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1.8.2013 Official
Journal
of
the
European
Union L
205/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 743/2013
of 31 July 2013
introducing protective measures on imports of bivalve molluscs from Turkey intended for human
consumption
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
molluscs would have been unfit for human consumption
before the laboratory results become available. Therefore,
Having regard to the Treaty on the Functioning of the European
it is appropriate to suspend imports into the Union of
Union,
live and chilled bivalve molluscs originating in Turkey
until the Turkish authorities will be in position to
provide the necessary guarantees.
Having regard to Council Directive 97/78/EC of 18 December
1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from
(5) The
measures
provided
for
in
this
Regulation
are
in
third counties (
accordance with the opinion of the Standing

1 ), and in particular Article 22(1) thereof,
Committee on the Food Chain and Animal Health,
Whereas:
HAS ADOPTED THIS REGULATION:
(1) The
Commission’s
audit
service,
the
Food
and
Veterinary
Office has carried out a follow-up audit in Turkey to
Article 1
evaluate the official controls of the production of
fishery products and bivalve molluscs intended for
This Regulation shall apply to live, chilled, frozen and processed
export to the Union. The audit identified several defi
bivalve molluscs intended for human consumption and orig
ciencies in the implementation of official controls and
inating in Turkey.
in particular significant shortcomings of analyses in the
official laboratories visited. Consequently, the Turkish
Article 2
competent authority cannot reliably guarantee that
Union health standards for all bivalve molluscs
Member States shall not allow importation into the Union of
exported to the Union are met.
live and chilled bivalve molluscs from Turkey.
(2) In
addition,
Member
States
have
reported
a
high
number
Article 3
of non-compliant consignments of bivalve molluscs orig
inating in Turkey which were not fulfilling Union
1. Member
States
shall,
using
appropriate
sampling
plans
and
microbiological standards.
detection methods, carry out tests on consignments of frozen
and processed bivalve molluscs originating in Turkey as
provided for in paragraph 2.
(3) In
order
to
protect
human
health,
it
is
appropriate
to
subject the bivalve molluscs originating in Turkey to
appropriate checks, with the purpose of preventing
Those tests shall take place at the border inspection post of
products unfit for human consumption from being
entry into the Union of the consignments concerned.
placed on the market. The competent authorities
should place the consignments concerned under official
2. Member
States
shall
carry
out
the
tests
necessary
to
detention in the border inspection post of entry into the
identify:
Union until they receive the results of such checks.
(4) The
very
short
shelf
life
of
live
and
chilled
bivalve (a) the contamination level of Escherichia coli in all
molluscs rules out testing at the Union border as a less
consignments of frozen bivalve molluscs;
restrictive trade measure. Consignments of those
(b) the presence of marine biotoxins in all consignments of
( 1 ) OJ L 24, 30.1.1998, p. 9.
frozen or processed bivalve molluscs.

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L 205/2
EN
Official Journal of the European Union
1.8.2013
3. The consignments subjected to tests referred to in para
responsible for the consignment at the time of presentation
graphs 1 and 2 shall stay under supervision of competent auth
of that consignment to the border inspection post of entry
orities at the border inspection post concerned until the results
into the Union.
of those tests are received and assessed.
4. If
the
tests
referred
to
in
paragraphs
1
and
2
indicate
that
a consignment is likely to be injurious to human health, the
Article 5
competent authority shall immediately seize and destroy the
This Regulation shall enter into force on the third day following
consignments.
that of its publication in the Official Journal of the European
Article 4
Union.
All expenditures incurred in the application of this Regulation
shall be charged to the operator or his representative
It shall apply until 4 August 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 July 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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