1999/813/EC: Commission Decision of 16 November 1999 laying down special conditions governing imports of fishery products originating in the Socialist Republic of Vietnam (notified under document number C(1999) 3758) (Text with EEA relevance)
9. 12. 1999 EN Official Journal of the European Communities L 315/39 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 16 November 1999 laying down special conditions governing imports of fishery products originating in the Socialist Republic of Vietnam (notified under document number C(1999) 3758) (Text with EEA relevance) (1999/813/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, which it must be drafted and the grade of the person empowered to sign it; Having regard to the Treaty establishing the European Community, 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 partic- ular Article 11 thereof, Whereas: (1) (2) (3) (4) A Commission expert has conducted an inspection visit to the Socialist Republic of Vietnam to verify the condi- tions under which fishery products are produced, stored and dispatched to the Community; The provisions of legislation of the Socialist Republic of Vietnam on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC; In the Socialist Republic of Vietnam the ‘National Fish- eries Inspection and Quality Assurance Center (Nafi- qacen) of the Ministry of Fisheries’ is capable of effec- tively verifying the application of the laws in force; 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 in minimum requirements regarding the language(s) (5) (6) (7) 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; Pursuant to Article 11(4)(c) of Directive 91/493/EEC, a list of factory approved/registration establishments, vessels, or cold stores must be drawn up; a list of freezer vessels registered in the sense of Directive 92/48/EEC (3) must be drawn up; these list must be drawn up on the basis of a communication from the Nafiqacen to the Commission; it is therefore for the Nafiqacen to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC; The Nafiqacen 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 fulfil- ment of requirements equivalent to those laid down by that Directive for the approval or registration of estab- lishments, facotry vessels, cold stores or freezer vessels of origin; (8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, (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. L 315/40 EN Official Journal of the European Communities 9. 12. 1999 HAS ADOPTED THIS DECISION: Article 1 The ‘National Fisheries Inspection and Quality Assurance Center (Nafiqacen) of the Ministry of Fisheries’ shall be the competent authority in the Socialist Republic of Vietnam for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC. Article 2 Fishery and aquaculture products originating in the Socialist Republic of Vietnam must meet the following conditions: 1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto; 2. the products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto; 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 ‘Vietnam’ and the approval/ factory vessel, registration number of cold store or freezer vessel of origin in indelible letters. the establishment, Article 3 Certificates as referred to in Article 2(1) must be drawn 1. 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 signature of the representative of the Nafiqacen and the latter's official stamp in a colour different from that of other endorsements. Article 4 This Decision is addressed to the Member States. Done at Brussels, 16 November 1999. For the Commission David BYRNE Member of the Commission 9. 12. 1999 EN Official Journal of the European Communities L 315/41 ANNEX A HEALTH CERTIFICATE for fishery and aquaculture products originating in the Socialist Republic of Vietnam and intended for export to the European Community, excluding bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form Country of dispatch: SOCIALIST REPUBLIC OF VIETNAM Competent authority: ‘National Fisheries Inspection and Quality Assurance Center (NAFIQACEN) of the Ministry of Fisheries’ Reference No:. I. Details identifying the fishery products — Description of fishery — aquaculture products (1):. — species (scientific name):. — presentation of product and type of treatment (2):. — Code numer (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 establishments(s), factory vessels(s), or cold store(s) approved or freezer vessel(s) registered by the NAFIQACEN for export to the European Community:. III. Destination of products The products are dispatched from: 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. L 315/42 EN Official Journal of the European Communities 9. 12. 1999 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 satisfactory undergone the organoleptic, parasitological, chemical and microbiological checks laid down for certain categories of fishery products by Directive 91/493/EEC and in the 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 1999/813/EC. Done at. , on. (Place) (Date)Official stamp (1). (Signature of official inspector (1). (Name in capital letters, capacity 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. 9. 12. 1999 EN Official Journal of the European Communities L 315/43 ANNEX B I. LIST OF APPROVED ESTABLISHMENTS No Name Address 003 DL 02 Special aquatic products import and export company (Seaspimex) — Factory No 2 Tan Binh district, Ho Chi Minh city 008 DL 07 An Giang fishery import-export company, workshop No 1 — Agifish 012 DL 12 Song Huong import export seafoods company — Soseafood 017 DL 21 Seaprodex Tien Giang Long Xuyen town, An Giang province Hue city, Thua Thien Hue province My Tho city, Tien Giang province 024 DL 32 Thuan Phuoc seafoods and trading corporation — Thuan Phuoc Corporation Hai Chau district, Da Nang city 038 DL 103 Cau Tre Enterprise — CTE Workshop No 3 Tan Binh district, Ho Chi Minh city 060 DL 110 Kiengiang seaproducts import and export company (Kisimex) — Kien Giang export fish processing enterprise Rach Gia town, Kien Giang province 053 DL 121 Ngoc HaCompany Ltd foodprocessing and Trading 067 DL 130 Minh Hai Jostoco 070 DL 132 Soc Trang foodstuff and general import export company — Fimex VN 063 DL 129 Sagimexco 077 DL 138 Hung Thanh Phu Quoc fish sauce manufacture enterprise 078 DL 139 Thanh Ha Co. Ltd 073 DL 134 Can Tho — agricultural and animal products imex company Cataco 058 DL 127 Song Tien No 2ST2 080 DL 141 Phu Than frozen factory Thu Duc district, Ho Chi Minh city Ca Mau town, Ca Mau province Soc Trang town, Soc Trang province Sa Dec town, Dong Thap province Phu Quoc district, Kien Giang province Phu Quoc district, Kien Giang province Can Tho city, Can Tho province Chau Than district, Tien Giang province Chau Thanh district, Can Tho province 050 DL 118 Minh Hai Sea products. Import and export Corporation new sea prod- ucts processing factory Ca Mau Town, Ca Mau province 057 DL 125 Hai Nam Co. Ltd Phan Thiet town, Binhthuan province