Commission Decision of 18 February 2008 amending Decision 2006/766/EC as regards the list of third countries and territories from which imports of fishery products in any form for human consumption are permitted (notified under document number C(2008) 555) (Text with EEA relevance) (2008/156/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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⁾, and in particular Article 11(1) thereof,

Whereas:

1. Regulation (EC) No 854/2004 lays down specific rules for the organisation of official controls on products of animal origin. Article 11 of that Regulation provides for the establishment of lists of third countries and parts of third countries from which imports of specific products of animal origin are permitted, and sets out criteria to be taken into account in the establishment of such lists.

2. Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted⁽²⁾ lists those third countries which satisfy the criteria referred to in Article 11(4) of Regulation (EC) No 854/2004 and are therefore able to guarantee that those products exported to the Community meet the sanitary conditions laid down to protect the health of consumers.

3. Annex II of that Decision lists the third countries and territories from which imports of fishery products in any form for human consumption are permitted.

4. Armenia is currently listed in that Annex but only for imports of ‘live non-farmed crayfish’. A Commission inspection carried out in that country in March 2007 showed that the relevant sanitary requirements for heat-processed and frozen non-farmed crayfish are met. Therefore, the listing for Armenia should be extended to also include heat processed non-farmed crayfish and frozen non-farmed crayfish.

5. Montenegro, which is currently listed in Annex II to Decision 2006/766/EC but only for imports of ‘whole fresh fish from wild seawater catches’, has provided scientific information and submitted an additional application for the approval of imports of freshwater crayfish from that third country. The current limitation should therefore be deleted. Imports of fishery products should be authorised.

6. Bosnia and Herzegovina is currently not listed in Annex II to Decision 2006/766/EC. A Commission inspection to that country was carried out from 29 August to 2 September 2005. It has been proven that the competent authorities have provided all necessary guarantees to satisfy the relevant sanitary conditions. Bosnia and Herzegovina should therefore be included in the list of third countries from which Member States may authorise imports of fishery products.

7. Bulgaria and Romania are currently listed in Annex II to Decision 2006/766/EC. However, as the list refers only to third countries, the application of those entries ceased upon their accession to the European Union. The listings for those two Member States should therefore be deleted.

8. Annex I of that Decision lists the third countries from which imports of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form for human consumption are permitted. Footnote 6 of Annex II referring to Morocco concerns additional requirements for certain processed bivalve molluscs. For reasons of consistency, it is therefore appropriate to move those requirements to Annex I.

9. Decision 2006/766/EC should therefore be amended accordingly.

10. 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: