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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), and in particular Article 11(1) thereof,
Having regard to Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products(2), and in particular Article 3 thereof,
Whereas:
(1) Council Directive 91/493/EEC provides that specific conditions shall be established for the imports of fishery products from each third country. These specific import conditions shall include: the procedure for obtaining a health certificate which must accompany consignments of fish when exported to the European Community, the placing of a mark identifying the fishery products and indicating the origin and the number of the establishment, and a list of approved establishments, factory vessels, or cold stores, and a list of registered freezer vessels.
(2) Annex V to the Agreement between the European Community and the United States of America (USA) on sanitary measures to protect public and animal health in trade in live animals and animal products (the Agreement) established, inter alia, the sanitary measures for fish and fishery products and certain other animal products traded with the United States for which equivalence has been determined.
(3) Annex II to the Agreement established that the regulatory authorities for the control of the public health conditions for fish and fishery products in the USA are the Food and Drug Administration (FDA) and the National Marine Fisheries Service — National Oceanic & Atmospheric Administration (NMFS-NOAA). Within the scope of the agreement, the FDA and the NMFS-NOAA are responsible, in particular, for effectively verifying and controlling the implementation of the sanitary rules in force in the USA related to production and processing of fishery products, and for providing information and additional guarantees on the fishery products exported to the EC territory.
(4) An inspection has been carried out on behalf of the Commission in the USA to verify the conditions under which fishery products are produced, stored and dispatched to the Community.
(5) Following the results of the inspection visit, FDA and NMFS-NOAA have provided guarantees with regard to their responsibilities described above and the implementation of the specific conditions laid down by the present Decision.
(6) These guarantees concern also the controls that apply to brokers (exporters other than processors).
(7) It is therefore appropriate to lay down detailed provisions concerning fishery products imported into the Community from the USA in accordance with Directive 91/493/EEC.
(8) It is appropriate for this Decision to be applied 45 days after its publication providing for the necessary transitional period.
(9) 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:
OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).