98/568/EC: Commission Decision of 6 October 1998 laying down special conditions governing imports of fishery and aquaculture products originating in Guatemala (notified under document number C(1998) 2950) (Text with EEA relevance)
L 277/26 EN Official Journal of the European Communities 14. 10. 98 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 6 October 1998 laying down special conditions governing imports of fishery and aquaculture products originating in Guatemala (notified under document number C(1998) 2950) (Text with EEA relevance) (98/568/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, minimum requirements in which it must be drafted and the grade of the person empowered to sign it; regarding the language(s) Having regard to 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 (1), as last amended by the Council Directive 97/79/EC (2), and in particular Article 11 thereof, Whereas, pursuant to Article 11(4)(b) of Directive 91/ 493/EEC, a mark should be affixed to packages of fishery products giving the name of the third country and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin; Whereas a Commission expert has conducted an inspec- tion visit to Guatemala to verify the conditions under which fishery products stored and dispatched to the Community; are produced, Whereas the provisions of legislation of Guatemala on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC; Whereas, in Guatemala the ‘Dirección General de Servi- cios Pecuarios (DIGESEPE) del Ministerio de Agricultura, Ganadería y Alimentación' is capable of effectively veri- fying the application of the laws in force; Whereas the procedure for obtaining the health certificate referred to in Article 11(4)(a) of Directive 91/493/EEC must also cover the definition of a model certificate, the Whereas, pursuant to Article 11(4)(c) of Directive 91/ 493/EEC, a list of approved establishments, factory vessels, or cold stores must be drawn up; whereas a list of freezer vessels registered in the sense of Directive 92/ 48/EEC (3) must be drawn up; whereas these lists must be drawn up on the basis of a communication from the DIGESEPE to the Commission; whereas it is therefore for the DIGESEPE to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/ 493/EEC; Whereas the DIGESEPE has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval or registration of estab- lishments, factory vessels, cold stores or freezer vessels of origin; (1) OJ L 268, 24. 9. 1991, p. 15. (2) OJ L 24, 30. 1. 1998, p. 31. (3) OJ L 187, 7. 7. 1992, p. 41. 14. 10. 98 EN Official Journal of the European Communities L 277/27 Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION: 3. except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘GUATEMALA' and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters. Article 1 Article 3 de Servicios ‘Dirección General Pecuarios The (DIGESEPE) del Ministerio de Agricultura, Ganadería y Alimentación' shall be the competent authority in Guate- mala for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC. 1. Certificates as referred to in Article 2(1) must be drawn up in at least one official language of the Member State where the checks are carried out. 2. Certificates must bear the name, capacity and signa- the DIGESEPE and the ture of latter’s official stamp in a colour different from that of other endorsements. the representative of Article 2 Fishery and aquaculture products originating in Guate- mala must meet the following conditions: This Decision is addressed to the Member States. Article 4 1. each consignment must be a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accord- ance with the model in Annex A hereto; accompanied by 2. the products must come from approved establish- ments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto; Done at Brussels, 6 October 1998. For the Commission Franz FISCHLER Member of the Commission L 277/28 EN Official Journal of the European Communities 14. 10. 98 ANNEX A HEALTH CERTIFICATE for fishery and aquaculture products originating in Guatemala and intended for export to the European Community, excluding bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form Reference No. Country of dispatch: GUATEMALA Competent authority: Dirección General de Servicios Pecuarios (DIGESEPE) del Ministerio de Agricultura, Ganadería y Alimentación I. Details identifying the fishery products — Description of fishery/aquaculture products (1): — species (scientific name):. — presentation of product and type of treatment (2):. — Code number (where available):. — Type of packaging:. — Number of packages:. — Net weight:. — Requisite storage and transport temperature:. II. Origin of products Name(s) and official approval number(s) of establishment(s), factory vessel(s) or cold store(s) approved or freezer vessel(s) registered by the DIGESEPE for export to the European Community:. III. Destination of products The products are dispatched from:. (place of dispatch) to:. (country and place of destination) by the following means of transport:. Name and address of dispatcher:. Name of consignee and address at place of destination:. (1) Delete where applicable. (2) Live, refrigerated, frozen, salted, smoked, preserved, etc. 14. 10. 98 EN Official Journal of the European Communities L 277/29 IV. Health attestation — The official inspector hereby certifies that the fishery or aquaculture products specified above: 1. were caught, and handled on board vessels in accordance with the health rules laid down by Directive 92/48/EEC; 2. were landed, handled and where appropriate packaged, prepared, processed, frozen, thawed and stored hygienically in compliance with the requirements laid down in Chapters II, III and IV of the Annex to Directive 91/493/EEC; 3. have undergone health controls in accordance with Chapter V of the Annex to Directive 91/493/EEC; 4. are packaged, marked, stored and transported in accordance with Chapters VI, VII and VIII of the Annex to Directive 91/493/EEC; 5. do not come from toxic species or species containing biotoxins; 6. have satisfactorily undergone the organoleptic, parasitological, chemical and microbiological checks fishery products by Directive 91/493/EEC and in the laid down for certain categories of implementing decisions thereto. — The undersigned official inspector hereby declares that he is aware of the provisions of Directive 91/493/EEC, Directive 92/48/EEC and Decision 98/568/EC. Done at. , (Place) on. (Date) Official stamp (1). Signature of official inspector (1). (Name in capital letters, capactiy and qualifications of person signing) (1) The colour of the stamp and signature must be different from that of the other particulars in the certificate. L 277/30 EN Official Journal of the European Communities 14. 10. 98 ANNEX B I. LIST OF APPROVED ESTABLISHMENTS Number Name Address PP013602 Industrias Marbella, SA CC011201 Mayasal, SA PE013601 Pescado de Tony Villanueva-Guatemala Guatemala ciudad Villanueva-Guatemala PC110703 Procesadora de Mariscos del Sur, Sociedad Anónima (Promasur, SA) Retalhuleu PD050901 Pesca, SA CC-050903 Comarpa PET-050901 Industria pesquera San Rafael SA PE-050908 Inversiones El Puerto PPM-012301 Comercial Pamypa PE-010101 HB Internacional Inversiones Marítimas Buena Vista PE-010104 Pesquera Industrial SA Retalhuleu Escuintla, Guatemala Escuintla, Guatemala Escuintla, Guatemala Santa Catarina, Pinula Puerto de San José, Escuintla Puerto de San José, Escuintla