16.3.2002 Official Journal of the European Communities L 75/65 COMMISSION DECISION of 15 March 2002 establishing special health checks for the harvesting and processing of certain bivalve molluscs with a level of amnesic shellfish poison (ASP) exceeding the limit laid down by Council Directive 91/492/EEC (notified under document number C(2002) 1009) (Text with EEA relevance) (2002/226/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (5)  The provisions of this Decision should be re-evaluated Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/492[EEC of 15 July 1991 fixing the health conditions for the production and the placing on the market of live bivalve molluscs ('), as last amended by Directive 97/79/EC (3), and in particular Chapter V, last paragraph, of the Annex thereto, Whereas: (1)  Chapter V, point 7a, of the Annex to Directive 91/ 492[EEC provides that the total amnesic shellfish poison (ASP) content in the edible parts of molluscs (the entire body or any part edible separately) must not exceed 20 mglkg of domoic acid (DA) using the high performance liquid chromatography (HPLC) method. (2)  For bivalve molluscs belonging to the species Pecten maximus and Pecten jacobaeus, scientific studies have shown that with a DA concentration in the whole body between 20 and 250 mgfkg, under certain restrictive conditions, the concentration of DA in the adductor muscle and/or gonads intended for human consumption is normally below the limit of 20 mg/kg. (3)  In the light of recent scientific studies it is appropriate to lay down, only for the harvesting stage and only for the bivalve molluscs belonging to the species referred to in recital 2, an ASP level with respect to the whole body, higher than the limit laid down in Directive 91/492/EEC. (4) It is for the Competent Authority of Member States to authorise the establishments carrying out the specific preparation of these bivalve molluscs and to check the satisfactory application of the ‘own health checks’ procedures set out in Article 6 of Council Directive 91/493[EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (}), as last amended by Directive 97/79/EC. OJ L 268, 24.9.1991, p. 1. 2) O] L 24, 30.1.1998, p. 31. OJ L 268, 24.9.1991, p. 15. when scientific evidence indicates the need to introduce other health checks, or to amend the parameters estab- lished for the purpose of protecting public health. (6)  The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Commiittee, HAS ADOPTED THIS DECISION: Article 1 1. By way of derogation from point 7a of Chapter V of the Annex to Directive 91/492/EEC, Member States may authorise the harvesting of bivalve molluscs belonging to the species Pecten maximus and Pecten jacobaeus with a concentration of domoic acid (DA) in the whole body exceeding 20 mg/kg but lower than 250 mg/kg which satisfy the requirements in para- graph 2. 2. The requirements referred to in paragraph 1 are the following: (a) the molluscs must be subjected to the harvesting conditions laid down in the Annex to this Decision; (b) they must be transported in containers or vehicles, sealed under the direction of the competent authority, and directly dispatched from the production areas to an approved establishment authorised to carry out the specific prepara- tion of these molluscs, that involves the removal of the hepatopancreas, soft tissues, or any other contaminated part not in compliance with point 2 of the Annex. A list of the establishment specifically authorised must be trans- mitted by the competent authority to the European Commission and to Member States; (c) they must be accompanied by a registration document, issued by the competent authority, for each batch, speci- fying the requirements as provided for in Chapter II, point 6, of the Annex to Directive 91/492[EEC, as well as the anatomical part or parts that can be processed for human consumption. A permanent transport authorisation granted by the competent authority is not acceptable;