HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 182/24
EN
Official Journal of the European Union
12.7.2011
COUNCIL DECISION
of 28 June 2011
laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve
molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived
from these by-products coming from Greenland
(Text with EEA relevance)
(2011/408/EU)
THE COUNCIL OF THE EUROPEAN UNION,
to ensure that consignments of products dispatched to
the Union from Greenland are in conformity with the
applicable Union rules concerning animal health and
Having regard to the Treaty on the Functioning of the European
food safety. In particular, eligible feed and food
Union, and in particular Article 203 thereof,
business operators should be registered and listed in
accordance with Regulation (EC) No 882/2004 of the
European Parliament and of the Council of 29 April
Having regard to the proposal from the European Commission,
2004 on official controls performed to ensure the verifi
cation of compliance with feed and food law, animal
health and animal welfare rules ( 2 ).
After transmission of the draft legislative act to the national
parliaments,
(4) Veterinary
checks
at
border
inspection
posts
in
Having regard to the opinion of the European Parliament,
Greenland should be carried out in accordance with
Council Directive 97/78/EC of 18 December 1997
laying down the principles governing the organisation
Acting in accordance with a special legislative procedure,
of veterinary checks on products entering the
Community from third countries ( 3 ). Veterinary checks
at border inspection posts should be carried out in
Whereas:
close cooperation with customs officials. To simplify
those tasks it is appropriate to provide the competent
authorities with references to the Combined Nomen
(1)
Greenland is included in the list of overseas countries
clature (CN) specified in Annex I to Commission
and territories set out in Annex II to the Treaties. In
Decision 2007/275/EC of 17 April 2007 concerning
accordance with Article 198 of the Treaty on the Func
lists of animals and products to be subject to controls
tioning of the European Union (hereinafter ‘the Treaty’),
at border inspection posts under Council Directives
the purpose of the association of the overseas countries
91/496/EEC and 97/78/EC ( 4 ).
and territories with the Union is to promote the
economic and social development of the overseas
countries and territories and to establish close
economic relations between them and the Union as a
(5) The
competent
authority
in
Greenland
should
provide
whole.
official assurances to the Commission on the

enforcement of the Union rules and animal health
requirements for the products concerned. Those
(2) Denmark
and
Greenland
have
requested
that
veterinary
assurances should cover, in particular, compliance with
checks between the Union and Greenland on fishery
the applicable provisions laid down in Regulation (EC)
products, bivalve molluscs, echinoderms, tunicates,
No 1069/2009 of the European Parliament and of the
marine gastropods, by-products and products derived
Council of 21 October 2009 laying down health rules as
from these by-products that are regarded as originating
regards animal by-products and derived products not
in Greenland according to Annex III to Council Decision
intended for human consumption ( 5 ), Regulation (EC)
2001/822/EC of 27 November 2001 on the association
No 853/2004 of the European Parliament and of the
of the overseas countries and territories with the
Council of 29 April 2004 laying down specific hygiene
European Community (‘Overseas Association
rules for food of animal origin ( 6 ) and Council Directive
Decision’) (
2006/88/EC of 24 October 2006 on animal health

1 ), and of the same products which are
introduced into Greenland from third countries, be
requirements for aquaculture animals and products
permitted in accordance with the rules on sanitary and
thereof, and on the prevention and control of certain
veterinary controls applicable to trade within the Union.
diseases in aquatic animals ( 7 ). Those assurances should
also include a commitment to ensure compliance with
the rules on trade within the Union.
(3) Trade
in
those
products
between
Greenland
and
the
Union should, therefore, be conducted in compliance
( 2 ) OJ L 165, 30.4.2004, p. 1.
with Union rules on animal health and food safety.
( 3 ) OJ L 24, 30.1.1998, p. 9.
Accordingly, Denmark and Greenland should undertake
( 4 ) OJ L 116, 4.5.2007, p. 9.
( 5 ) OJ L 300, 14.11.2009, p. 1.
( 6 ) OJ L 139, 30.4.2004, p. 55.
( 1 ) OJ L 314, 30.11.2001, p. 1.
( 7 ) OJ L 328, 24.11.2006, p. 14.

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EN
12.7.2011 Official
Journal
of
the
European
Union L
182/25
(6) Council
Directive
96/23/EC
of
29
April
1996
on
food law, establishing the European Food Safety
measures to monitor certain substances and residues
Authority and laying down procedures in matters of
thereof in live animals and animal products ( 1 ) requires
food safety ( 6 ) established a rapid alert system for the
the establishment of national monitoring plans for aqua
notification of a direct or indirect risk to human health
culture animals. Accordingly, those provisions should
deriving from food or feed. Those provisions should also
also apply to Greenland.
apply to Greenland for the products concerned.
(7) In
order
to
permit
importation
of
the
products
covered (12) Before
Greenland
can
carry
out
veterinary
checks
on
by this Decision into the Union from Greenland in
products that are introduced into Greenland from third
accordance with the rules on trade within the Union
countries, a Union inspection should be carried out in
laid down in Union legal acts, as well as to ensure the
Greenland in order to verify that one or more border
sanitary safety of the products concerned, Denmark and
inspection posts in Greenland are in compliance with the
Greenland should undertake to transpose and implement
requirements laid down in Directive 97/78/EC and
the relevant provisions of Union laws in Greenland,
Commission Regulation (EC) No 136/2004 of
before the date from which this Decision should apply.
22 January 2004 laying down procedures for veterinary
checks at Community border inspection posts on
products imported from third countries
( 7 ) and
Commission Decision 2001/812/EC of 21 November
(8) Denmark
and
Greenland
should
also
undertake
to
ensure
2001 laying down the requirements for the approval of
that imports into Greenland from third countries of the
border inspection posts responsible for veterinary checks
products concerned comply with Union rules on animal
on products introduced into the Community from third
health and food safety.
countries ( 8 ).
(9) Council
Directive
90/425/EEC
of
26
June
1990 (13) In
the
event
that
the
results
of
such
an
inspection
are
concerning veterinary and zootechnical checks applicable
positive, one or more border inspection posts in
in intra-Community trade in certain live animals and
Greenland should be listed in Commission Decision
products with a view to the completion of the internal
2009/821/EC of 28 September 2009 drawing up a list
market ( 2 ) provides for the introduction of a
of approved border inspection posts, laying down certain
computerised system linking veterinary authorities, with
rules on the inspections carried out by Commission
a view, in particular, to facilitate the rapid exchange of
veterinary experts and laying down the veterinary units
information relating to animal health and welfare
in Traces ( 9 ). In order to ensure effective control of the
between the competent authorities (Traces). Commission
products covered by this Decision introduced in
Decision 2004/292/EC of 30 March 2004 on the intro
Greenland and in the Union, it is appropriate that this
duction of the Traces system ( 3 ) provides that the
Decision apply as from the moment at which one or
Member States are to use Traces from 1 April 2004.
more border inspection posts in Greenland are listed in
Traces is essential for the effective monitoring of trade
Decision 2009/821/EC.
in animals and products of animal origin and
accordingly, it should be used for the transmission of
data on movements and trade in such products
(14) This
Decision
does
not
affect
any
possible
arrangements
between Greenland and the Union.
related to the import of fishery products based on the
Protocol (No 34) on special arrangements for Greenland
annexed to the Treaties,
(10) Outbreaks
of
animal
diseases
listed
in
Council
Directive
82/894/EEC of 21 December 1982 on the notification of
animal diseases within the Community ( 4 ), are to be
HAS ADOPTED THIS DECISION:
reported to the Commission through the Animal
Disease Notification System (ADNS) in accordance with
Commission Decision 2005/176/EC of 1 March 2005
Article 1
laying down the codified form and the codes for the
notification of animal diseases pursuant to Directive
Subject matter and scope
82/894/EEC ( 5 ). For the products concerned, those
This Decision lays down simplified rules and procedures for the
provisions should also apply to Greenland.
application of sanitary controls for fishery products, bivalve
molluscs, echinoderms, tunicates and marine gastropods and
to by-products thereof and products derived from these by-
(11) Regulation (EC) No 178/2002 of the European
products (hereinafter ‘the products’), originating from
Parliament and of the Council of 28 January 2002
Greenland or introduced into Greenland from third countries
laying down the general principles and requirements of
and thereafter imported from Greenland into the Union (here
inafter ‘the products coming from Greenland’).
( 1 ) OJ L 125, 23.5.1996, p. 10.
( 2 ) OJ L 224, 18.8.1990, p. 29.
( 6 ) OJ L 31, 1.2.2002, p. 1.
( 3 ) OJ L 94, 31.3.2004, p. 63.
( 7 ) OJ L 21, 28.1.2004, p. 11.
( 4 ) OJ L 378, 31.12.1982, p. 58.
( 8 ) OJ L 306, 23.11.2001, p. 28.
( 5 ) OJ L 59, 5.3.2005, p. 40.
( 9 ) OJ L 296, 12.11.2009, p. 1.

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L 182/26
EN
Official Journal of the European Union
12.7.2011
Article 2
Article 4
Definitions
Monitoring plans for aquaculture animals
For the purposes of this Decision, the following definitions shall
Denmark and Greenland shall submit for approval to the
apply:
Commission monitoring plans for the detection of the
presence of residues and substances in aquaculture animals in
Greenland, in accordance with Directive 96/23/EC.
(a) ‘bivalve molluscs’ means molluscs as defined in point 2.1 of
Section 2 of Annex I to Regulation (EC) No 853/2004;
Article 5
Checks on products introduced into Greenland from third
(b) ‘fishery products’ means products as defined in point 3.1 of
countries
Section 3 of Annex I to Regulation (EC) No 853/2004;
1. Veterinary
checks
shall
be
carried
out
on
consignments
of
the products introduced into Greenland from third countries in
(c) ‘by-products and products derived from these by-products’
accordance with the rules laid down in Directive 97/78/EC.
means animal by-products and derived products within the
meaning of points 1 and 2 respectively of Article 3 of
Regulation (EC) No 1069/2009, as far as they are derived
To facilitate those veterinary checks, the Commission shall
from fishery products, bivalve molluscs, echinoderms,
provide to the competent authorities of Denmark and
tunicates or marine gastropods;
Greenland the CN codes of the products, listed in Annex I to
Commission Decision 2007/275/EC.
(d) ‘products originating from Greenland’ means products
provided for in points (a), (b) and (c) of this Article, as
2. Proposals
for
border
inspection
posts
in
Greenland
shall
defined in accordance with the provisions of Annex III to
be submitted to the Commission for approval in accordance
Decision 2001/822/EC.
with Article 6(2) of Directive 97/78/EC.
Article 3
The list of border inspection posts approved for Greenland shall
be included in the list of border inspection posts in the Member
General rules concerning sanitary controls of the products
States, approved in accordance with Directives 91/496/EEC and
between the Union and Greenland
97/78/EC.
1. Denmark
and
Greenland
shall
ensure
that
the
relevant
legal acts of the Union which are applicable to the products
defined in Article 2, are implemented in Greenland.
Article 6
Information system
2. Member
States
shall
not
apply
the
veterinary
checks 1. Data
on
movements
of,
and
trade
in
the
products
to
and
applicable on products covered by this Decision. The products
from Greenland shall be transmitted in Danish language
coming from Greenland shall be placed on the internal market
through the integrated computerised veterinary system (Traces)
under the sanitary rules applicable within the Union, provided
in accordance with Decision 2004/292/EC.
that Denmark and Greenland ensure, in particular, the full
respect of the following conditions:
2. The
notification
of
aquatic
diseases
concerning
the
products in Greenland shall be transmitted through the
(a) the effective transposition and implementation in Greenland
animal disease notification system (ADNS), in accordance with
of the applicable rules laid down in legal acts of the Union
Directive 82/894/EEC and Decision 2005/176/EC.
concerning animal health and food safety, relating to the
products;
3. The
notification
of
direct
or
indirect
risks
to
human
health
deriving from the products in Greenland shall be transmitted
(b) the drawing-up and keeping up to date by the competent
through the rapid alert system for feed and food (RASFF) estab
authorities in Denmark and Greenland of a list of feed and
lished by Regulation (EC) No 178/2002.
food business operators which have been registered in
accordance with Article 31 of Regulation (EC) No
882/2004;
Article 7
Identification mark
(c) the conformity of consignments of products dispatched to
Consignments of the products dispatched to the Union from
the Union from Greenland with the applicable rules laid
Greenland shall be marked with the identification mark for
down in legal acts of the Union concerning animal health
Greenland, ‘GL’, in accordance with the rules set out in
and food safety.
Section I(B) of Annex II to Regulation (EC) No 853/2004.

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EN
12.7.2011 Official
Journal
of
the
European
Union L
182/27
Article 8
Confirmation of compliance with the conditions laid down in this Decision
Denmark and Greenland shall provide, before the date referred to in Article 9, from which this Decision
shall apply, written confirmation to the Commission that the necessary measures for the application of this
Decision have been taken.
Article 9
Entry into force and applicability
This Decision shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.
It shall apply from the date of listing in Commission Decision 2009/821/EC of the first border inspection
post in Greenland.
Done at Luxembourg, 28 June 2011.
For the Council
The President
FAZEKAS S.

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