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Commission Decision of 16 December 2004 amending Decision 2003/858/EC as regards imports of live fish of aquaculture origin and products thereof for further processing or immediate human consumption (notified under document number C(2004) 4560) (Text with EEA relevance) (2004/914/EC)
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Article 1U.K.
Decision 2003/858/EC is amended as follows.
1.
Article 2(2)(g) is replaced by:
‘(g)
“farming” means the keeping of aquatic animals on a farm.’
2.
Article 4 is replaced by the following:
‘Article 4Conditions related to importation of live fish of aquaculture origin for human consumption
Member States shall authorise the importation into their territory of live fish of aquaculture origin intended for immediate human consumption or for further processing before human consumption, only if:
(a)
the fish originate in third countries authorised under Article 11 of Directive 91/493/EEC, and comply with the public health certification requirements laid down under that Directive; and
(b)
the consignment complies with the conditions laid down in Article 3(1); or
(c)
the fish is sent directly to an approved import centre to be slaughtered and eviscerated.’
3.
Article 5(2) is replaced by:
‘2.Member States shall ensure that the processing of fish products of aquaculture origin from species susceptible to EHN, ISA, VHS and IHN takes place in approved import centres unless:
(a)the fish have been eviscerated before dispatch to the European Community; or
(b)the place of origin in the third country has a health status as regards EHN, ISA, VHS and IHN, equivalent to the place where they are to be processed.’
4.
Article 6 is replaced by the following:
‘Article 6Conditions related to importation of fish products of aquaculture origin for immediate human consumption
Member States shall authorise the importation into their territory of fish products of aquaculture origin intended for immediate human consumption only if:
(a)
the fish originate in third countries and establishments authorised under Article 11 of Directive 91/493/EEC, and comply with the public health certification requirements laid down under that Directive; and
(b)
the consignment consists of fish products suitable for retail sale to restaurants or directly to the consumer without further processing; and labelled in accordance with the provisions of Directive 91/493/EEC; and
(c)
the consignment complies with the guarantees laid down in the animal health certificate drawn up in conformity with the model in Annex V, taking into account the explanatory notes in Annex III.’
5.
Article 7 is replaced by the following:
‘Article 7Control procedures
1.Live fish, their eggs and gametes imported for the purpose of farming, and live fish of aquaculture origin imported for the purposes of restocking of put and take fisheries shall be subject to veterinary checks at the border inspection post in the Member State of arrival according to Article 8 of Directive 91/496/EEC, and the common veterinary entry document provided for in Regulation (EC) No 282/2004 shall be completed accordingly.
2.Live fish of aquaculture origin and products thereof imported for immediate human consumption or for further processing before human consumption, shall be subject to veterinary checks at the border inspection post in the Member State of arrival according to Article 8 of Directive 97/78/EC, and the common veterinary entry document provided for in Regulation (EC) No 136/2004 shall be completed accordingly.’
6.
Article 8 is replaced by the following:
‘Article 8Preventing contamination of natural waters
1.Member States shall ensure that imported live fish of aquaculture origin intended for human consumption are not released into natural waters within their territory.
2.Member States shall ensure that imported products of aquaculture origin intended for human consumption do not contaminate any natural waters within their territory.
3.Members States shall ensure that transport water from imported consignments does not lead to contamination of natural waters within their territory.’
7.
Annex II is replaced by Annex I to this Decision.
8.
Annex III is replaced by Annex II to this Decision.
9.
Annex IV is replaced by Annex III to this Decision.
10.
Annex V is replaced by Annex IV to this Decision.
11.
Annex VI is deleted.
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