Corrigendum to corrigendum to Commission Decision 2004/454/EC of 29 April 2004 amending Annexes I, II and III to Decision 2003/858/EC laying down the 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 (OJ L 202, 7.6.2004)
2004/454/EC • 32004D0454R(02)
Legal Acts - Directives
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12.4.2005
EN
Official Journal of the European Union
L 92/6
Corrigendum to corrigendum to Commission Decision 2004/454/EC of 29 April 2004 amending Annexes I, II and III to Decision 2003/858/EC laying down the 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
( Official Journal of the European Union L 202 of 7 June 2004 )
Decision 2004/454/EC should read as follows:
COMMISSION DECISION
of 29 April 2004
amending Annexes I, II and III to Decision 2003/858/EC laying down the 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
(notified under document number C(2004) 1680)
(Text with EEA relevance)
(2004/454/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 20(1) and Article 21(2) thereof,
Whereas:
(1)
Commission Decision 2003/858/EC (2) lays down the specific animal health conditions and model certificates applicable to third countries or parts thereof from which Member States are authorised to import live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption.
(2)
By Commission Decision 2004/453/EC of 29 April 2004 implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals (3) Denmark, Finland, Ireland, Sweden and the United Kingdom have been granted additional guarantees for certain diseases referred to in Annex A, Column 1, List III to Directive 91/67/EEC.
(3)
Those guarantees should also apply when live fish is imported from third countries. Annexes I, II and III to Decision 2003/858/EC should take those additional guarantees into account and be amended accordingly.
(4)
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2003/858/EC is amended as follows:
1.
Annex I is replaced by the text in Annex I to this Decision.
2.
Annex II is replaced by the text in Annex II to this Decision.
3.
Annex III is replaced by the text in Annex III to this Decision.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 April 2004.
For the Commission
David BYRNE
Member of the Commission
ANNEX I
“ANNEX I
Territories from which importation of certain species of live fish, their eggs, and gametes intended for farming in the European Community (EC) are authorised
Country
Territory
Specific requirements (4)
Comments (5)
ISO-code
Name
Code
Description
VHS
IHN
SVC
BKD
IPN
G. salaris
AL
Albania
AU
Australia
BR
Brazil
Carps only
BG
Bulgaria
CA
Canada
CL
Chile
CN
China, Peoples Republic of
Carps only
CO
Colombia
Carps only
CG
Congo
Carps only
HR
Croatia
MK (6)
Former Yugoslav Republic of Macedonia
Carps only
ID
Indonesia
IL
Israel
JM
Jamaica
Carps only
JP
Japan
Carps only
MY
Malaysia (Peninsular, Western Malaysia only)
Carps only
NZ
New Zealand
RU
Russian Federation
SG
Singapore
Carps only
ZA
South Africa
LK
Sri Lanka
Carps only
TW
Taiwan
Carps only
TH
Thailand
Carps only
TR
Turkey
US
United States
ANNEX II
“ANNEX II
’
ANNEX III
“ANNEX III
Explanatory notes
(a)
The certificates shall be produced by the competent authorities of the exporting country, based on the appropriate model appearing in Annex II, IV, or V to this Decision taking into account the use to which the fish are to be put after the arrival to the EC.
(b)
Considering the status of the place of destination as regards viral haemorrhagic septicaemia (VHS), infectious haematopoietic necrosis (IHN), spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis (IPN) and Gyrodactylus salaris (G. salaris) in the EC Member State, the appropriate specific additional requirements shall be incorporated and completed in the certificate.
(c)
The original of each certificate shall consist of a single page, double-sided, or, where more than one page is required, it shall be in such a form that all pages form part of an integrated whole and are indivisible.
It shall, on the right hand side of the top of each page, be marked as “original” and bear a specific code number issued by the competent authority. All pages of the certificate shall be numbered - (page number) of (total number of pages).
(d)
The original of the certificate and the labels referred to in the model certificate shall be drawn up in at least one official language of the EC Member State in which the inspection at the border post shall be carried out and of the EC Member State of destination. However, these Member States may allow other languages, if necessary, accompanied by an official translation.
(e)
The original of the certificate must be completed on the day of loading the consignment for exportation to the EC with an official stamp and signed by an official inspector designated by the competent authority. In doing so, the competent authority of the exporting country shall ensure that the principles of certification equivalent to those laid down in Council Directive 96/93/EC are followed.
The stamp, unless embossed, and the signature shall be in a colour different to that of the printing.
(f)
If for reasons of identification of the items of the consignment, additional pages are attached to the certificate, these pages shall be considered as forming part of the original and be signed and stamped by the certifying official inspector on each page.
(g)
The original of the certificate must accompany the consignment until it reaches the EC border inspection post.
(h)
The certificate shall be valid for 10 days from the date of issue. In the case of transport by ship, the time of validity is prolonged by the time of journey at sea.
(i)
The fish, their eggs and gametes, shall not be transported together with other fish, eggs or gametes that, either are not destined to EC, or are of a lower health status. Furthermore, they must not be transported under any other conditions that alter their health status.
(j)
The possible presence of pathogens in the water is relevant for considering the health status of live fish, eggs and gametes. The certifying officer should therefore consider the following: The “Place of origin” should be the localisation of the farm where the fish, eggs or gametes was reared reaching their commercial size relevant for the consignment covered by this certificate.”
(1) OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
(2) OJ L 324, 11.12.2003, p. 37.
(3) OJ L 156, 30.4.2004, p. 5. Corrected in OJ L 202, 7.6.2004, p. 4.
(4) Insert “Yes” or “No” as relevant if designated farm, coastal or continental zone is approved by the central competent authority of the exporting country as a territory that fulfils the specific animal health requirements - including a non-vaccination policy - for introduction into European Community zones and farms having a Community approved programme or status, or for one or more of the diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), additional guarantees for spring viraemia of carp (SVC), bacterial kidney disease (BKD, infectious pancreatic necrosis (IPN), and/or Gyrodactylus salaris (G. salaris).
(5) No limitations if left empty. If a country or territory is allowed to export only certain species and/or eggs or gametes, the species should be specified and/or a comment with for example “eggs only” shall be inserted in this column.
(6) Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiations currently taking place in the United Nations.”