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8.11.2012 Official
Journal
of
the
European
Union L
308/25
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)
THE EUROPEAN COMMISSION,
out a list of third countries from which imports are
permitted of bivalve molluscs, tunicates, echinoderms
and marine gastropods and Annex II to that Decision
sets out a list of third countries and territories from
Having regard to the Treaty on the Functioning of the European
which imports of fishery products for human
Union,
consumption are permitted. Those lists also indicate
restrictions concerning such imports from certain third
countries.
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 ),
(4) A
Commission
inspection
was
carried
out
in
Croatia
and in particular Article 11(1) thereof,
from 23 November to 2 December 2010 to evaluate
the control systems in place governing the production
of live bivalve molluscs intended for export to the Union.
A number of deficiencies were identified which were
Whereas:
subsequently corrected. The control systems in place in
that third country currently provide sufficient guarantees
to ensure adequate consumer health protection for
(1) Regulation
(EC)
No
854/2004
provides
that
products
of
bivalve molluscs exported from Croatia to the Union.
animal origin are only to be imported from a third
Croatia should therefore be included in the list set out
country or part of a third country that appears on a
in Annex I to Decision 2006/766/EC.
list drawn up in accordance with that Regulation.
(5) A
Commission
inspection
was
carried
out
in
Brunei
from
(2) Regulation
(EC)
No
854/2004
also
provides
that
when
25 to 28 April 2012 to evaluate the control systems in
drawing up and updating such lists, account is to be
place governing the production of fishery products
taken of Union controls in third countries and guarantees
intended for export to the Union. No deficiencies
provided by the competent authorities of third countries,
considered to have significant implications for
as regards compliance or equivalence with the Union
consumer health protection were identified during that
feed and food law and animal health rules as specified
inspection with regard to the production of aquaculture
in Regulation (EC) No 882/2004 of the European
products. Brunei should therefore be included in the list
Parliament and of the Council of 29 April 2004 on
of third countries set out in Annex II to Decision
official controls performed to ensure the verification of
2006/766/EC, together with an indication that only
compliance with feed and food law, animal health and
imports of aquaculture products are permitted into the
animal welfare rules ( 2 ).
Union from that third country.
(3) Commission
Decision
2006/766/EC
of
6
November
2006 establishing the lists of third countries and terri
(6) A
Commission
inspection
was
carried
out
in
Togo
from
tories from which imports of bivalve molluscs, echino
8 to 11 June 2009. Official checks and hygiene certifi
derms, tunicates, marine gastropods and fishery products
cation for the export of live lobsters was found to be
are permitted (
satisfactory, but deficiencies were noted in the control

3 ) lists those third countries which satisfy
the criteria referred to in Regulation (EC) No 854/2004
system for smoked fishery products intended for export
and are therefore able to guarantee that exports of those
to the Union. In view of those deficiencies, Togo was
products to the Union meet the sanitary conditions laid
included in the list set out in Annex II to Decision
down in Union legislation to protect the health of
2006/766/EC, as amended by Commission Decision
consumers. In particular, Annex I to that Decision sets
2009/951/EU ( 4 ), together with an indication that only
imports of live lobsters are permitted into the Union
from that third country.
( 1 ) OJ L 139, 30.4.2004, p. 206.
( 2 ) OJ L 165, 30.4.2004, p. 1.
( 3 ) OJ L 320, 18.11.2006, p. 53.
( 4 ) OJ L 328, 15.12.2009, p. 70.

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L 308/26
EN
Official Journal of the European Union
8.11.2012
(7) The
deficiencies
identified
during
the
Commission (11) Decision 2006/766/EC should therefore be amended
inspection visit to Togo were subsequently addressed.
accordingly.
Control systems were established to conduct microbial
and chemical analyses of smoked fishery products.
(12) The
measures provided for in this Decision are in
Analytical reports and other information submitted by
accordance with the opinion of the Standing
the competent authority provide sufficient guarantees to
Committee on the Food Chain and Animal Health,
ensure adequate consumer health protection for all
HAS ADOPTED THIS DECISION:
fishery products for human consumption, other than
live, chilled, frozen or processed bivalve molluscs, echi
Article 1
noderms, tunicates and marine gastropods, exported
Decision 2006/766/EC is amended as follows:
from Togo to the Union.
(1) in Annex I, the following entry is inserted between the
(8) Following
an
internal
reform
in
the
Kingdom
of
the
entries for Greenland and Jamaica:
Netherlands, effective as of 10 October 2010, the
Netherlands Antilles ceased to exist as an autonomous
‘HR CROATIA Only
applicable
until
this
Acceding
country within that Kingdom. On that same date,
State becomes a Member State of the
Curaao and Sint Maarten gained the status of
Union.’
autonomous countries within the Kingdom of the
Netherlands, while Bonaire, Sint Eustatius and Saba
(2) Annex II is amended as follows:
became special municipalities of the European part of
the Kingdom of the Netherlands.
(a) the following entry is inserted between the entries for
Benin and Brazil:
(9) Bonaire,
Sint
Eustatius
and
Saba
remain
nevertheless
included in the list of overseas countries and territories
‘BN BRUNEI Only
aquaculture
products.’
set out in Annex II to the Treaty on the Functioning of
the European Union. Thus they are overseas countries
and territories to which the provisions of part four of
(b) the following entry is inserted between the entries for
the Treaty apply.
Brazil and The Bahamas:


(10) Being part of the European part of the Kingdom of the
‘BQ BONAIRE,
SINT
Netherlands, the implementation of the Treaties for those
EUSTATIUS, SABA’
territories is ensured by the Netherlands and the tasks of
the competent authority for sanitary matters in those
(c) the entry for Togo is replaced by the following:
special municipalities are carried out by the competent
authorities of the Netherlands. The competent authorities
‘TG TOGO’
of the Netherlands have presented the necessary
information to the Commission to prove that the
sanitary control system in place in Bonaire, Sint
Article 2
Eustatius and Saba provides sufficient guarantees of
This Decision is addressed to the Member States.
compliance with Union requirements. The information
provided also shows that those authorities have the
same legal powers to conduct controls as the
competent authority of the Netherlands Antilles used to
Done at Brussels, 6 November 2012.
have and that food business operators are bound by the
same obligations. In addition, according to that
For the Commission
information, the official sanitary controls in those
special municipalities continue at the same levels as in
Maro EFOVI
the period before the Netherlands Antilles ceased to exist.
Vice-President

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Document Outline

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