Implementing Decision of 6 November 2012 amending the Annexes to Decision 2006/766/EC as regards the entries in the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products for human consumption are permitted (notified under document C(2012) 7696) (Text with EEA relevance) (2012/692/EU).
Textual Amendments
F6 Substituted by 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).
(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. |
[ F7 ] | ||
AO | ANGOLA | |
AR | ARGENTINA | |
AU | AUSTRALIA | |
AZ | AZERBAIJAN | Only caviar. |
BA | BOSNIA and HERZEGOVINA | |
BD | BANGLADESH | |
BJ | BENIN | |
[F5BN | BRUNEI | Only aquaculture products.] |
BR | BRAZIL | |
[F5BQ | BONAIRE, SINT EUSTATIUS, SABA | ] |
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 | |
[F8CW | CURAÇAO | ] |
DZ | ALGERIA | |
EC | ECUADOR | |
EG | EGYPT | |
ER | ERITREA | |
[F9FJ | FIJI | ] |
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 | |
[F10RS | SERBIA Not including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 | ] |
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 | |
[F8SX | SINT MAARTEN | ] |
[F11TG | TOGO | ] |
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 | ] ] |
Textual Amendments
F7 Deleted by Commission Implementing Decision of 17 October 2012 amending Annex II to Decision 2006/766/EC as regards the inclusion of Curaçao and Sint Maarten in the list of third countries and territories from which imports of certain fishery products for human consumption are permitted and the deletion of the Netherlands Antilles from that list (notified under document C(2012) 7147) (Text with EEA relevance) (2012/650/EU).
F8 Inserted by Commission Implementing Decision of 17 October 2012 amending Annex II to Decision 2006/766/EC as regards the inclusion of Curaçao and Sint Maarten in the list of third countries and territories from which imports of certain fishery products for human consumption are permitted and the deletion of the Netherlands Antilles from that list (notified under document C(2012) 7147) (Text with EEA relevance) (2012/650/EU).
F9 Inserted by Commission Decision of 25 February 2011 amending Annex II to Decision 2006/766/EC as regards the inclusion of Fiji in the list of third countries and territories from which imports of fishery products for human consumption are permitted (notified under document C(2011) 1082) (Text with EEA relevance) (2011/131/EU).
F10 Substituted by Commission Decision of 6 October 2010 amending Annex II to Decision 2006/766/EC as regards the entry for Serbia in the list of third countries and territories from which imports of fishery products for human consumption are permitted (notified under document C(2010) 6748) (Text with EEA relevance) (2010/602/EU).
F11 Substituted by Commission Implementing Decision of 6 November 2012 amending the Annexes to Decision 2006/766/EC as regards the entries in the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products for human consumption are permitted (notified under document C(2012) 7696) (Text with EEA relevance) (2012/692/EU).
OJ L 139, 30.4.2004, p. 206; corrected by OJ L 226, 25.6.2004, p. 83. Regulation as last amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83).
OJ L 6, 10.1.1997, p. 46. Decision as last amended by Decision 2002/469/EC (OJ L 163, 21.6.2002, p. 16).
OJ L 122, 14.5.1997, p. 21. Decision as last amended by Decision 2006/200/EC (OJ L 71, 10.3.2006, p. 50).