Pending: 31997D0375

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes – Common System of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas, under the terms of Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measure for derogation from the provisions of that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;Whereas the United Kingdom was authorized, by Decision 93/111/EEC (2), in accordance with the procedure laid down in Article 27 (1) to (4) of Directive 77/388/EEC, to apply a measure derogating from Article 17 (1) of the said Directive until 31 December 1996;Whereas the United Kingdom, by means of a letter registered by the Commission on 19 November 1996, requested authorization to extend the said derogation;Whereas the other Member States were informed on 18 December 1996 of the United Kingdom’s request;Whereas this special measure derogating from Article 17 (1) of Directive 77/388/EEC forms part of an optional system of taxation for firms with an annual turnover not higher than £ 400 000 based on the third subparagraph of Article 10 (2) of the said Directive, which permits payment of tax to be deferred until receipt of the price;Whereas the United Kingdom seeks authority to increase the turnover ceiling from £ 350 000 to £ 400 000 to take account of inflation;Whereas a derogation can be accepted in view of the number of firms that already have opted for this simplified scheme and the limited duration of this extension;Whereas the derogation in question does not have a negative effect on the own resources of the European Communities accruing from VAT;Whereas the Commission adopted on 10 July 1996 a work programme based on a step-by-step approach for progressing towards a new common system of VAT;Whereas the last package of proposals is to be put forward by mid-1999 and, in order to permit an evaluation of the coherence of the derogation with the global approach of the new common VAT system, the authorization is granted until 31 December 1999,HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from the provisions of Article 17 (1) of Directive 77/388/EEC, the United Kingdom is hereby authorized, until 31 December 1999, to provide within an optional scheme that enterprises with an annual turnover not higher than £ 400 000 must postpone the right of deduction of tax until it has been paid to the supplier.

Article 2
This Decision is addressed to the United Kingdom.
Done at Luxembourg, 9 June 1997.
For the Council
The President
(1) OJ No L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 96/95/EC (OJ No L 338, 28. 12. 1996, p. 89).
(2) OJ No L 43, 20. 2. 1993, p. 46.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes – Common System of value added tax: uniform basis of assessment (1), and in particular Article 27 thereof,Having regard to the proposal from the Commission,Whereas, under the terms of Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measure for derogation from the provisions of that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion or avoidance;Whereas the United Kingdom was authorized, by Decision 93/111/EEC (2), in accordance with the procedure laid down in Article 27 (1) to (4) of Directive 77/388/EEC, to apply a measure derogating from Article 17 (1) of the said Directive until 31 December 1996;Whereas the United Kingdom, by means of a letter registered by the Commission on 19 November 1996, requested authorization to extend the said derogation;Whereas the other Member States were informed on 18 December 1996 of the United Kingdom’s request;Whereas this special measure derogating from Article 17 (1) of Directive 77/388/EEC forms part of an optional system of taxation for firms with an annual turnover not higher than £ 400 000 based on the third subparagraph of Article 10 (2) of the said Directive, which permits payment of tax to be deferred until receipt of the price;Whereas the United Kingdom seeks authority to increase the turnover ceiling from £ 350 000 to £ 400 000 to take account of inflation;Whereas a derogation can be accepted in view of the number of firms that already have opted for this simplified scheme and the limited duration of this extension;Whereas the derogation in question does not have a negative effect on the own resources of the European Communities accruing from VAT;Whereas the Commission adopted on 10 July 1996 a work programme based on a step-by-step approach for progressing towards a new common system of VAT;Whereas the last package of proposals is to be put forward by mid-1999 and, in order to permit an evaluation of the coherence of the derogation with the global approach of the new common VAT system, the authorization is granted until 31 December 1999,HAS ADOPTED THIS DECISION:
By way of derogation from the provisions of Article 17 (1) of Directive 77/388/EEC, the United Kingdom is hereby authorized, until 31 December 1999, to provide within an optional scheme that enterprises with an annual turnover not higher than £ 400 000 must postpone the right of deduction of tax until it has been paid to the supplier.
This Decision is addressed to the United Kingdom.
Done at Luxembourg, 9 June 1997.
For the Council
The President
(1) OJ No L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 96/95/EC (OJ No L 338, 28. 12. 1996, p. 89).
(2) OJ No L 43, 20. 2. 1993, p. 46.

Pending: 31996D1254

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 129d thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4) in the light of the joint text approved on 4 April 1996 by the Conciliation Committee,1. Whereas, by its very nature, energy must be produced, distributed and used as rationally as possible with a view to sustainable development and whereas the capacity to develop renewable energy resources in the regions concerned must in no way be hindered or held back;2. Whereas the establishment and development of trans-European energy networks contribute towards attaining major objectives of the Community, such as completion of the internal market and the strengthening of economic and social cohesion;3. Whereas the establishment and development of trans-European energy networks throughout the territory of the Community also have the specific objectives of increasing the reliability and security of the Community’s energy supplies and of allowing balanced operation of the internal energy market and an improvement in the Community’s competitiveness;4. Whereas efforts must be made, in the planning, development and construction of the links currently missing from the trans-European networks for the transport of energy products, to ensure that these links are as short as possible and optimally sited, taking economic and environmental factors into account;5. Whereas, in order to contribute towards attaining the said objectives, the development of interconnections of electricity and natural gas transmission networks in the Community must be accelerated, particularly in the regions where improvements to the networks are necessary or in regions which are still isolated, and with the third countries in Europe and in the Mediterranean region;6. Whereas, in order to complete the internal market in energy, measures must be incorporated in an overall energy strategy which not only specifies the main criteria and objectives of the Community in this field but also defines more particularly the conditions for liberalizing the market in energy products;7. Whereas the interconnection of electricity and gas networks with third countries which are signatories to the Energy Charter Treaty (5) must be carried out in accordance with that Treaty;8. Whereas action by the Community to establish guidelines on trans-European energy networks is necessary, subject to the principle of subsidiarity;9. Whereas, in order to develop these networks on a Community-wide scale, it is necessary to identify projects of common interest and to create a more favourable context for the completion and interoperability of these networks;10. Whereas projects of common interest must meet the said objectives and form part of the said priorities; whereas only those projects should be considered which display potential economic viability, taking into account economic, social and technical factors; whereas, in this context, the concept of viability includes not only the financial profitability of the projects but also other considerations such as the reliability and security of energy supplies, the strengthening of economic and social cohesion and protection of the environment in the Community;11. Whereas private capital is used and will continue to be used in a majority of projects in the energy sector; whereas this means that the identification of projects of common interest will have to take particular account of the need to avoid distortions of competition;12. Whereas the guidelines identifying projects of common interest for the purposes of Article 129c (1), first indent, of the Treaty shall be adopted in accordance with Article 129d, first and second paragraphs;13. Whereas the projects of common interest should be identified by means of a sufficiently precise description; whereas a list of these projects and the description thereof as it appears in the Annex are therefore the most appropriate way of identifying them for the purposes of Article 129c of the Treaty;14. Whereas the procedure laid down in Article 129d, first and second paragraphs, of the Treaty is also applicable where the list of projects is to be extended or reduced;15. Whereas the Commission shall be responsible for laying down the specifications of the projects, which shall not affect their trans-European dimension;16. Whereas the Commission shall be responsible for updating projects without that process being allowed to affect the identity of a project in its trans-European dimension.17. Whereas the Commission shall be assisted by a committee;18. Whereas a modus vivendi was concluded on 20 December 1994 (6) between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty,HAVE ADOPTED THIS DECISION:

Article 1
This Decision defines the nature and scope of Community action to establish guidelines for trans-European energy networks. It establishes a series of guidelines covering the objectives, priorities and broad lines of measures by the Community in respect of trans-European energy networks. These guidelines identify projects of common interest among trans-European electricity and natural gas networks.

Article 2
This Decision applies:
1. in electricity networks, to:
– all high-voltage lines, excluding those of distribution networks, and submarine links, provided this infrastructure is used for inter-regional or international transmission,
– any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems;
2. in natural gas networks, to:
– high-pressure gas pipelines, excluding those of distribution networks, making it possible to supply regions of the Community from internal or external sources,
– underground storage facilities connected to the above-mentioned high-pressure gas pipelines,
– reception, storage and regasification facilities for liquefied natural gas (LNG) and also gas carriers according to the capacities to be supplied,
– any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems.

Article 3
The Community shall promote the interconnection, interoperability and development of trans-European energy networks and access to such networks in accordance with current Community law, with the aim of:
– allowing effective operation of the internal market in general and of the internal energy market in particular, while encouraging the rational production, distribution and utilization of energy resources and the development of renewable energy resources, so as to reduce the cost of energy to the consumer and render the European economy more competitive,
– facilitating the development and reducing the isolation of the less-favoured regions of the Community, thereby helping to strengthen economic and social cohesion,
– reinforcing the security of energy supplies, for example by strengthening relations with third countries in the energy sector in their mutual interest, in particular in the framework of the Energy Charter Treaty and cooperation agreements concluded by the Community.

Article 4
The priorities for action by the Community on trans-European energy networks shall be as follows:
1. for electricity networks:
– the connection of isolated electricity networks to the interconnected European networks (a),
– the development of interconnections between Member States (b) and of internal connections insofar as necessary in order to make the best use of these interconnections (c),
– the development of interconnections with third countries in Europe and the Mediterranean region which contribute to improving the reliability and security of the Community’s electricity networks or to supplying the Community with electricity (d);
2. for natural gas networks:
– the introduction of natural gas into new regions (e),
– the connection of isolated gas networks to the interconnected European networks, including the improvements needed to the existing networks for this purpose and the connection of the separate natural gas networks (f),
– increasing the transmission (gas delivery pipelines) (h), reception (LNG) and storage (g) capacities needed to satisfy demand, and diversification of supply sources and routes for natural gas.

Article 5
Lines of action
The broad lines of action by the Community on trans-European energy networks shall be:
– the identification of projects of common interest,
– the creation of a more favourable context for development of these networks, in accordance with the third paragraph of Article 129d of the Treaty.

Article 6
1. Any energy network project which satisfies all the following criteria may be of common interest:
– it falls within the scope of Article 2,
– it corresponds to the objectives and priorities set out in Articles 3 and 4 respectively,
– it displays potential economic viability.
2. An indicative list of projects of common interest is given in the Annex.
3. Any modification which changes the description of a project as it appears in the Annex shall be decided upon in accordance with the procedure laid down in Article 189b of the Treaty.
4. Project specifications shall not appear in the Annex. They shall be adopted in accordance with the procedure laid down in Article 9.
Any application, by a Member State or the Commission, for updating the specifications of a project shall be submitted by the Commission and decided upon in accordance with the procedure laid down in Article 9.
5. The criteria set out in paragraph 1 shall apply when a decision is taken on modifications, specifications or applications for updating.
Projects of common interest which relate to the territory of a Member State shall require the approval of the Member State concerned.
6. Member States shall take any measures they consider necessary to facilitate and speed up the completion of projects of common interest and to minimize delays while complying with Community law and international conventions on the environment. In particular, the necessary authorization procedures shall be completed rapidly.
7. Where parts of projects of common interest are situated within the territory of third countries, the Commission may, by agreement with the Member States concerned, put forward proposals, where appropriate within the framework of the management of the agreements between the Community and those third countries and in accordance with the Energy Charter Treaty in respect of third countries which are signatories to that Treaty, for the projects also to be recognized as of reciprocal interest by the third countries concerned, in order to facilitate their implementation.
8. The evaluation of the economic viability referred to in the third indent of paragraph 1 shall be based upon a cost-benefit analysis which shall take account of all costs and benefits, including those in the medium and/or long term, in connection with environmental aspects, security of supply and the contribution to economic and social cohesion.

Article 7
When projects are considered, an effort shall be made to take into account the effects on competition and the prospects of private financing or financing by the economic operators concerned.

Article 8
This Decision shall be without prejudice to any financial commitment by a Member State or the Community.

Article 9
Committee procedure
1. The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

Article 10
Every two years the Commission shall draw up a report on the implementation of this Decision, which it shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.

Article 11
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.

Article 12
This Decision is addressed to the Member States.
Done at Brussels, 5 June 1996.
For the European Parliament
The President
For The Council
(1) OJ No C 72, 10. 3. 1994, p. 10 and OJ No C 205, 10. 8. 1995, p. 6.
(2) OJ No C 195, 18. 7. 1994, p. 33.
(3) OJ No C 217, 6. 8. 1994, p. 26.
(4) Opinion of the European Parliament of 18 May 1995, (OJ No C 151, 19. 6. 1995, p. 228), common position of the Council of 29 June 1995 (OJ No C 216, 21. 8. 1995, p. 31) and Decision of the European Parliament of 26 October 1995 (OJ No C 308, 20. 11. 1995, p. 113). Decision of the Council of 7 May 1996 and Decision of the European Parliament of 21 May 1996 (not yet published in the Official Journal).
(5) OJ No L 380, 31. 12. 1994, p. 24.
(6) OJ No C 102, 4. 4. 1996, p. 1.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 129d thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4) in the light of the joint text approved on 4 April 1996 by the Conciliation Committee,1. Whereas, by its very nature, energy must be produced, distributed and used as rationally as possible with a view to sustainable development and whereas the capacity to develop renewable energy resources in the regions concerned must in no way be hindered or held back;2. Whereas the establishment and development of trans-European energy networks contribute towards attaining major objectives of the Community, such as completion of the internal market and the strengthening of economic and social cohesion;3. Whereas the establishment and development of trans-European energy networks throughout the territory of the Community also have the specific objectives of increasing the reliability and security of the Community’s energy supplies and of allowing balanced operation of the internal energy market and an improvement in the Community’s competitiveness;4. Whereas efforts must be made, in the planning, development and construction of the links currently missing from the trans-European networks for the transport of energy products, to ensure that these links are as short as possible and optimally sited, taking economic and environmental factors into account;5. Whereas, in order to contribute towards attaining the said objectives, the development of interconnections of electricity and natural gas transmission networks in the Community must be accelerated, particularly in the regions where improvements to the networks are necessary or in regions which are still isolated, and with the third countries in Europe and in the Mediterranean region;6. Whereas, in order to complete the internal market in energy, measures must be incorporated in an overall energy strategy which not only specifies the main criteria and objectives of the Community in this field but also defines more particularly the conditions for liberalizing the market in energy products;7. Whereas the interconnection of electricity and gas networks with third countries which are signatories to the Energy Charter Treaty (5) must be carried out in accordance with that Treaty;8. Whereas action by the Community to establish guidelines on trans-European energy networks is necessary, subject to the principle of subsidiarity;9. Whereas, in order to develop these networks on a Community-wide scale, it is necessary to identify projects of common interest and to create a more favourable context for the completion and interoperability of these networks;10. Whereas projects of common interest must meet the said objectives and form part of the said priorities; whereas only those projects should be considered which display potential economic viability, taking into account economic, social and technical factors; whereas, in this context, the concept of viability includes not only the financial profitability of the projects but also other considerations such as the reliability and security of energy supplies, the strengthening of economic and social cohesion and protection of the environment in the Community;11. Whereas private capital is used and will continue to be used in a majority of projects in the energy sector; whereas this means that the identification of projects of common interest will have to take particular account of the need to avoid distortions of competition;12. Whereas the guidelines identifying projects of common interest for the purposes of Article 129c (1), first indent, of the Treaty shall be adopted in accordance with Article 129d, first and second paragraphs;13. Whereas the projects of common interest should be identified by means of a sufficiently precise description; whereas a list of these projects and the description thereof as it appears in the Annex are therefore the most appropriate way of identifying them for the purposes of Article 129c of the Treaty;14. Whereas the procedure laid down in Article 129d, first and second paragraphs, of the Treaty is also applicable where the list of projects is to be extended or reduced;15. Whereas the Commission shall be responsible for laying down the specifications of the projects, which shall not affect their trans-European dimension;16. Whereas the Commission shall be responsible for updating projects without that process being allowed to affect the identity of a project in its trans-European dimension.17. Whereas the Commission shall be assisted by a committee;18. Whereas a modus vivendi was concluded on 20 December 1994 (6) between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty,HAVE ADOPTED THIS DECISION:
This Decision defines the nature and scope of Community action to establish guidelines for trans-European energy networks. It establishes a series of guidelines covering the objectives, priorities and broad lines of measures by the Community in respect of trans-European energy networks. These guidelines identify projects of common interest among trans-European electricity and natural gas networks.
This Decision applies:
1. in electricity networks, to:
– all high-voltage lines, excluding those of distribution networks, and submarine links, provided this infrastructure is used for inter-regional or international transmission,
– any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems;
2. in natural gas networks, to:
– high-pressure gas pipelines, excluding those of distribution networks, making it possible to supply regions of the Community from internal or external sources,
– underground storage facilities connected to the above-mentioned high-pressure gas pipelines,
– reception, storage and regasification facilities for liquefied natural gas (LNG) and also gas carriers according to the capacities to be supplied,
– any equipment or installations essential for the system in question to operate properly, including protection, monitoring and control systems.
The Community shall promote the interconnection, interoperability and development of trans-European energy networks and access to such networks in accordance with current Community law, with the aim of:
– allowing effective operation of the internal market in general and of the internal energy market in particular, while encouraging the rational production, distribution and utilization of energy resources and the development of renewable energy resources, so as to reduce the cost of energy to the consumer and render the European economy more competitive,
– facilitating the development and reducing the isolation of the less-favoured regions of the Community, thereby helping to strengthen economic and social cohesion,
– reinforcing the security of energy supplies, for example by strengthening relations with third countries in the energy sector in their mutual interest, in particular in the framework of the Energy Charter Treaty and cooperation agreements concluded by the Community.
The priorities for action by the Community on trans-European energy networks shall be as follows:
1. for electricity networks:
– the connection of isolated electricity networks to the interconnected European networks (a),
– the development of interconnections between Member States (b) and of internal connections insofar as necessary in order to make the best use of these interconnections (c),
– the development of interconnections with third countries in Europe and the Mediterranean region which contribute to improving the reliability and security of the Community’s electricity networks or to supplying the Community with electricity (d);
2. for natural gas networks:
– the introduction of natural gas into new regions (e),
– the connection of isolated gas networks to the interconnected European networks, including the improvements needed to the existing networks for this purpose and the connection of the separate natural gas networks (f),
– increasing the transmission (gas delivery pipelines) (h), reception (LNG) and storage (g) capacities needed to satisfy demand, and diversification of supply sources and routes for natural gas.
Lines of action
The broad lines of action by the Community on trans-European energy networks shall be:
– the identification of projects of common interest,
– the creation of a more favourable context for development of these networks, in accordance with the third paragraph of Article 129d of the Treaty.
1. Any energy network project which satisfies all the following criteria may be of common interest:
– it falls within the scope of Article 2,
– it corresponds to the objectives and priorities set out in Articles 3 and 4 respectively,
– it displays potential economic viability.
2. An indicative list of projects of common interest is given in the Annex.
3. Any modification which changes the description of a project as it appears in the Annex shall be decided upon in accordance with the procedure laid down in Article 189b of the Treaty.
4. Project specifications shall not appear in the Annex. They shall be adopted in accordance with the procedure laid down in Article 9.
Any application, by a Member State or the Commission, for updating the specifications of a project shall be submitted by the Commission and decided upon in accordance with the procedure laid down in Article 9.
5. The criteria set out in paragraph 1 shall apply when a decision is taken on modifications, specifications or applications for updating.
Projects of common interest which relate to the territory of a Member State shall require the approval of the Member State concerned.
6. Member States shall take any measures they consider necessary to facilitate and speed up the completion of projects of common interest and to minimize delays while complying with Community law and international conventions on the environment. In particular, the necessary authorization procedures shall be completed rapidly.
7. Where parts of projects of common interest are situated within the territory of third countries, the Commission may, by agreement with the Member States concerned, put forward proposals, where appropriate within the framework of the management of the agreements between the Community and those third countries and in accordance with the Energy Charter Treaty in respect of third countries which are signatories to that Treaty, for the projects also to be recognized as of reciprocal interest by the third countries concerned, in order to facilitate their implementation.
8. The evaluation of the economic viability referred to in the third indent of paragraph 1 shall be based upon a cost-benefit analysis which shall take account of all costs and benefits, including those in the medium and/or long term, in connection with environmental aspects, security of supply and the contribution to economic and social cohesion.
When projects are considered, an effort shall be made to take into account the effects on competition and the prospects of private financing or financing by the economic operators concerned.
This Decision shall be without prejudice to any financial commitment by a Member State or the Community.
Committee procedure
1. The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
Every two years the Commission shall draw up a report on the implementation of this Decision, which it shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Decision is addressed to the Member States.
Done at Brussels, 5 June 1996.
For the European Parliament
The President
For The Council
(1) OJ No C 72, 10. 3. 1994, p. 10 and OJ No C 205, 10. 8. 1995, p. 6.
(2) OJ No C 195, 18. 7. 1994, p. 33.
(3) OJ No C 217, 6. 8. 1994, p. 26.
(4) Opinion of the European Parliament of 18 May 1995, (OJ No C 151, 19. 6. 1995, p. 228), common position of the Council of 29 June 1995 (OJ No C 216, 21. 8. 1995, p. 31) and Decision of the European Parliament of 26 October 1995 (OJ No C 308, 20. 11. 1995, p. 113). Decision of the Council of 7 May 1996 and Decision of the European Parliament of 21 May 1996 (not yet published in the Official Journal).
(5) OJ No L 380, 31. 12. 1994, p. 24.
(6) OJ No C 102, 4. 4. 1996, p. 1.
TRANS-EUROPEAN ENERGY NETWORKS

Pending: 31996D0659

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by Directive 96/43/EC (2), and in particular Article 18 (1) thereof,Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (3), as last amended by Directive 96/43/EC and in particular Article 19 (1) thereof,Whereas the presence of Crimean Congo haemorrhagic fever has been confirmed in South Africa;Whereas the appearance of Crimean Congo haemorrhagic fever in South Africa constitutes a serious threat to animal and public health in the Member States;Whereas it is therefore necessary to prohibit the importation of live ratites, and meat of ratites from South Africa until the situation is clarified;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
The Member States shall prohibit the importation of live ratites and ratite meat from South Africa.

Article 2
Member States shall amend the measures they apply in respect of South Africa to bring them into line with this Decision. They shall inform the Commission thereof.

Article 3
This Decision shall be reviewed before 15 February 1997.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 22 November 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 56.
(2) OJ No L 162, 1. 7. 1996, p. 1.
(3) OJ No L 373, 31. 12. 1990, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), as last amended by Directive 96/43/EC (2), and in particular Article 18 (1) thereof,Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries (3), as last amended by Directive 96/43/EC and in particular Article 19 (1) thereof,Whereas the presence of Crimean Congo haemorrhagic fever has been confirmed in South Africa;Whereas the appearance of Crimean Congo haemorrhagic fever in South Africa constitutes a serious threat to animal and public health in the Member States;Whereas it is therefore necessary to prohibit the importation of live ratites, and meat of ratites from South Africa until the situation is clarified;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The Member States shall prohibit the importation of live ratites and ratite meat from South Africa.
Member States shall amend the measures they apply in respect of South Africa to bring them into line with this Decision. They shall inform the Commission thereof.
This Decision shall be reviewed before 15 February 1997.
This Decision is addressed to the Member States.
Done at Brussels, 22 November 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 56.
(2) OJ No L 162, 1. 7. 1996, p. 1.
(3) OJ No L 373, 31. 12. 1990, p. 1.

Pending: 31996D0587

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (1), and in particular Article 4 (5) thereof,Whereas Member States have notified organizations recognized by them pursuant to Article 4 (1) of Directive 94/57/EC,HAS ADOPTED THIS DECISION:

Article 1
The organizations recognized by Member States pursuant to Article 4 (1) of Council Directive 94/57/EC are those listed in the Annex to this Decision.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 30 September 1996.
For the Commission
Neil KINNOCK
Member of the Commission
(1) OJ No L 319, 12. 12. 1994, p. 20.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (1), and in particular Article 4 (5) thereof,Whereas Member States have notified organizations recognized by them pursuant to Article 4 (1) of Directive 94/57/EC,HAS ADOPTED THIS DECISION:
The organizations recognized by Member States pursuant to Article 4 (1) of Council Directive 94/57/EC are those listed in the Annex to this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 30 September 1996.
For the Commission
Neil KINNOCK
Member of the Commission
(1) OJ No L 319, 12. 12. 1994, p. 20.
American Bureau of Shipping (ABS)
Bureau Veritas (BV)
China classification Society (CCS)
Det Norske Veritas (DNV)
Germanischer Lloyd (GL)
Hellenic Register of Shipping (HR)
Korean Register of Shipping (KR)
Lloyd’s Register of Shipping (LR)
Nippon Kaiji Kyokai (NK)
Registro italiano navale (RINA)

Pending: 31996D0233

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of acquaculture animals and products (1), as last amended by Directive 95/22/EC (2), and in particular Article 6 thereof,Whereas the Member States may obtain, for fish farms situated in zones which are not approved with regard to infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS), the status of approved farm free of these diseases;Whereas, by Commission Decision 94/864/EC (3) and 95/336/EC (4), Denmark has already obtained approval for a number of fish farms as being free of infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS);Whereas, by letter of 18 October 1995, Denmark submitted to the Commission the justifications for obtaining the status of approved farm in respect of VHS for one fish farm in a non-approved zone, as well as the national rules ensuring compliance with the rules on maintenance of approval;Whereas the Commission and the Member States examined the justifications notified by Denmark for the farm in question;Whereas the result of this examination is that the farm in question meets all the requirements of Article 6 of Council Directive 91/67/EEC;Whereas it is necessary to consolidate the Decisions taken previously concerning the approval of fish farms in Denmark;Whereas Denmark is already recognized as an approved zone in respect of IHN;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
The fish farms listed in the Annex are recognized as approved farms with regard to IHN and VHS, situated in a zone not approved with regard to VHS.

Article 2
Decision 95/336/EC is herewith repealed.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 14 March 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 46, 19. 2. 1991, p. 1.
(2) OJ No L 243, 11. 10. 1995, p. 1.
(3) OJ No L 352, 31. 12. 1994, p. 74.
(4) OJ No L 195, 18. 8. 1995, p. 26.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of acquaculture animals and products (1), as last amended by Directive 95/22/EC (2), and in particular Article 6 thereof,Whereas the Member States may obtain, for fish farms situated in zones which are not approved with regard to infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS), the status of approved farm free of these diseases;Whereas, by Commission Decision 94/864/EC (3) and 95/336/EC (4), Denmark has already obtained approval for a number of fish farms as being free of infectious haematopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS);Whereas, by letter of 18 October 1995, Denmark submitted to the Commission the justifications for obtaining the status of approved farm in respect of VHS for one fish farm in a non-approved zone, as well as the national rules ensuring compliance with the rules on maintenance of approval;Whereas the Commission and the Member States examined the justifications notified by Denmark for the farm in question;Whereas the result of this examination is that the farm in question meets all the requirements of Article 6 of Council Directive 91/67/EEC;Whereas it is necessary to consolidate the Decisions taken previously concerning the approval of fish farms in Denmark;Whereas Denmark is already recognized as an approved zone in respect of IHN;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The fish farms listed in the Annex are recognized as approved farms with regard to IHN and VHS, situated in a zone not approved with regard to VHS.
Decision 95/336/EC is herewith repealed.
This Decision is addressed to the Member States.
Done at Brussels, 14 March 1996.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 46, 19. 2. 1991, p. 1.
(2) OJ No L 243, 11. 10. 1995, p. 1.
(3) OJ No L 352, 31. 12. 1994, p. 74.
(4) OJ No L 195, 18. 8. 1995, p. 26.
Fish farms in Denmark approved with regard to IHN and VHS
1. Værum Mølle Dambrug
DK-8900 Randers
2. Trehøje Klækkeri
DK-8766 Nr. Snede
3. Hallesøhus Dambrug
DK-8766 Nr. Snede
4. Løvet Dambrug
DK-8654 Bryrup
5. Hallesø Dambrug
DK-8766 Nr. Snede
6. Sillerupvæld Dambrug
DK-7470 Karup
7. Skade Dambrug
DK-8765 Klovborg
8. Vork Dambrug
DK-6040 Egtved
9. Egebæk Dambrug
DK-6880 Tarm
10. Søstremosegård
DK-4400 Kalundborg

Pending: 31995D0538

THE COMMISSION OF THE EUROPEAN COMMUNITIES,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 the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas a group of Commission experts has conducted an inspection visit to Japan to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of Japanese legislation on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas the ‘Ministry of Health and Welfare – Veterinary Sanitary Division (MHW-VSD)`, the competent authority in Japan, is capable of effectively verifying 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 minimum requirements regarding the language(s) in which it must be drafted and the grade of the person empowered to sign it;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 number of the establishment of origin;Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments must be drawn up; whereas that list must be drawn up on the basis of a communication from the MHW-VSD to the Commission; whereas it is therefore for the MHW-VSD to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;Whereas the MHW-VSD has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:

Article 1
The Ministry of Health and Welfare – Veterinary Sanitary Division (MHW-VSD) is recognized as the competent authority in Japan for verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.

Article 2
Fishery and aquaculture products originating in Japan 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 set out in Annex A hereto;
2. the products must come from approved establishments 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 ‘Japan` and the approval number of the establishment of origin in indelible letters.

Article 3
1. The certificate referred to in point 1 of Article 2 must be drawn up in at least one official language of the Member States where the checks are carried out.
2. The certificate must bear the name, capacity and signature of the representative of the Ministry of Health and Welfare – Veterinary Sanitary Division MHW-VSD and the latter’s official stamp in a colour different from that of the other indications on the certificate.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 6 December 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,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 the Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas a group of Commission experts has conducted an inspection visit to Japan to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of Japanese legislation on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas the ‘Ministry of Health and Welfare – Veterinary Sanitary Division (MHW-VSD)`, the competent authority in Japan, is capable of effectively verifying 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 minimum requirements regarding the language(s) in which it must be drafted and the grade of the person empowered to sign it;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 number of the establishment of origin;Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments must be drawn up; whereas that list must be drawn up on the basis of a communication from the MHW-VSD to the Commission; whereas it is therefore for the MHW-VSD to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;Whereas the MHW-VSD has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The Ministry of Health and Welfare – Veterinary Sanitary Division (MHW-VSD) is recognized as the competent authority in Japan for verifying and certifying compliance of fishery products with the requirements of Directive 91/493/EEC.
Fishery and aquaculture products originating in Japan 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 set out in Annex A hereto;
2. the products must come from approved establishments 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 ‘Japan` and the approval number of the establishment of origin in indelible letters.
1. The certificate referred to in point 1 of Article 2 must be drawn up in at least one official language of the Member States where the checks are carried out.
2. The certificate must bear the name, capacity and signature of the representative of the Ministry of Health and Welfare – Veterinary Sanitary Division MHW-VSD and the latter’s official stamp in a colour different from that of the other indications on the certificate.
This Decision is addressed to the Member States.
Done at Brussels, 6 December 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
HEALTH CERTIFICATE for fishery or aquaculture products originating in Japan and intended for export to the European Community with the exception of bivalve molluscs, echinoderms, tunicates and marine gastropods in any form
>START OF GRAPHIC>
Reference No: . . . . . . .
Country of dispatch: JAPAN
Competent authority: Ministry of Health and Welfare – Veterinary Division (MHW-VSD)
I. Details identifying the products
Description of fishery or aquaculture products (1):
– species (scientific name):
– presentation of products (2) and type of treatment:
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) approved by the MHW-VSD for exports to the European Community:
III. Destination of products
The fishery or aquaculture products (1) are dispatched
(place of dispatch)
(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 inapplicable.
(2) Live, refrigerated, frozen, salted, smoked, preserved, etc.
IV. Health attestation
The official inspector hereby certifies that the fishery and 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 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.
Official seal (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.
>END OF GRAPHIC>
LIST OF ESTABLISHMENTS

Pending: 31995D0453

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 (3) (b) thereof, Whereas legislation of the Republic of Korea makes the ‘Ministry of Agriculture, Forestry and Fisheries – National Fisheries Administration – National Fishery Products Inspection Station (NFPIS)` responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and marine gastropods and for monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers NFPIS to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones; Whereas the NFPIS and its laboratories are capable of effectively verifying the application of the laws in force in the Republic of Korea; Whereas the competent authorities of the Republic of Korea have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvest zones; Whereas the competent authorities of the Republic of Korea have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of production and relaying zones, approval of dispatch and purification centres and public health control and production monitoring; whereas in particular any possible change in harvesting zones is to be communicated to the Community; Whereas the Republic of Korea is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC; Whereas the Republic of Korea wishes to export to the Community frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods; Whereas, for this purpose, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community must be designated; Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2), as last amended by the Act of Accession of Austria, Finland and Sweden; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
The ‘Ministry of Agriculture, Forestry and Fisheries – National Fisheries Administration – National Fishery Products Inspection Station (NFPIS)` shall be the competent authority in the Republic of Korea for verifying and certifying that live bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.

Article 2
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Republic of Korea and intended for human consumption must originate in the authorized production areas listed in the Annex hereto.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 23 October 1995.
For the Commission Franz FISCHLER Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and placing on the market of live bivalve molluscs (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 9 (3) (b) thereof, Whereas legislation of the Republic of Korea makes the ‘Ministry of Agriculture, Forestry and Fisheries – National Fisheries Administration – National Fishery Products Inspection Station (NFPIS)` responsible for inspecting the health of live bivalve molluscs, echinoderms, tunicates and marine gastropods and for monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers NFPIS to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones; Whereas the NFPIS and its laboratories are capable of effectively verifying the application of the laws in force in the Republic of Korea; Whereas the competent authorities of the Republic of Korea have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvest zones; Whereas the competent authorities of the Republic of Korea have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of production and relaying zones, approval of dispatch and purification centres and public health control and production monitoring; whereas in particular any possible change in harvesting zones is to be communicated to the Community; Whereas the Republic of Korea is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9 (3) (a) of Directive 91/492/EEC; Whereas the Republic of Korea wishes to export to the Community frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods; Whereas, for this purpose, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community must be designated; Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (2), as last amended by the Act of Accession of Austria, Finland and Sweden; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
The ‘Ministry of Agriculture, Forestry and Fisheries – National Fisheries Administration – National Fishery Products Inspection Station (NFPIS)` shall be the competent authority in the Republic of Korea for verifying and certifying that live bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Republic of Korea and intended for human consumption must originate in the authorized production areas listed in the Annex hereto.
This Decision is addressed to the Member States.
Done at Brussels, 23 October 1995.
For the Commission Franz FISCHLER Member of the Commission
PRODUCTION ZONES IN COMPLIANCE WITH THE PROVISIONS LAID DOWN IN ANNEX I, 1 (a) TO DIRECTIVE 91/492/EEC

Pending: 31995D0343

Having regard to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (1), as last amended by the Act of Accession of Austria, Finland and Sweden and in particular Article 23 (2) (b) thereof, Whereas Commission Decision 95/340/EC (2) establishes a provisional list of third countries from which Member States authorize imports of raw milk, heat-treated milk and milk-based products; Whereas the conditions applicable to the importation from third countries of raw milk, heat-treated milk and milk-based products intended for human consumption must be at least equivalent to those laid down in Chapter II of Directive 92/46/EEC for Community production; Whereas Commission Decision 95/342/EC (3) specifies the types of treatment which are to be applied to milk and milk-based products for human consumption from third countries or parts of third countries in which there is a threat of foot-and-mouth disease; Whereas the specimen certificate referred to in Article 23 of Directive 92/46/EEC must contain a description of the milk or milk-based product covered by the certificate, relevant references to Chapter II of Directive 92/46/EEC, a choice of language or languages in which the certificate is drawn up and a choice of rank or title of the signatory; Whereas provision should be made first for a specimen certificate for raw milk intended to be accepted at a collection centre, standardization centre, treatment establishment or processing establishment, for a specimen certificate for heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is no threat of foot-and-mouth disease, for a specimen certificate for heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is a threat of foot-and-mouth disease, and for a specimen certificate for raw milk products for human consumption; whereas, in view of the different nature of these products, provision should be made for different specimen health certificates; Whereas provision will be made later for a specimen health certificate for raw milk intended for direct human consumption; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning raw milk from third countries intended to be accepted at a collection centre, standardization centre, treatment establishment or processing establishment and then to be used for human consumption shall be as shown in Annex A to this Decision.
This certificate may be used only by the third countries or parts of third countries listed in column A of the Annex to Decision 95/340/EC.

Article 2
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is no threat of foot-and-mouth disease shall be as shown in Annex B to this Decision.
This certificate may be used only by the third countries or parts of third countries listed in column B of the Annex to Decision 95/340/EC.

Article 3
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is a threat of foot-and-mouth disease shall be as shown in Annex C to this Decision.
This certificate may be used by the third countries or parts of third countries listed in column C of the Annex to Decision 95/340/EC.

Article 4
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning raw milk products from third countries intended for human consumption shall be as shown in Annex D to this Decision.
This certificate may be used only by the third countries or parts of third countries listed in column A of the Annex to Decision 95/340/EC.

Article 5
In order to ensure that the controls laid down in Article 4 (1) third indent of Council Directive 90/675/EEC (1) can be performed, the products detailed in Articles 2, 3 and 4 must carry the following information, in at least one of the official languages of the country of destination:
– the name of the exporting country,
– the approval number of the establishment,
– for products manufactured from raw milk and for which the method of manufacture did not include any heat treatment, the words ‘from raw milk’,
– for milk-based products in which there may be microbial development, the use-by date or durability limit.

Article 6
The health certificates referred to in Articles 1, 2, 3 and 4 shall be original numbered certificates consisting of a single sheet, duly completed, dated and signed by the representative of the competent authority responsible for verifying and certifying that the raw milk, heat-treated milk or milk-based products meet the requirements of Directive 92/46/EEC.

Article 7
1. The certificates referred to in Articles 1, 2, 3 and 4 shall be drawn up in at least one official language of the Member State in which the check is carried out.
2. The certificate shall bear the name, rank or title and signature of the representative of the competent authority together with the official stamp of the competent authority in a colour different from that of the other particulars shown on the certificate.

Article 8
This Decision shall apply from 2 February 1996.

Article 9
This Decision is addressed to the Member States.
Done at Brussels, 27 July 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 14. 9. 1992, p. 1.
(2) See page 38 of this Official Journal.
(3) See page 50 of this Official Journal.
(1) OJ No L 373, 31. 12. 1990, p. 1.

Having regard to Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (1), as last amended by the Act of Accession of Austria, Finland and Sweden and in particular Article 23 (2) (b) thereof, Whereas Commission Decision 95/340/EC (2) establishes a provisional list of third countries from which Member States authorize imports of raw milk, heat-treated milk and milk-based products; Whereas the conditions applicable to the importation from third countries of raw milk, heat-treated milk and milk-based products intended for human consumption must be at least equivalent to those laid down in Chapter II of Directive 92/46/EEC for Community production; Whereas Commission Decision 95/342/EC (3) specifies the types of treatment which are to be applied to milk and milk-based products for human consumption from third countries or parts of third countries in which there is a threat of foot-and-mouth disease; Whereas the specimen certificate referred to in Article 23 of Directive 92/46/EEC must contain a description of the milk or milk-based product covered by the certificate, relevant references to Chapter II of Directive 92/46/EEC, a choice of language or languages in which the certificate is drawn up and a choice of rank or title of the signatory; Whereas provision should be made first for a specimen certificate for raw milk intended to be accepted at a collection centre, standardization centre, treatment establishment or processing establishment, for a specimen certificate for heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is no threat of foot-and-mouth disease, for a specimen certificate for heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is a threat of foot-and-mouth disease, and for a specimen certificate for raw milk products for human consumption; whereas, in view of the different nature of these products, provision should be made for different specimen health certificates; Whereas provision will be made later for a specimen health certificate for raw milk intended for direct human consumption; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning raw milk from third countries intended to be accepted at a collection centre, standardization centre, treatment establishment or processing establishment and then to be used for human consumption shall be as shown in Annex A to this Decision.
This certificate may be used only by the third countries or parts of third countries listed in column A of the Annex to Decision 95/340/EC.
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is no threat of foot-and-mouth disease shall be as shown in Annex B to this Decision.
This certificate may be used only by the third countries or parts of third countries listed in column B of the Annex to Decision 95/340/EC.
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries in which there is a threat of foot-and-mouth disease shall be as shown in Annex C to this Decision.
This certificate may be used by the third countries or parts of third countries listed in column C of the Annex to Decision 95/340/EC.
The specimen certificate provided for in Article 23 (2) (b) of Directive 92/46/EEC concerning raw milk products from third countries intended for human consumption shall be as shown in Annex D to this Decision.
This certificate may be used only by the third countries or parts of third countries listed in column A of the Annex to Decision 95/340/EC.
In order to ensure that the controls laid down in Article 4 (1) third indent of Council Directive 90/675/EEC (1) can be performed, the products detailed in Articles 2, 3 and 4 must carry the following information, in at least one of the official languages of the country of destination:
– the name of the exporting country,
– the approval number of the establishment,
– for products manufactured from raw milk and for which the method of manufacture did not include any heat treatment, the words ‘from raw milk’,
– for milk-based products in which there may be microbial development, the use-by date or durability limit.
The health certificates referred to in Articles 1, 2, 3 and 4 shall be original numbered certificates consisting of a single sheet, duly completed, dated and signed by the representative of the competent authority responsible for verifying and certifying that the raw milk, heat-treated milk or milk-based products meet the requirements of Directive 92/46/EEC.
1. The certificates referred to in Articles 1, 2, 3 and 4 shall be drawn up in at least one official language of the Member State in which the check is carried out.
2. The certificate shall bear the name, rank or title and signature of the representative of the competent authority together with the official stamp of the competent authority in a colour different from that of the other particulars shown on the certificate.
This Decision shall apply from 2 February 1996.
This Decision is addressed to the Member States.
Done at Brussels, 27 July 1995.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ No L 268, 14. 9. 1992, p. 1.
(2) See page 38 of this Official Journal.
(3) See page 50 of this Official Journal.
(1) OJ No L 373, 31. 12. 1990, p. 1.
HEALTH CERTIFICATE for raw milk from third countries intended to be accepted at a collection centre, standardization centre, treatment establishment or processing establishment in the European Community and then to be used for human consumption
>START OF GRAPHIC>
Reference number: .
Country (and region, where applicable) (1) of dispatch: .
Ministry: .
Department responsible for certification: .
I. Identification of products
– Raw milk from: .
(Animal species)
– Code number (as appropriate): .
– Packaging: .
– Number of packaging units: .
– Net weight: .
II. Origin of products
Name and official approval or registration number of production holding(s)/collection centre/standardization centre/(2) approved for exportation to the Community.
III. Destination of products:
The raw milk is to be sent
(Place of dispatch)
(Country and place of destination)
by the following means of transport (3): .
Seal number: .
Name and address of consignor: .
Name and address of consignee: .
(1) To be specified if the authorization to import into the Community is restricted to certain regions of the third country concerned.
(2) Delete as appropriate.
(3) Give the registration number, flight number or name of the means of goods transport. For bulk containers, include the container number.
IV. Health attestation
The official veterinarian hereby certifies that the raw milk described above has been obtained from animals, under the control of the official veterinary service:
– which were in a country or region that has been free of foot-and-mouth disease and of rinderpest for at least 12 months, and where vaccination against foot-and-mouth disease has not been carried out for at least 12 months,
– belonging to holdings which were not under restrictions due to foot-and-mouth disease or rinderpest,
– satisfying the animal health conditions laid down in Annex A, Chapter I of Directive 92/46/EEC.
The undersigned official veterinarian declares that he is familiar with the animal health requirements of Directive 92/46/EEC.
Done at . ,on .
(Place)(Date)
(Signature of official veterinarian (4))
(Name in capital letters, rank and title of the signatory)
XTB:STAMPEN400
V. Public health attestation
– The official inspector hereby certifies that the raw milk described above:
– does not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, contain residues of anti-microbial substances in excess of the limits laid down in Annexes I and III to Council Regulation (EEC) No 2377/90, as amended
– does not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, contain pesticide residues in excess of the maximum levels laid down in Annex II to Council Directive 86/363/EEC, as amended
– does not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, contain contaminants in excess of the maximum tolerances laid down in the Community list provided for in Article 2 (3) of Council Regulation (EEC) No 315/93
– comes from registered and checked holdings meeting the conditions of hygiene laid down in Chapter II of Annex A to Directive 92/46/EEC
– was obtained, collected, cooled, stored and transported in accordance with the specific hygiene conditions laid down in Chapter III of Annex A to Directive 92/46/EEC
– was transported, where applicable, in tanks as described in Article 16 (2) of Directive 92/46/EEC
– meets the plate and somatic cell count standards laid down in Chapter IV of Annex A to Directive 92/46/EEC
– was collected and standardized, where necessary, in accordance with the hygiene conditions laid down in Chapters I, III and IV of Annex B to Directive 92/46/EEC.
– The official inspector whose signature is affixed below hereby declares that he is aware of the provisions contained in Directive 92/46/EEC, Annexes I and III to Regulation (EEC) No 2377/90, Annex II to Directive 86/363/EEC and Regulation (EEC) No 315/93.
Done at . ,on .
(Place)(Date)
HEALTH CERTIFICATE for heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk-based products intended for human consumption from third countries or parts of third countries included in column B of the Annex to Commission Decision 95/340/EC
>START OF GRAPHIC>
Reference number: .
Country (and region, where applicable) (1) of dispatch: .
Ministry: .
Department responsible for certification: .
I. Identification of products
– Milk from: .
(Animal species)
– Description of heat-treated milk-based product made from heat-treated milk/heat-treated milk-based product (2): .
– Code number (as appropriate): .
– Type of packaging: .
– Number of packaging units: .
– Net weight: .
II. Origin of products
Name(s) and official approval number(s) of treatment and/or processing establishment(s) approved for export to the Community
III. Destination of products
The heat-treated milk/milk-based product made from heat-treated milk/heat-treated milk-based product (1) is to be sent from: .
(Place of dispatch)
(Country and place of destination)
by the following means of transport (3): .
Seal number: .
Name and address of consignor: .
Name and address of consignee: .
(1) To be specified if the authorization to import into the Community is restricted to certain regions of the third country concerned.
(2) Delete as appropriate.
(3) Give the registration number, flight number or name of the means of goods transport. For bulk containers, include the container number.
IV. Health attestation
– The official veterinarian hereby certifies that the heat-treated milk/milk-based product made from heat-treated milk/heat-treated milk-based product (4) described above has been obtained from animals, under the control of the official veterinary service:
– which were in a country or region that has been free of foot-and-mouth disease and of rinderpest for at least 12 months, and where vaccination against foot-and-mouth disease has not been carried out for at least 12 months
– belonging to holdings which were not under restrictions due to foot-and-mouth disease or rinderpest
– satisfying the animal health conditions laid down in Annex A, Chapter I of Council Directive 92/46/EEC, with the exception of those in paragraph 1 (a) (i) and b (i).
– The undersigned official veterinarian declares that he is familiar with the animal health requirements of Directive 92/46/EEC.
Done at . ,on .
(Place) (Date)
(Signature of official veterinarian (5))
(Name in capital letters, rank and title of the signatory)
XTB:STAMPEN500
V. Public health attestation
– The official inspector hereby certifies that the heat-treated milk/milk-based product made from heat-treated milk/heat-treated milk-based product described above:
1. was manufactured from raw milk:
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing residues of anti-microbial substances in excess of the limits laid down in Annexes I and III to Regulation (EEC) No 2377/90, as amended
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing pesticide residues in excess of the maximum levels laid down in Annex II to Directive 86/363/EEC, as amended
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing contaminants in excess of the maximum tolerances laid down in the Community list provided for in Article 2 (3) of Regulation (EEC) No 315/93
– which comes from registered and checked holdings meeting the hygiene conditions laid down in Chapter II of Annex A to Directive 92/46/EEC
– which was obtained, collected, cooled, stored and transported in accordance with the specific hygiene conditions laid down in Chapter III of Annex A to Directive 92/46/EEC
– which meets the plate and somatic cell count standards laid down in Chapter IV of Annex A to Directive 92/46/EEC
– which was collected and standardized, where necessary, in accordance with the hygiene conditions laid down in Chapters I, III and IV of Annex B to Direcitve 92/46/EEC
(4) Delete as appropriate.
(5) The signature and seal must be in a different colour to that of the printing of the certificate.
HEALTH CERTIFICATE for heat-treated milk, milk-based products made from heat-treated milk or heat-treated milk based products intended for human consumption from third countries or parts of third countries included in column C of the Annex to Commission Decision 95/340/EC
>START OF GRAPHIC>
Reference number: .
Country (and region, where applicable) (1) of dispatch: .
Ministry: .
Department responsible for certification: .
I. Identification of products
– Milk from: .
(Animal species)
– Description of heat-treated milk/milk-based product made from heat-treated milk / heat-treated milk-based product (2) .
– Code number (as appropriate): .
– Type of packaging: .
– Number of packaging units: .
– Net weight: .
II. Origin of products
Name(s) and official approval number(s) of treatment and/or processing establishment(s) approved for export to the Community
III. Destination of products
The heat-treated milk/milk-based product from heat-treated milk/heat-treated milk-based product (2) is to be sent from: .
(Place of dispatch)
(Country and place of destination)
by the following means of transport (3): .
Seal number: .
Name and address of consignor: .
Name and address of consignee: .
(1) To be specified if the authorization to import into the Community is restricted to certain regions of the third country concerned.
(2) Delete as appropriate.
(3) Give the registration number, flight number or name of the means of goods transport. For bulk containers, include the container number.
IV. Animal health attestation
– The official veterinarian hereby certifies that the heat treated milk/milk-based product made from heat-treated milk/heat-treated milk-based product (4) described above has been obtained from animals, under the control of the official veterinary service:
– belonging to holdings which were not under restrictions due to foot-and-mouth disease or rinderpest
– satisfying the animal health conditions laid down in Annex A, Chapter I of Council Directive 92/46/EEC, with the exception of those in paragraph 1 (a) (i) and b (i).
– The undersigned official veterinarian declares that he is familiar with the animal health requirements of Directive 92/46/EEC.
Dones at . ,on .
(Place) (Date)
(Signature of official veterinarian) (5)
(Name in capital letters, rank and title of the signatory)
XTB:STAMPEN500
V. Public health attestation
– The official inspector hereby certifies that the heat-treated milk/milk-based product made from heat-treated milk/heat-treated milk-based product (4) described above:
1. was manufactured from raw milk:
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing residues of anti-microbial substances in excess of the limits laid down in Annexes I and III to Regulation (EEC) No 2377/90, as amended
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing pesticide residues in excess of the maximum levels laid down in Annex II to Directive 86/363/EEC, as amended
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing contaminants in excess of the maximum tolerances laid down in the Community list provided for in Article 2 (3) of Regulation (EEC) No 315/93
– which comes from registered and checked holdings meeting the hygiene conditions laid down in Chapter II of Annex A to Directive 92/46/EEC
– which was obtained, collected, cooled, stored and transported in accordance with the specific hygiene conditions laid down in Chapter III of Annex A to Directive 92/46/EEC
– which meets the plate and somatic cell count standards laid down in Chapter IV of Annex A to Directive 92/46/EEC
– which was collected and standardized, where necessary, in accordance with the hygiene conditions laid down in Chapters I, III and IV of Annex B to Direcitve 92/46/EEC
(4) Delete as appropriate.
(5) The signature and the seal must be in a different colour to that of the printing of the certificate.
2. comes from a treatment establishment and/or processing establishment offering equivalent guarantees to those laid down in Chapter II of Directive 92/46/EEC shown on the list of establishments authorized to export to the European Community and which is subject to supervision by the competent authority in accordance with the provisions of Chapter VI of Annex C to Directive 92/46/EEC
HEALTH CERTIFICATE for raw milk products from third countries intended for human consumption
>START OF GRAPHIC>
Reference number: .
Country (and region, where applicable (1)) of dispatch: .
Ministry: .
Department responsible for certification: .
I. Identification of products
– Milk from: .
(Animal species)
– Description of raw milk product: .
– Code number (as appropriate): .
– Type of packaging: .
– Number of packaging units: .
– Net weight: .
II. Origin of products
Name(s) and official approval number(s) of processing establishment(s) approved for export to the Community
III. Destination of products
The raw milk product is to be sent from: .
(Place of dispatch)
(Country and place of destination)
by the following means of transport (2): .
Seal number: .
Name and address of consignor: .
Name and address of consignee: .
(1) To be specified if the authorization to import into the Community is restricted to certain regions of the third country concerned.
(2) Give the registration number, flight number of name of the means of goods transport. For bulk containers, include the container number.
IV. Animal health attestation
– The official veterinarian hereby certifies that the raw milk product described above has been manufactured from raw milk obtained from animals, under the control of the official veterinary service:
– which were in a country or region that has been free of foot-and-mouth disease and of rinderpest for at least 12 months, and where vaccination against foot-and-mouth disease has not been carried out for at least 12 months
– belonging to holdings which were not under restrictions due to foot-and-mouth disease or rinderpest
– satisfying the animal health conditions laid down in Annex A, Chapter I of Council Directive 92/46/EEC.
– The undersigned official veterinarian declares that he is familiar with the animal health requirements of Directive 92/46/EEC.
Done at . ,on .
(Place)(Date)
(Signature of official veterinarian) (3)
(Name in capital letters, rank and title of the signatory)
XTB:STAMPEN300
V. Public health attestation
– The official inspector hereby certifies that the raw milk product described above:
1. was manufactured from raw milk:
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing residues of anti-microbial substances in excess of the limits laid down in Annexes I and III to Regulation (EEC) No 2377/90, as amended
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing pesticide residues in excess of the maximum levels laid down in Annex II to Directive 86/363/EEC, as amended
– not, according to the findings of monitoring plans at least equivalent to those provided for in Directive 92/46/EEC, containing contaminants in excess of the maximum tolerances laid down in the Community list provided for in Article 2 (3) of Regulation (EEC) No 315/93
– which comes from registered and checked holdings meeting the hygiene conditions laid down in Chapter II of Annex A to Directive 92/46/EEC
– which was obtained, collected, cooled, stored and transported in accordance with the specific hygiene conditions laid down in Chapter III of Annex A to Directive 92/46/EEC
– which meets the plate and somatic cell count standards laid down in Directive 92/46/EEC, Annex A, Chapter IV, paragraph A, point 3 as regards cow’s milk, paragraph B, point 2 as regards buffalo milk, and paragraph C, point 2 as regards goat’s and sheep’s milk
– which, where necessary, was collected and standardized in accordance with the hygiene conditions laid down in Chapters I, III and IV of Annex B to Directive 92/46/EEC
2. comes from a processing establishment offering equivalent guarantees to those laid down in Chapter II of Directive 92/46/EEC shown on the list of establishments authorized to export to the European Community and which is subject to supervision by the competent authority in accordance with the provisions of Chapter VI of Annex C to Directive 92/46/EEC
(3) The signature and the stamp must be in a different colour to that of the printing of the certificate.
3. has not undergone any heat treatment during its manufacture from raw milk

Pending: 31995D0196

Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 142 thereof, Having regard to Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the market in certain products listed in Annex II to the Treaty (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular the last paragraph of Article 5 thereof, Whereas Article 142 of the Act of Accession states that the Commission is to authorize Finland and Sweden to grant long-term national aids with a view to ensuring that agricultural activity is maintained in the northern regions; whereas, in accordance with paragraph 2 of that Article, the Commission is to determine those regions; Whereas, in order to facilitate the administration of the scheme provided for, when determining those regions, the municipality (kunta) should be chosen as the relevant administrative unit for such determination in line with practice followed in the application of Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (2), as amended by Directive 80/666/EC (3) and Regulation EEC No 797/85 (4), whereas, however, the rural district (maatalouspiiri) of Mikkeli, South Karelia and area 3 as defined in the Finnish system of aid to agriculture based on holding size, in force before accession and within the limits laid down at 31 December 1993, may also be included among the relevant administrative units; Whereas Article 142 (1) of the Act of Accession stipulates that the regions to be determined should cover agricultural areas situated to the north of the 62nd parallel and some adjacent areas south of that parallel affected by comparable climatic conditions rendering agricultural activity particularly difficult; whereas, when determining those regions, the Commission is to take account in particular of the low population density, the portion of agricultural land in the overall surface area, and the portion of utilized agricultural area given over to arable crops intended for human consumption; Whereas, where Finland is concerned, the abovementioned factors result in the list of administrative units in subregions C1, C2, C2 North, C3 and C4 laid down in this Decision, which are north of the 62nd parallel or adjacent to the latter, are affected by comparable climatic conditions rendering agricultural activity particularly difficult and have a population density lower than or equal to 10 inhabitants per square kilometer, a utilized agricultural areas (UAA) of less than 10 % of the total area of the municipality and a portion of the UAA devoted to arable crops intended for human consumption less than or equal to 20 %; whereas municipalities surounded by others within such areas should be entered on the list, even where they do not satisfy the same requirements; Whereas the northern region thus determined represents 1 417 000 hectares (ha) accounting for 55,5 % of the total UAA of Finland; Whereas, in accordance with Article 142 (3) of the Act of Accession, it is for the Commission to define the reference period in relation to which the development of agricultural production and the level of overall support should be considered; whereas, using the national statistics available as a basis, that reference period should cover 1991, 1992 and 1993 as regards agricultural production, with the exception of cow’s milk and beef and veal, for which 1992 provides the best basis for fixing the milk quota and the reference herd for Finland, and horticulture, for which 1993 is the year covered by the most reliable statistics; whereas however, 1993 (when prices had not yet been affected by accession) should be used for assessing the level of overall support, where the difference in the price level of support existing between Finland and the Community must be taken into account; Whereas production figures and support per product in the abovementioned years should be stated; Whereas on 26 October 1994 Finland presented the aid scheme contemplated to the Commission; whereas it subsequently forwarded additional information and the final version of the aid scheme contemplated on 20 January 1995; whereas the scheme provides for aids applicable to agriculture generally in the regions in question and related to the traditional production model on each holding; whereas it also provides for specific aid payable to the Scolt Lapps, for the reindeer industry and the natural economy of those regions; Whereas the measures provided for may be authorized as they meet the conditions laid down in Article 142 (3) of the Act; whereas those measures take account of the compensatory allowance, the agrienvironmental aid laid down for the northern regions and the aid provided for under the common organizations of the markets (COM) at a level which should be stated for the sake of transparency; whereas they also take account of the transitional aid granted in accordance with Articles 138, 139 and 140 of the Act of Accession; whereas they are not likely to lead to any increase in overall support or, where they are accompanied by the necessary measures, to any increase in production as compared with the reference period referred to above; whereas, as regards the latter point, a reduction in the aid in the following year in proportion to the overrun in production during the reference period provides a suitable instrument; Whereas, with regard to the latter, with the exception of cow’s milk, where any increase in production is controlled by the quota system provided for under the COM, the aid is not granted on the basis of the quantities produced but on the basis of production factors (livestock units (LU) or ha) within regional limits laid down by this Decision; whereas, in the case of heifers for slaughter, which fall outside the milk production network, the aid is also granted by head; Whereas the transport aid provided for in this aid scheme may be authorized under the third subparagraph of Article 142 (3); whereas where authorization is granted for any transport aid under a national regional aid scheme, it should be ensured that compensation is not provided twice under the various aid schemes for the same activity; Whereas those aids meet the objectives set out in the third subparagraph of Article 142 (3) of the Act of Accession since they are intended to maintain traditional methods of primary production and processing particularly suited to the climatic conditions of the regions concerned, to improve the structures for the production, marketing and processing of agricultural products, to facilitate the disposal of the said products and to ensure that the environment is protected and the countryside preserved; Whereas, on that basis, the aid measures in question may be authorized provided, however, they comply with the limits laid down for certain products under the COM; Whereas the aid scheme proposed provides for aid for horticultural products in the northern regions; whereas aid is also granted for the storage of such products, which is considered in such cases a measure to facilitate the disposal of the products in accordance with the third indent of the third subparagraph of Article 142 (3) of the Act; Whereas the Commission must be kept informed of the actual trend in market prices in Finland for the horticultural products covered by this Decision in order to verify compliance with the conditions laid down in Article 142 of the Act; Whereas the aid laid down for the breeding, processing and marketing of reindeer is in acordance with the last paragraph of Article 5 of Regulation (EEC) No 827/68, HAS ADOPTED THIS DECISION: TITLE I DETERMINATION OF REGIONS AND OF REFERENCE PERIOD

Article 1
The northern region of Finland shall comprise the local administrative units and the municipal units (kunta) listed under the relevant subregions in Annex I hereto.

Article 2
1. The reference period provided for in Article 142 (3) of the Act of Accession shall be as follows:
(a) as regards production:
– 1992 for cow’s milk and for cattle,
– 1993 for horticulture,
– the average for 1991, 1992 and 1993 for other products;
(b) as regards the level of overall support, 1993.
2. Production and overall support for those years per product shall be as shown in Annex II.
AUTHORIZED AID

Article 3
1. The aid set out in Annex III shall be authorized from 1 January 1995.
The following shall be as shown in the relevant Annex:
– in Annex III, the amounts granted by subregion, production factor (ha, LU or head) or quantities produced, and the overall amount laid down,
– in Annex IV, the maximum number of hectares or of animals covered by the aid,
– in Annex V, the conversion rates into LU for the various types of livestock.
– shall be authorized taking account of the Community aid as set out in Annex VI and the aid authorized pursuant to Articles 138, 139 and 140 of the Act of Accession,
– with the exception of aid for cow’s milk, may in no case be granted on the basis of the quantity produced.
2. The aid provided for in paragraph 1 shall be limited as follows:
(a) arable land: to the average number of hectares in the region which were sown in the period 1989 to 1991 to arable crops or, as the case may be, left fallow in accordance with a publicly funded compensatory payment scheme pursuant to Council Regulation (EEC) No 1765/92 (1);
(b) sugarbeet: to the quantity of beet covered by contracts between producers in the regions referred to in Article 1 and between sugar-producing undertakings within the (A and B) quotas allocated to the latter pursuant to Article 24 of Council Regulation (EEC) No 1785/81 (2);
(c) cow’s milk: to the reference quantity allocated pursuant to Articles 3 (2) and 4 of Council Regulation (EEC) No 3590/92 (3);
(d) suckler cows: to the individual ceilings allocated to each producer pursuant to Article 4d (1a) of Council Regulation (EEC) No 805/68 (4);
(e) male bovine animals: to 90 head per holding and per age bracket pursuant to Article 4b (1) of Regulation (EEC) No 805/68;
(f) sheep and goats: to the individual limits allocated to producers pursuant to Article 5e of Council Regulation (EEC) No 3013/89 (5).
In addition, as regards the products referred to in (d) and (e), the stocking density provided for in Article 4g of Regulation (EEC) No 805/68 shall be complied with.

Article 4
1. Finland shall:
(a) as part of the information provided pursuant to Article 143 (2) of the Act of Accession, forward to the Commission each year before 1 April and for the first time before 1 April 1996 information on the effects of the aid granted and in particular on the trend in production and in means of production qualifying for the aid and the trend in the economy of the regions concerned;
(b) take all steps necessary to apply this Decision and suitable control measures vis-à-vis recipients;
(c) in the event of an overrun in the quantities laid down in Annex 2, reduce aid granted for the products concerned in the following year in proportion to the overrun in the subregions where the overrun has been recorded. As regards field-scale crop production, that reduction shall only apply if the overrun is more than 10 % on average over two consecutive years;
(d) for 1995, provide the Commission with information every four months on the producer prices recorded on the internal market for fruit and vegetables.
2. If, on the basis of the information provided pursuant to paragraph 1 (d) any increase is noted in overall support as compared with that in the reference period provided for in Article 2, this Decision shall be reviewed.

Article 5
This Decision shall be without prejudice to:
– the rights of the Finnish authorities to lay down, in accordance with the amounts and other factors provided for in this Decision, the conditions for granting aid to the various categories of recipients,
– the rights of the Commission to review this Decision, in particular on the basis of the trend in the value of the national currency, the determination of the Finnish quota for potato starch or the change in the rate of aid authorized following any adjustment to aid authorized pursuant to Articles 138 and 140 of the Act of Accession or to the Community aid shown in Annex VI.
In the latter case, any correction to the authorized aid in the northern regions shall apply only from the year following that in which the adjustment takes effect.

Article 6
This Decision is addressed to the Republic of Finland.
Done at Brussels, 4 May 1995.
For the Commission Franz FISCHLER Member of the Commission

Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 142 thereof, Having regard to Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organization of the market in certain products listed in Annex II to the Treaty (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular the last paragraph of Article 5 thereof, Whereas Article 142 of the Act of Accession states that the Commission is to authorize Finland and Sweden to grant long-term national aids with a view to ensuring that agricultural activity is maintained in the northern regions; whereas, in accordance with paragraph 2 of that Article, the Commission is to determine those regions; Whereas, in order to facilitate the administration of the scheme provided for, when determining those regions, the municipality (kunta) should be chosen as the relevant administrative unit for such determination in line with practice followed in the application of Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (2), as amended by Directive 80/666/EC (3) and Regulation EEC No 797/85 (4), whereas, however, the rural district (maatalouspiiri) of Mikkeli, South Karelia and area 3 as defined in the Finnish system of aid to agriculture based on holding size, in force before accession and within the limits laid down at 31 December 1993, may also be included among the relevant administrative units; Whereas Article 142 (1) of the Act of Accession stipulates that the regions to be determined should cover agricultural areas situated to the north of the 62nd parallel and some adjacent areas south of that parallel affected by comparable climatic conditions rendering agricultural activity particularly difficult; whereas, when determining those regions, the Commission is to take account in particular of the low population density, the portion of agricultural land in the overall surface area, and the portion of utilized agricultural area given over to arable crops intended for human consumption; Whereas, where Finland is concerned, the abovementioned factors result in the list of administrative units in subregions C1, C2, C2 North, C3 and C4 laid down in this Decision, which are north of the 62nd parallel or adjacent to the latter, are affected by comparable climatic conditions rendering agricultural activity particularly difficult and have a population density lower than or equal to 10 inhabitants per square kilometer, a utilized agricultural areas (UAA) of less than 10 % of the total area of the municipality and a portion of the UAA devoted to arable crops intended for human consumption less than or equal to 20 %; whereas municipalities surounded by others within such areas should be entered on the list, even where they do not satisfy the same requirements; Whereas the northern region thus determined represents 1 417 000 hectares (ha) accounting for 55,5 % of the total UAA of Finland; Whereas, in accordance with Article 142 (3) of the Act of Accession, it is for the Commission to define the reference period in relation to which the development of agricultural production and the level of overall support should be considered; whereas, using the national statistics available as a basis, that reference period should cover 1991, 1992 and 1993 as regards agricultural production, with the exception of cow’s milk and beef and veal, for which 1992 provides the best basis for fixing the milk quota and the reference herd for Finland, and horticulture, for which 1993 is the year covered by the most reliable statistics; whereas however, 1993 (when prices had not yet been affected by accession) should be used for assessing the level of overall support, where the difference in the price level of support existing between Finland and the Community must be taken into account; Whereas production figures and support per product in the abovementioned years should be stated; Whereas on 26 October 1994 Finland presented the aid scheme contemplated to the Commission; whereas it subsequently forwarded additional information and the final version of the aid scheme contemplated on 20 January 1995; whereas the scheme provides for aids applicable to agriculture generally in the regions in question and related to the traditional production model on each holding; whereas it also provides for specific aid payable to the Scolt Lapps, for the reindeer industry and the natural economy of those regions; Whereas the measures provided for may be authorized as they meet the conditions laid down in Article 142 (3) of the Act; whereas those measures take account of the compensatory allowance, the agrienvironmental aid laid down for the northern regions and the aid provided for under the common organizations of the markets (COM) at a level which should be stated for the sake of transparency; whereas they also take account of the transitional aid granted in accordance with Articles 138, 139 and 140 of the Act of Accession; whereas they are not likely to lead to any increase in overall support or, where they are accompanied by the necessary measures, to any increase in production as compared with the reference period referred to above; whereas, as regards the latter point, a reduction in the aid in the following year in proportion to the overrun in production during the reference period provides a suitable instrument; Whereas, with regard to the latter, with the exception of cow’s milk, where any increase in production is controlled by the quota system provided for under the COM, the aid is not granted on the basis of the quantities produced but on the basis of production factors (livestock units (LU) or ha) within regional limits laid down by this Decision; whereas, in the case of heifers for slaughter, which fall outside the milk production network, the aid is also granted by head; Whereas the transport aid provided for in this aid scheme may be authorized under the third subparagraph of Article 142 (3); whereas where authorization is granted for any transport aid under a national regional aid scheme, it should be ensured that compensation is not provided twice under the various aid schemes for the same activity; Whereas those aids meet the objectives set out in the third subparagraph of Article 142 (3) of the Act of Accession since they are intended to maintain traditional methods of primary production and processing particularly suited to the climatic conditions of the regions concerned, to improve the structures for the production, marketing and processing of agricultural products, to facilitate the disposal of the said products and to ensure that the environment is protected and the countryside preserved; Whereas, on that basis, the aid measures in question may be authorized provided, however, they comply with the limits laid down for certain products under the COM; Whereas the aid scheme proposed provides for aid for horticultural products in the northern regions; whereas aid is also granted for the storage of such products, which is considered in such cases a measure to facilitate the disposal of the products in accordance with the third indent of the third subparagraph of Article 142 (3) of the Act; Whereas the Commission must be kept informed of the actual trend in market prices in Finland for the horticultural products covered by this Decision in order to verify compliance with the conditions laid down in Article 142 of the Act; Whereas the aid laid down for the breeding, processing and marketing of reindeer is in acordance with the last paragraph of Article 5 of Regulation (EEC) No 827/68, HAS ADOPTED THIS DECISION: TITLE I DETERMINATION OF REGIONS AND OF REFERENCE PERIOD
The northern region of Finland shall comprise the local administrative units and the municipal units (kunta) listed under the relevant subregions in Annex I hereto.
1. The reference period provided for in Article 142 (3) of the Act of Accession shall be as follows:
(a) as regards production:
– 1992 for cow’s milk and for cattle,
– 1993 for horticulture,
– the average for 1991, 1992 and 1993 for other products;
(b) as regards the level of overall support, 1993.
2. Production and overall support for those years per product shall be as shown in Annex II.
AUTHORIZED AID
1. The aid set out in Annex III shall be authorized from 1 January 1995.
The following shall be as shown in the relevant Annex:
– in Annex III, the amounts granted by subregion, production factor (ha, LU or head) or quantities produced, and the overall amount laid down,
– in Annex IV, the maximum number of hectares or of animals covered by the aid,
– in Annex V, the conversion rates into LU for the various types of livestock.
– shall be authorized taking account of the Community aid as set out in Annex VI and the aid authorized pursuant to Articles 138, 139 and 140 of the Act of Accession,
– with the exception of aid for cow’s milk, may in no case be granted on the basis of the quantity produced.
2. The aid provided for in paragraph 1 shall be limited as follows:
(a) arable land: to the average number of hectares in the region which were sown in the period 1989 to 1991 to arable crops or, as the case may be, left fallow in accordance with a publicly funded compensatory payment scheme pursuant to Council Regulation (EEC) No 1765/92 (1);
(b) sugarbeet: to the quantity of beet covered by contracts between producers in the regions referred to in Article 1 and between sugar-producing undertakings within the (A and B) quotas allocated to the latter pursuant to Article 24 of Council Regulation (EEC) No 1785/81 (2);
(c) cow’s milk: to the reference quantity allocated pursuant to Articles 3 (2) and 4 of Council Regulation (EEC) No 3590/92 (3);
(d) suckler cows: to the individual ceilings allocated to each producer pursuant to Article 4d (1a) of Council Regulation (EEC) No 805/68 (4);
(e) male bovine animals: to 90 head per holding and per age bracket pursuant to Article 4b (1) of Regulation (EEC) No 805/68;
(f) sheep and goats: to the individual limits allocated to producers pursuant to Article 5e of Council Regulation (EEC) No 3013/89 (5).
In addition, as regards the products referred to in (d) and (e), the stocking density provided for in Article 4g of Regulation (EEC) No 805/68 shall be complied with.
1. Finland shall:
(a) as part of the information provided pursuant to Article 143 (2) of the Act of Accession, forward to the Commission each year before 1 April and for the first time before 1 April 1996 information on the effects of the aid granted and in particular on the trend in production and in means of production qualifying for the aid and the trend in the economy of the regions concerned;
(b) take all steps necessary to apply this Decision and suitable control measures vis-à-vis recipients;
(c) in the event of an overrun in the quantities laid down in Annex 2, reduce aid granted for the products concerned in the following year in proportion to the overrun in the subregions where the overrun has been recorded. As regards field-scale crop production, that reduction shall only apply if the overrun is more than 10 % on average over two consecutive years;
(d) for 1995, provide the Commission with information every four months on the producer prices recorded on the internal market for fruit and vegetables.
2. If, on the basis of the information provided pursuant to paragraph 1 (d) any increase is noted in overall support as compared with that in the reference period provided for in Article 2, this Decision shall be reviewed.
This Decision shall be without prejudice to:
– the rights of the Finnish authorities to lay down, in accordance with the amounts and other factors provided for in this Decision, the conditions for granting aid to the various categories of recipients,
– the rights of the Commission to review this Decision, in particular on the basis of the trend in the value of the national currency, the determination of the Finnish quota for potato starch or the change in the rate of aid authorized following any adjustment to aid authorized pursuant to Articles 138 and 140 of the Act of Accession or to the Community aid shown in Annex VI.
In the latter case, any correction to the authorized aid in the northern regions shall apply only from the year following that in which the adjustment takes effect.
This Decision is addressed to the Republic of Finland.
Done at Brussels, 4 May 1995.
For the Commission Franz FISCHLER Member of the Commission
LIST PROVIDED FOR IN ARTICLE 1
As referred to in Article 2 (2)
Per product
III.1. As referred to in the first subparagraph of Article 3 (1) for 1995
III.2. As referred to in the first subparagraph of Article 3 (1) for 1996 >TABLE>
III.3. As referred to in the first subparagraph of Article 3 (1) for 1997 >TABLE>
III.4. As referred to in the first subparagraph of Article 3 (1) for 1998 >TABLE>
III.5. As referred to in the first subparagraph of Article 3 (1) for 1999 >TABLE>
III.6. As referred to in the first subparagraph of Article 3 (1), as from the year 2000 >TABLE>
As referred to in the second indent of the second subparagraph of Article 3 (1)
Quantities expressed in production factors
As referred to in the third indent of Article 3 (1)
Coefficients for conversion into LU
As referred to in the first indent of the third subparagraph of Article 3 (1)
Community aid
1. Animal products>TABLE>

(1) Aid for pasturage (cows, male bovine animals, other bovine animals, suckler cows).
(2) With premium for extensification.
(3) Costs not deducted.
(4) 90 % eligible according to Finnish authorities.
(5) Finnish horses.
(6) Not including aid for set-aside.
(7) Costs not deducted.
(8) Taking account of the restrictions on farmers for allocation of aid.
(9) Wheat is not eligible if the yield is higher than 2,5 t/ha.
(10) To be considered in the framework of the agri-environmental programme.

Pending: 31994D0778

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), and in particular Article 11 thereof, Whereas a group of Commission experts has conducted an inspection visit to Turkey to verify the conditions under which frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods are produced and placed on the market; Whereas Turkish legislation makes the Ministry of Agriculture and Rural Affairs responsible for inspecting the health of bivalve molluscs, echinoderms, tunicates and marine gastropods and monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers the Ministry of Agriculture and Rural Affairs to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones; Whereas the Ministry of Agriculture and Rural Affairs and its laboratories are capable of effectively verifying the application of the laws in force in Turkey; Whereas the competent Turkish authorities have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting areas; Whereas the procedure for obtaining a health certificate referred to in Article 11 (4) (a) of Directive 91/493/EEC must include the definition of a model certificate, the language(s) in which it must be drawn up, the qualifications of the signatory and the health mark to be affixed to packaging; Whereas, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC (2), the Commission Decision 94/777/EC (3) has designated the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested, frozen or processed and exported to the Community; Whereas, in accordance with Article 11 (4) (c) of Directive 91/493/EEC a list of the establishments from which the import of frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods is authorized should be established; whereas such establishments may appear on the list only if they are officially approved by the competent Turkish authorities; whereas it is the duty of the competent Turkish authorities to ensure that the provisions laid down to this end in Article 11 (4) (c) of Directive 91/493/EEC are complied with; Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (4); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:

Article 1
The General Directorate of Protection and Control, of the Ministry of Agriculture and Rural Affairs shall be the competent authority in Turkey for verifying and certifying that frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/493/EEC.

Article 2
Frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey and intended for human consumption 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. they must originate in the authorized production areas listed in Annex B to Commission Decision 94/777/EC;
3. they must be prepared, frozen or processed, and packed by an approved establishment included in the list in Annex B hereto;
4. each package must bear an indelible health mark containing at least the following information:
– country of dispatch: Turkey,
– the species (common and scientific names),
– the identification of the establishment of origin by the approval number.

Article 3
1. Certificates as referred to in Article 2 (1) must be drawn up in at least one official language of the Member State in which the check is carried out.
2. Certificates must bear the name, capacity and signature of the veterinarian of the Ministry of Agriculture and Rural Affairs and its official seal, in a colour different from that of other endorsements.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 30 November 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 268, 24. 9. 1991, p. 1.
(3) See page 35 of this Official Journal.
(4) OJ No L 46, 19. 2. 1991, p. 1.

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), and in particular Article 11 thereof, Whereas a group of Commission experts has conducted an inspection visit to Turkey to verify the conditions under which frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods are produced and placed on the market; Whereas Turkish legislation makes the Ministry of Agriculture and Rural Affairs responsible for inspecting the health of bivalve molluscs, echinoderms, tunicates and marine gastropods and monitoring the hygiene and sanitary conditions of production; whereas the same legislation empowers the Ministry of Agriculture and Rural Affairs to authorize or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones; Whereas the Ministry of Agriculture and Rural Affairs and its laboratories are capable of effectively verifying the application of the laws in force in Turkey; Whereas the competent Turkish authorities have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting areas; Whereas the procedure for obtaining a health certificate referred to in Article 11 (4) (a) of Directive 91/493/EEC must include the definition of a model certificate, the language(s) in which it must be drawn up, the qualifications of the signatory and the health mark to be affixed to packaging; Whereas, in accordance with Article 9 (3) (b) (ii) of Directive 91/492/EEC (2), the Commission Decision 94/777/EC (3) has designated the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested, frozen or processed and exported to the Community; Whereas, in accordance with Article 11 (4) (c) of Directive 91/493/EEC a list of the establishments from which the import of frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods is authorized should be established; whereas such establishments may appear on the list only if they are officially approved by the competent Turkish authorities; whereas it is the duty of the competent Turkish authorities to ensure that the provisions laid down to this end in Article 11 (4) (c) of Directive 91/493/EEC are complied with; Whereas the special import conditions apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (4); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, HAS ADOPTED THIS DECISION:
The General Directorate of Protection and Control, of the Ministry of Agriculture and Rural Affairs shall be the competent authority in Turkey for verifying and certifying that frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/493/EEC.
Frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Turkey and intended for human consumption 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. they must originate in the authorized production areas listed in Annex B to Commission Decision 94/777/EC;
3. they must be prepared, frozen or processed, and packed by an approved establishment included in the list in Annex B hereto;
4. each package must bear an indelible health mark containing at least the following information:
– country of dispatch: Turkey,
– the species (common and scientific names),
– the identification of the establishment of origin by the approval number.
1. Certificates as referred to in Article 2 (1) must be drawn up in at least one official language of the Member State in which the check is carried out.
2. Certificates must bear the name, capacity and signature of the veterinarian of the Ministry of Agriculture and Rural Affairs and its official seal, in a colour different from that of other endorsements.
This Decision is addressed to the Member States.
Done at Brussels, 30 November 1994.
For the Commission
René STEICHEN
Member of the Commission
(1) OJ No L 268, 24. 9. 1991, p. 15.
(2) OJ No L 268, 24. 9. 1991, p. 1.
(3) See page 35 of this Official Journal.
(4) OJ No L 46, 19. 2. 1991, p. 1.
HEALTH CERTIFICATE covering frozen or processed
– bivalve molluscs (1)
– echinoderms (1)
– tunicates (1)
– marine gastropods (1)
originating in Turkey and intended for human consumption in the European Community
Reference No:
Country of dispatch: Turkey
Competent authority: Ministry of Agriculture and Rural Affairs, General Directorate of Protection and Control
I. Details identifying the products
– Species (scientific name):
– Presentation of product and type of treatment (2):
– Code No (where available):
– Type of packaging:
– Number of packages:
– Net weight:
– Analysis report number (where available):
– Requisite storage and transport temperature:
II. Origin of products
– Authorized production area:
– Name and official approval number of establishment:
III. Destination of products
The products are dispatched
(place of dispatch)
(country and place of destination)
by the following means of transport:
Name and address of consignor:
Name of consignee and address at place of destination:
IV. Health attestation
The official veterinary inspector hereby certifies that the frozen or processed products specified above:
1) were harvested in an approved production area which, on the date of harvest, not subject to any restrictions because of the presence of toxins, and checked in accordance with Chapter VI of the Annex to Directive 91/492/EEC;
2) comply with points 2, 3, 4, 5, 6 and 7 of Chapter V of the Annex to Directive 91/492/EEC;
3) were transported in accordance with rules at least equivalent to those laid down in Chapter II of the Annex to Directive 91/492/EEC;
4) were prepared, frozen or processed and packaged in accordance with health rules at least equivalent to those laid down in Chapter III, IV and VI of the Annex to Directive 91/493/EEC;
5) have undergone controls in accordance with Chapter V of the Annex to Directive 91/493/EEC;
6) were handled and transported in accordance with health rules at least equivalent to those laid down in Chapter VIII of Directive 91/493/EEC;
Official stamp
signature of official inspector
(name in capitals, capacity and qualifications of person signing)
(1) Delete where inapplicable.
(2) Refrigerated, frozen, preserved, etc.
LIST OF ESTABLISHMENTS APPROVED FOR EXPORT TO THE EUROPEAN COMMUNITY
“” ID=”1″>Marsan – Eceabat> ID=”2″>110 – 31. 12. 1995″> ID=”1″>Ulubay – Lapseki> ID=”2″>129 – 31. 12. 1995″> ID=”1″>Mim-Tur – Sariyer> ID=”2″>140 – 31. 12. 1995″> ID=”1″>Dardanel Onentas – Çanakkale> ID=”2″>181 – 31. 12. 1995″> ID=”1″>Kerevitas Mersu Ancoker – Bursa> ID=”2″>301 – 31. 12. 1995″> ID=”1″>Ada – Ayvalik> ID=”2″>318 – 31. 12. 1995″>