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Commission Decision

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

(notified under document number C(2006) 5171)

(Text with EEA relevance)

(2006/766/EC) (repealed)

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:

Article 1U.K.Imports of bivalve molluscs, tunicates, echinoderms and marine gastropods

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.

Article 2U.K.Imports of fishery products

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.

Article 3U.K.Repeal

Decisions 97/20/EC and 97/296/EC are repealed.

References to the repealed Decisions shall be construed as references to this Decision.

Article 4U.K.

This Decision is addressed to the Member States.

[F1 [F2ANNEX I U.K.

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

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

[F6ANNEX II U.K.

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.
[ 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

(1)

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).

(2)

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).

(3)

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).