Legal provisions of COM(2010)176 - Rules for imports into the EU from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products thereof Presented by the Commission

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dossier COM(2010)176 - Rules for imports into the EU from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine ...
document COM(2010)176 EN
date June 28, 2011

Contents

Article 1 - Subject matter and scope

This Decision lays down simplified rules and procedures for the application of sanitary controls for fishery products, bivalve molluscs, echinoderms, tunicates and marine gastropods and to by-products thereof and products derived from these by-products (hereinafter ‘the products’), originating from Greenland or introduced into Greenland from third countries and thereafter imported from Greenland into the Union (hereinafter ‘the products coming from Greenland’).

Article 2 - Definitions

For the purposes of this Decision, the following definitions shall apply:

(a)‘bivalve molluscs’ means molluscs as defined in point 2.1 of Section 2 of Annex I to Regulation (EC) No 853/2004;

(b)‘fishery products’ means products as defined in point 3.1 of Section 3 of Annex I to Regulation (EC) No 853/2004;

(c)‘by-products and products derived from these by-products’ means animal by-products and derived products within the meaning of points 1 and 2 respectively of Article 3 of Regulation (EC) No 1069/2009, as far as they are derived from fishery products, bivalve molluscs, echinoderms, tunicates or marine gastropods;

(d)‘products originating from Greenland’ means products provided for in points (a), (b) and (c) of this Article, as defined in accordance with the provisions of Annex III to Decision 2001/822/EC.

Article 3 - General rules concerning sanitary controls of the products between the Union and Greenland

1. Denmark and Greenland shall ensure that the relevant legal acts of the Union which are applicable to the products defined in Article 2, are implemented in Greenland.

2. Member States shall not apply the veterinary checks applicable on products covered by this Decision. The products coming from Greenland shall be placed on the internal market under the sanitary rules applicable within the Union, provided that Denmark and Greenland ensure, in particular, the full respect of the following conditions:

(a)the effective transposition and implementation in Greenland of the applicable rules laid down in legal acts of the Union concerning animal health and food safety, relating to the products;

(b)the drawing-up and keeping up to date by the competent authorities in Denmark and Greenland of a list of feed and food business operators which have been registered in accordance with Article 31 of Regulation (EC) No 882/2004;

(c)the conformity of consignments of products dispatched to the Union from Greenland with the applicable rules laid down in legal acts of the Union concerning animal health and food safety.

Article 4 - Monitoring plans for aquaculture animals

Denmark and Greenland shall submit for approval to the Commission monitoring plans for the detection of the presence of residues and substances in aquaculture animals in Greenland, in accordance with Directive 96/23/EC.

Article 5 - Checks on products introduced into Greenland from third countries

1. Veterinary checks shall be carried out on consignments of the products introduced into Greenland from third countries in accordance with the rules laid down in Directive 97/78/EC.

To facilitate those veterinary checks, the Commission shall provide to the competent authorities of Denmark and Greenland the CN codes of the products, listed in Annex I to Commission Decision 2007/275/EC.

2. Proposals for border inspection posts in Greenland shall be submitted to the Commission for approval in accordance with Article 6(2) of Directive 97/78/EC.

The list of border inspection posts approved for Greenland shall be included in the list of border inspection posts in the Member States, approved in accordance with Directives 91/496/EEC and 97/78/EC.

Article 6 - Information system

1. Data on movements of, and trade in the products to and from Greenland shall be transmitted in Danish language through the integrated computerised veterinary system (Traces) in accordance with Decision 2004/292/EC.

2. The notification of aquatic diseases concerning the products in Greenland shall be transmitted through the animal disease notification system (ADNS), in accordance with Directive 82/894/EEC and Decision 2005/176/EC.

3. The notification of direct or indirect risks to human health deriving from the products in Greenland shall be transmitted through the rapid alert system for feed and food (RASFF) established by Regulation (EC) No 178/2002.

Article 7 - Identification mark

Consignments of the products dispatched to the Union from Greenland shall be marked with the identification mark for Greenland, ‘GL’, in accordance with the rules set out in Section I(B) of Annex II to Regulation (EC) No 853/2004.

Article 8 - Confirmation of compliance with the conditions laid down in this Decision

Denmark and Greenland shall provide, before the date referred to in Article 9, from which this Decision shall apply, written confirmation to the Commission that the necessary measures for the application of this Decision have been taken.

Article 9 - Entry into force and applicability

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from the date of listing in Commission Decision 2009/821/EC of the first border inspection post in Greenland.