Commission Implementing Regulation (EU) 2020/1641
of 5 November 2020
regarding imports of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption from the United States of America
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Regulation (EU) 2017/625 lays down general rules for the performance of official controls to verify compliance with rules aimed at preventing, eliminating or reducing to acceptable levels risks to humans and animals, either directly or through the environment.
In particular, Regulation (EU) 2017/625 lays down general conditions for the entry into the Union of animals and goods from third countries or regions thereof, including food intended for human consumption. Article 129 of Regulation (EU) 2017/625 empowers the Commission to recognise that measures applied by third countries, or regions thereof, are equivalent to the requirements laid down in certain rules referred to in Article 1(2) of that Regulation, if the third countries offer objective proof in this respect. It also empowers the Commission to set out the conditions governing the entry into the Union of such animals and goods from such third countries or regions thereof, in particular with regard to the nature and content of the official certificates or attestations that are to accompany those commodities.
Union controls in the United States were carried out from 17 to 27 March 2015 to evaluate the control system in place governing the production of bivalve molluscs and fishery products derived therefrom intended for export to the Union (Union controls). In the context of those controls, the United States authorities provided information about sanitary rules applicable to bivalve molluscs, echinoderms, tunicates and marine gastropods within their territory, risk-assessment procedures and factors taken into consideration for the assessment of risks and for the determination of the appropriate level of sanitary protection as regards those goods and control, inspection procedures, and official certification mechanisms.
The Union controls, the subsequent assurances provided by the United States and Implementing Regulation (EU) 2019/626 give grounds to establish that the measures applied in the States of Massachusetts and Washington of the United States for the protection of public health in relation to the production and placing on the market of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption are equivalent to the requirements laid down in rules as regards food safety referred to in Article 1(2) of Regulation (EU) 2017/625.
To enable the entry into the Union of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption it is necessary to establish an official model certificate for imports of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption from the United States of America, which requires to certify that the measures applied to the production and placing on the market of those goods are equivalent to the requirements laid down in rules as regards food safety referred to in Article 1(2) of Regulation (EU) 2017/625.
The measures provided for in this Implementing Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,
HAS ADOPTED THIS REGULATION:
Article 1Subject matter and scope
This Regulation lays down rules concerning the entry into F1Great Britain of consignments of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption from the States of Massachusetts and Washington of the United States.
Article 2Definition
For the purpose of this Regulation, the following definition shall apply:
‘Bivalve molluscs’ means bivalve molluscs as defined in point 2.1 of Annex I to Regulation (EC) No 853/2004.
Article 3Equivalence
The measures applied in the States of Massachusetts and Washington of the United States for the protection of public health in relation to the production and placing on the market of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods for human consumption for which the F2commodity codes have been laid down in accordance with the customs tariff, as established under section 8(1) of the Taxation (Cross-border Trade) Act 2018 are equivalent to the requirements laid down in the rules referred to in Article 1(2)(a) of Regulation (EU) 2017/625.
Article 4Official certificate
Each consignment of live, chilled, frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption, as referred to Article 1, shall enter F3Great Britain only if they are accompanied by an official certificate duly completed in accordance with the model F4published by the appropriate authority, as amended from time to time.
Article 5Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
F5...
Done at Brussels, 5 November 2020.
For the Commission
The President
Ursula von der Leyen