Pending: 31999D0010

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme (1), and in particular the second subparagraph of Article 5(1) thereof,Whereas, by Decision 96/13/EEC (2), the Commission established ecological criteria for the award of the Community eco-label to paints and varnishes, which, according to Article 3 thereof, expire 14 December 1998;Whereas it is appropriate to adopt a new decision establishing criteria for this product group, which will be valid for a further period of three years after the expiry of the period of validity of the previous criteria;Whereas it is appropriate to revise the criteria that were established by Decision 96/13/EEC in order to reflect the developments in the market;Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product group;Whereas Article 10(2) of Regulation (EEC) No 880/92 states that the environmental performance of a product shall be assessed by reference to the specific criteria for product groups;Whereas Article 4(2)(a) of Regulation (EEC) No 880/92 states that an eco-label may not be awarded to products which are substances or preparations classified as dangerous in accordance with Council Directive 67/548/EEC (3), as last amended by Commission Directive 97/69/EC (4) and Council Directive 88/379/EEC (5), as last amended by Commission Directive 93/18/EEC (6), but that it may be awarded to products containing such substances or preparations in so far as they meet the objectives of the Community eco-label award scheme;Whereas paints and varnishes contain substances or preparations classified as dangerous under the Directives mentioned above;Whereas the ecological criteria established by this Decision include restrictions limiting to a minimum the content of substances and preparations classified as dangerous in paints and varnishes which may be awarded on eco-label;Whereas paints and varnishes fulfilling these criteria have therefore reduced environmental impact and meet the objectives of the Community eco-label award scheme;Whereas in accordance with Article 6 of Regulation (EEC) No 880/92, the Commission has consulted the principal interest groups within a consultation forum;Whereas the measures set out in this Decision are in accordance with the opinion of the committee set up under Article 7 of Regulation (EEC) No 880/92,HAS ADOPTED THIS DECISION:

Article 1
The product group ‘indoor paints and varnishes` shall mean:
‘Indoor paints and varnishes for do-it-yourself and professional users`.

Article 2
The environmental performance and the fitness for use of the product group as defined in Article 1 shall be assessed by reference to the specific ecological and fitness-for-use criteria set out in the Annex.

Article 3
The product group definition and the criteria for the product group as defined in Article 1 shall be valid for a period of three years from the first day of the month following the adoption.

Article 4
For administrative purposes, the code number assigned to the product group as defined in Article 1 shall be ‘007`.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 18 December 1998.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11. 4. 1992, p. 1.
(2) OJ L 4, 6. 1. 1996, p. 8.
(3) OJ L 196, 16. 8. 1967, p. 1.
(4) OJ L 343, 13. 12. 1997, p. 19.
(5) OJ L 187, 16. 7. 1988, p. 14.
(6) OJ L 104, 29. 4. 1993, p. 46.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme (1), and in particular the second subparagraph of Article 5(1) thereof,Whereas, by Decision 96/13/EEC (2), the Commission established ecological criteria for the award of the Community eco-label to paints and varnishes, which, according to Article 3 thereof, expire 14 December 1998;Whereas it is appropriate to adopt a new decision establishing criteria for this product group, which will be valid for a further period of three years after the expiry of the period of validity of the previous criteria;Whereas it is appropriate to revise the criteria that were established by Decision 96/13/EEC in order to reflect the developments in the market;Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product group;Whereas Article 10(2) of Regulation (EEC) No 880/92 states that the environmental performance of a product shall be assessed by reference to the specific criteria for product groups;Whereas Article 4(2)(a) of Regulation (EEC) No 880/92 states that an eco-label may not be awarded to products which are substances or preparations classified as dangerous in accordance with Council Directive 67/548/EEC (3), as last amended by Commission Directive 97/69/EC (4) and Council Directive 88/379/EEC (5), as last amended by Commission Directive 93/18/EEC (6), but that it may be awarded to products containing such substances or preparations in so far as they meet the objectives of the Community eco-label award scheme;Whereas paints and varnishes contain substances or preparations classified as dangerous under the Directives mentioned above;Whereas the ecological criteria established by this Decision include restrictions limiting to a minimum the content of substances and preparations classified as dangerous in paints and varnishes which may be awarded on eco-label;Whereas paints and varnishes fulfilling these criteria have therefore reduced environmental impact and meet the objectives of the Community eco-label award scheme;Whereas in accordance with Article 6 of Regulation (EEC) No 880/92, the Commission has consulted the principal interest groups within a consultation forum;Whereas the measures set out in this Decision are in accordance with the opinion of the committee set up under Article 7 of Regulation (EEC) No 880/92,HAS ADOPTED THIS DECISION:
The product group ‘indoor paints and varnishes` shall mean:
‘Indoor paints and varnishes for do-it-yourself and professional users`.
The environmental performance and the fitness for use of the product group as defined in Article 1 shall be assessed by reference to the specific ecological and fitness-for-use criteria set out in the Annex.
The product group definition and the criteria for the product group as defined in Article 1 shall be valid for a period of three years from the first day of the month following the adoption.
For administrative purposes, the code number assigned to the product group as defined in Article 1 shall be ‘007`.
This Decision is addressed to the Member States.
Done at Brussels, 18 December 1998.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11. 4. 1992, p. 1.
(2) OJ L 4, 6. 1. 1996, p. 8.
(3) OJ L 196, 16. 8. 1967, p. 1.
(4) OJ L 343, 13. 12. 1997, p. 19.
(5) OJ L 187, 16. 7. 1988, p. 14.
(6) OJ L 104, 29. 4. 1993, p. 46.
A. FRAMEWORK
In order to be awarded an eco-label, paints and varnishes shall comply with the criteria of this document, which are aimed at promoting:
– reduction of discharges of toxic or otherwise polluting substances into waters,
– reduction of environmental damage or risks by reducing air emissions,
– efficient use of the product and the minimisation of waste.
Products shall be in accordance with Council Regulation (EEC) No 880/92 on a Community eco-label award scheme and with the following criteria during the entire period covered by the contract with the competent body for the award of the label.
Some of the criteria outlined below are dependent on:
– the kind of product: paint or varnish as defined in Appendix 1,
– the class of paint: class 1 or class 2, as defined below.
Field of application
As far as paints are concerned the following, in particular, are included in the field of application:
– decorative indoor paints in liquid or paste formulas which may have been pre-conditioned, tinted or prepared by the manufacturer to meet the consumer’s needs,
– products which are tinted by distributors at the request of amateur or professional decorators.
The following products are excluded from the field of application:
– floor coatings,
– anti-corrosion coatings,
– anti-fouling coatings,
– wood preservation products,
– wood stains,
– coating for particular industrial uses,
– facade coatings.
Classification of products
Paints are classified according to their specular gloss. Two classes are defined:
– class 1: paints with a specular gloss below or equal to 45 units at á = 60° (1),
– class 2: paints with a specular gloss above 45 units at á = 60° (2).
Criteria applicable to class 2 paints are also applicable to varnishes.
Community eco-label requirements on paints and varnishes take into account this classification, particularly for criteria No 2 (volatile organic compounds content), No 3 (volatile aromatic hydrocarbons content), No 6A (hiding power) and No 6B (resistance to liquids).
B. ENVIRONMENTAL CRITERIA
Criterion No 1: White pigments (see definition 2 in Appendix 1) (applicable to paints)
The paint will have a white pigments content lower or equal to 40 g per m2 of dry film, with 98 % opacity.
Measurement of product necessary to cover 1 m2 area with a 98 % opacity will be made in accordance with ISO 6504/1 method (see also criterion No 6A).
Three types of white pigments consistent with the definition 2 given in Appendix 1 are usually used for the product group: titanium dioxide (TiO2), lithopone and zinc oxide.
In the case of TiO2, the following criteria will apply for emissions and discharges of wastes related to the production of white pigments:
– SOx emissions (expressed as SO2) lower than 300 mg per m2 of dry film (98 % opacity),
– sulphate wastes lower than 20 g per m2 of dry film (98 % opacity),
– chlorine wastes lower than 5, 9 and 18 g per m2 of dry film (98 % opacity) respectively for neutral rutile, synthetic rutile and slag ores.
Criterion No 2: Volatile organic compounds content (VOC) (definition 3 in Appendix 1)
Maximum volatile organic compounds content depends on the product:
2A. For class 1 paints:
VOC content will be lower or equal to 30 g/l (minus water).
2B. For varnishes and class 2 paints:
VOC content will be lower or equal to 200 g/l (minus water) (3).
VOC content unit used is ‘mass in grams of VOC per litre of product (g/l minus water)`.
Criterion No 3: Volatile aromatic hydrocarbons (applicable to all products) (see definition 4 in Appendix 1)
Maximum aromatic content depends on the product:
3A. For class 1 paints:
Volatile aromatic content will be lower or equal to 0,2 % of the product (m/m).
3B. For varnishes and class 2 paints:
Volatile aromatic content will be lower or equal to 0,5 % of the product (m/m).
Criterion No 4: Absence of heavy metals (applicable to all products)

Pending: 31998D0634

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme (1), and in particular the second subparagraph of Article 5(1) thereof,Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product groups;Whereas Article 10(2) of Regulation (EEC) No 880/92 states that the environmental performance of a product shall be assessed by reference to the specific criteria for product groups;Whereas in accordance with Article 6 of Regulation (EEC) No 880/92 the Commission has consulted the principal interest groups within a consultation forum;Whereas the measures provided for in this Decision are in accordance with the opinion of the committee set up pursuant to Article 7 of Regulation (EEC) No 880/92,HAS ADOPTED THIS DECISION:

Article 1
The product group ‘bed mattresses` (hereinafter referred to as ‘the product group`) shall mean:
Products providing a surface to sleep or rest upon, consisting of a strong cloth cover filled with materials, and that can be placed on an existing supporting bed structure.
This includes framed sprung mattresses, which are defined as an upholstered bed case consisting of springs, topped with fillings, on a rigid frame to be used in a bed frame or free standing, combined with a mattress pad which is not intended to be used separately.
Inflatable mattresses and water mattresses are excluded.

Article 2
The enviromental performance and the fitness for use of the product group as defined in Article 1 shall be assessed by reference to the specific ecological and fitness-for-use criteria set out in the Annex.

Article 3
The product group definition and the criteria for the product group shall be valid for a period of three years from the date on which this Decision takes effect.

Article 4
For administrative purposes the code number assigned to the product group shall be ‘014`.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 2 October 1998.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11. 4. 1992, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 880/92 of 23 March 1992 on a Community eco-label award scheme (1), and in particular the second subparagraph of Article 5(1) thereof,Whereas the first subparagraph of Article 5(1) of Regulation (EEC) No 880/92 provides that the conditions for the award of the Community eco-label shall be defined by product groups;Whereas Article 10(2) of Regulation (EEC) No 880/92 states that the environmental performance of a product shall be assessed by reference to the specific criteria for product groups;Whereas in accordance with Article 6 of Regulation (EEC) No 880/92 the Commission has consulted the principal interest groups within a consultation forum;Whereas the measures provided for in this Decision are in accordance with the opinion of the committee set up pursuant to Article 7 of Regulation (EEC) No 880/92,HAS ADOPTED THIS DECISION:
The product group ‘bed mattresses` (hereinafter referred to as ‘the product group`) shall mean:
Products providing a surface to sleep or rest upon, consisting of a strong cloth cover filled with materials, and that can be placed on an existing supporting bed structure.
This includes framed sprung mattresses, which are defined as an upholstered bed case consisting of springs, topped with fillings, on a rigid frame to be used in a bed frame or free standing, combined with a mattress pad which is not intended to be used separately.
Inflatable mattresses and water mattresses are excluded.
The enviromental performance and the fitness for use of the product group as defined in Article 1 shall be assessed by reference to the specific ecological and fitness-for-use criteria set out in the Annex.
The product group definition and the criteria for the product group shall be valid for a period of three years from the date on which this Decision takes effect.
For administrative purposes the code number assigned to the product group shall be ‘014`.
This Decision is addressed to the Member States.
Done at Brussels, 2 October 1998.
For the Commission
Ritt BJERREGAARD
Member of the Commission
(1) OJ L 99, 11. 4. 1992, p. 1.
In order to qualify for an eco-label, the product in the product group as defined in Article 1 must comply with the criteria of this Annex, with tests carried out on application as indicated in the criteria. Where no tests are mentioned, competent bodies should rely as appropriate on declarations and documentation provided by the applicant and/or independent verifications.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria in this Annex.
Functional unit
The functional unit, to which inputs and outputs should be related, is:
1 m2 of mattress
A. ECOLOGICAL CRITERIA
A1. MATERIALS
Specific criteria are set in this section A1 for latex foam, polyurethane foam, wire and springs, coconut fibres and wood. Other materials for which no material-specific criteria are set are allowed. All of the materials used must comply with the criteria in section A2 on the use of dyes, pigments and flame retardants. The applicant shall supply detailed information as to the material composition of the mattresses.
The criteria specific for latex foam, polyurethane foam, or coconut fibres set in this section A1 need only be met if that material contributes to more than 5 % of the total weight of the mattress.
1. The concentrations in latex foam of the following substances must be less than the limit values indicated below:
1(a) pentachlorophenol (its salts and esters): 0,1 ppm
Test method: Milling of 5 g sample, extraction of PCP or sodium salt.
Analysis by means of gas chromatography (GC), detection with mass spectrometer or ECD.
1(b) extractable heavy metals:
Test method: Milled sample extracted according to DIN 38414-S4, L/S=10.
Filtration with 0,45 ìm membrane filter.
Analysis by means of atomic emission spectroscopy with inductive coupled plasma (ICP-AES) or with hydrid or cold vapour technique.
1(c) extractable formaldehyde: 50 ppm
Test method: According to Japan Law 112 (1973) or PRENISO 14184-1.
Sample of 1 g with 100 g water heated to 40 °C for one hour.
Formaldehyde in extract analysed with acetylacetone, photometric.
1(d) butadiene: 1 ppm
Test method: Milling and weighing of sample.
Sampling by headspace sampler.
Analysis by gas chromatography, detection by flame-ionisation detector.
Polyurethane (PUR) foam
2. The concentrations in PUR foam of the following substances must be less than the limit values indicated below:
2(a) extractable heavy metals:
Test method: Milled sample extracted according to DIN 38414-S4, L/S=10.
Filtration with 0,45 ìm membrane filter.
Analysis by means of atomic emission spectroscopy with inductive coupled plasma (ICP-AES) or with hydrid or cold vapour technique.
2(b) The concentration of tin (in organic form) must not exceed 900 ppm.
Test method: Sample treatment according to NEN 6465 or ISO-DIS (draft international standard) 11466 or equivalent (grinding of sample, followed by treatment for two hours with boiling HCl/HNO3 (aqua regia)).
Analysis according to NEN 6465 or ISO-DIS (draft international standard) 11466 or equivalent, by atomic absorption spectroscopy (AAS), cold vapour (CVAAS) for Hg; atomic emission spectroscopy with inductive coupled plasma (ICP-AES) for other heavy metals.
3. CFCs, HCFCs, HFCs or methylene chloride shall not be used as blowing agents or as auxiliary blowing agents. The use of methylene chloride as an auxiliary blowing agent is nevertheless allowed in conjunction with the application of powdered flame retardants.
Wire and springs
4. If degreasing and/or cleaning of wire and/or springs is carried out with organic solvents, use must be made of a closed cleaning/degreasing system.
5. The surface of springs must not be covered with a galvanic metallic layer.
Coconut fibres
6. If the coconut fibre material is rubberised, the latex used must comply with the criteria applicable to latex foam.
Wooden material
7. Any particle board used must be of class 1 quality with respect to formaldehyde as defined in EN 312-1.
Any fibreboard used must be of class A quality with respect to formaldehyde as defined in EN 622-1.
A2. CHEMICALS AND PREPARATIONS
8. Any glues used must contain less than 10 % by weight of volatile organic compounds (VOCs). This criterion does not apply to glues used for occasional repairs.
VOCs are any organic compound having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use.
9. Any glues used must be free of benzene and chlorobenzenes.
Dyes and pigments
10. No azo dyes shall be used that may cleave to any of the following aromatic amines:
11. None of the following dyes that are carcinogenic (category 2 as defined in Council Directive 67/548/EEC (1), as last amended by Commission Directive 97/69/EEC (2)) shall be used:

Pending: 31998D0569

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 the placing on the market of live bivalve molluscs (1), as last amended by the Directive 97/79/EC (2), and in particular Article 9 thereof,Whereas a Commission expert has conducted an inspection visit to Tunisia to verify the conditions under which live bivalve molluscs, echinoderms, tunicates and marine gastropods are produced, stored and dispatched to the Community;Whereas the provisions of legislation of Tunisia makes the ‘Direction Générale de la Sante Animale (DGSA) du Ministère de l’Agriculture` 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 DGSA to authorise or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones;Whereas the DGSA and its laboratories are capable of effectively verifying the application of the laws in force in Tunisia;Whereas the competent Tunisia 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 competent Tunisia authorities 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 producing and relaying zones, approval of dispatch centres and public health control and production monitoring; whereas in particular any possible change in harvesting zones will be communicated to the Community;Whereas Tunisia 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 procedure for obtaining the health certificate referred to in Article 9(3)(b)(i) of Directive 91/492/EEC must include 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 and the health mark to be affixed to packaging;Whereas, pursuant to 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, pursuant to Article 9(3)(c) of Directive 91/492/EEC, a list of the establishments from which the import of bivalve molluscs, echinoderms, tunicates and marine gastropods is authorised should be established; whereas this list must be drawn up on the basis of a communication from the DGSA to the Commission; whereas it is therefore for the DGSA to ensure compliance with the provisions laid down to that end in Article 9(3)(c) of Directive 91/492/EEC;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 and products (3), as last amended by Directive 97/79/EC;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 ‘Direction Générale de la Sante Animale (DGSA) du Ministère de l’Agriculture` shall be the competent authority in Tunisia for verifying and certifying compliance of live bivalve molluscs, echinoderms, tunicates and marine gastropods with the requirements of Directive 91/492/EEC.

Article 2
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Tunisia 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. consignments must originate in the authorised production areas listed in Annex B hereto;
3. they must be packed in sealed packages by an approved dispatch centre included in the list in Annex C hereto;
4. each package must bear an indelible health mark containing at least the following information:
– country of dispatch: TUNISIA,
– the species (common and scientific names),
– the identification of the production area and the dispatch centre by their approval number,
– the date of packing, comprising at least the day and month.

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 where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the DGSA and the latter’s official stamp in a colour different from that of other endorsements.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 6 October 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 268, 24. 9. 1991, p. 1.
(2) OJ L 24, 30. 1. 1998, p. 31.
(3) OJ L 46, 19. 2. 1991, p. 1.

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 the placing on the market of live bivalve molluscs (1), as last amended by the Directive 97/79/EC (2), and in particular Article 9 thereof,Whereas a Commission expert has conducted an inspection visit to Tunisia to verify the conditions under which live bivalve molluscs, echinoderms, tunicates and marine gastropods are produced, stored and dispatched to the Community;Whereas the provisions of legislation of Tunisia makes the ‘Direction Générale de la Sante Animale (DGSA) du Ministère de l’Agriculture` 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 DGSA to authorise or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones;Whereas the DGSA and its laboratories are capable of effectively verifying the application of the laws in force in Tunisia;Whereas the competent Tunisia 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 competent Tunisia authorities 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 producing and relaying zones, approval of dispatch centres and public health control and production monitoring; whereas in particular any possible change in harvesting zones will be communicated to the Community;Whereas Tunisia 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 procedure for obtaining the health certificate referred to in Article 9(3)(b)(i) of Directive 91/492/EEC must include 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 and the health mark to be affixed to packaging;Whereas, pursuant to 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, pursuant to Article 9(3)(c) of Directive 91/492/EEC, a list of the establishments from which the import of bivalve molluscs, echinoderms, tunicates and marine gastropods is authorised should be established; whereas this list must be drawn up on the basis of a communication from the DGSA to the Commission; whereas it is therefore for the DGSA to ensure compliance with the provisions laid down to that end in Article 9(3)(c) of Directive 91/492/EEC;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 and products (3), as last amended by Directive 97/79/EC;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The ‘Direction Générale de la Sante Animale (DGSA) du Ministère de l’Agriculture` shall be the competent authority in Tunisia for verifying and certifying compliance of live bivalve molluscs, echinoderms, tunicates and marine gastropods with the requirements of Directive 91/492/EEC.
Live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Tunisia 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. consignments must originate in the authorised production areas listed in Annex B hereto;
3. they must be packed in sealed packages by an approved dispatch centre included in the list in Annex C hereto;
4. each package must bear an indelible health mark containing at least the following information:
– country of dispatch: TUNISIA,
– the species (common and scientific names),
– the identification of the production area and the dispatch centre by their approval number,
– the date of packing, comprising at least the day and month.
1. Certificates as referred to in Article 2(1) must be drawn up in at least one official language of the Member State where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the DGSA and the latter’s official stamp in a colour different from that of other endorsements.
This Decision is addressed to the Member States.
Done at Brussels, 6 October 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 268, 24. 9. 1991, p. 1.
(2) OJ L 24, 30. 1. 1998, p. 31.
(3) OJ L 46, 19. 2. 1991, p. 1.
HEALTH CERTIFICATE covering live bivalve molluscs (1), echinoderms (1), tunicates (1), marine gastropods (1) originating in Tunisia and intended for human consumption in the European Community
>START OF GRAPHIC>
Reference No:
Country of dispatch:
Competent authority:
‘Direction générale de la santé animale (DGSA) du ministère de l’agriculture`
I. Details identifying the fishery products
– Species (scientific name):
– Code number (where available):
– Type of packaging:
– Number of packages:
– Net weight:
– Analysis report number (where available):
II. Origin of products
– Authorised production area:
– Name and official approval number of dispatch centre:
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 dispatcher:
Name of consignee and address at place of destination:
(1) Delete where inapplicable.
IV. Health attestation
– The official inspector hereby certifies that the live products specified above:
1. were harvested, where necessary relayed, and transported in accordance with the health rules laid down in Chapters I, II and III of the Annex to Directive 91/492/EEC;
2. were handled, where necessary purified, and packaged in compliance with the requirements laid down in Chapter IV of the Annex to Directive 91/492/EEC;
3. have undergone health controls in accordance with Chapter VI of the Annex to Directive 91/492/EEC;
4. are in compliance with Chapters V, VII, VIII, IX, and X of the Annex to Directive 91/492/EEC and therefore fit for immediate human consumption.
– The undersigned official inspector hereby declares that he is aware of the provisions of the Directive 91/492/EEC and Decision 98/569/EC.
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>

Pending: 31998D0424

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 Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas a Commission expert has conducted an inspection visit to Maldives to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of legislation of Maldives on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas, in Maldives the Department of Public Health (DPH) of the Ministry of Health 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/registration number of the establishment, factory vessel, cold store or freezer vessel of origin;Whereas, pursuant to Article 11(4)(c) of Directive 91/493/EEC, a list of approved establishments, factory vessels or cold stores must be drawn up; whereas a list of freezer vessels registered in the sense of Council Directive 92/48/EEC (2) must be drawn up; whereas this list must be drawn up on the basis of a communication from the DPH to the Commission; whereas it is therefore for the DPH to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC;Whereas the DPH has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval or registration of establishments, factory vessels, cold stores or freezer vessels;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 Department of Public Health (DPH) of the Ministry of Health shall be the competent authority in Maldives for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.

Article 2
Fishery and aquaculture products originating in Maldives must meet the following conditions:
1. Each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. The products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto;
3. Except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘MALDIVES` and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.

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 where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the DPH and the latter’s official stamp in a colour different from that of other endorsements.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 30 June 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 268, 24. 9. 1991, p. 15.
(2) OJ L 187, 7. 7. 1992, p. 41.

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 Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas a Commission expert has conducted an inspection visit to Maldives to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of legislation of Maldives on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas, in Maldives the Department of Public Health (DPH) of the Ministry of Health 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/registration number of the establishment, factory vessel, cold store or freezer vessel of origin;Whereas, pursuant to Article 11(4)(c) of Directive 91/493/EEC, a list of approved establishments, factory vessels or cold stores must be drawn up; whereas a list of freezer vessels registered in the sense of Council Directive 92/48/EEC (2) must be drawn up; whereas this list must be drawn up on the basis of a communication from the DPH to the Commission; whereas it is therefore for the DPH to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC;Whereas the DPH has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval or registration of establishments, factory vessels, cold stores or freezer vessels;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The Department of Public Health (DPH) of the Ministry of Health shall be the competent authority in Maldives for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.
Fishery and aquaculture products originating in Maldives must meet the following conditions:
1. Each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. The products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto;
3. Except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘MALDIVES` and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.
1. Certificates as referred to in Article 2(1) must be drawn up in at least one official language of the Member State where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the DPH and the latter’s official stamp in a colour different from that of other endorsements.
This Decision is addressed to the Member States.
Done at Brussels, 30 June 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 268, 24. 9. 1991, p. 15.
(2) OJ L 187, 7. 7. 1992, p. 41.
HEALTH CERTIFICATE for fishery and aquaculture products originating in Maldives and intended for export to the European Community, excluding bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form
>START OF GRAPHIC>
Reference No:
Country of dispatch: MALDIVES
Competent authority: Department of Public Health (DPH) of the Ministry of Health
I. Details identifying the fishery products
– Description of Fishery – Aquaculture products (1):
– Species (scientific name):
– Presentation of product and type of treatment (2):
– Code number (where available):
– Type of packaging:
– Number of packages:
– Net weight:
– Requisite storage and transport temperature:
II. Origin of products
Name(s) and official approval number(s) of establishment(s), factory vessel(s) or cold store(s) approved or freezer vessel(s) registered by the DPH for export to the EC:
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 dispatcher:
Name of consignee and address at place of destination:
(1) Delete where applicable.
(2) Live, refrigerated, frozen, salted, smoked, preserved, etc.
IV. Health attestation
– The official inspector hereby certifies that the fishery or aquaculture products specified above:
1. were caught and handled on board vessels in accordance with the health rules laid down by Directive 92/48/EEC;
2. were landed, handled and where appropriate packaged, prepared, processed, frozen, thawed and stored hygienically in compliance with the requirements laid down in Chapters II, III and IV of the Annex to Directive 91/493/EEC;
3. have undergone health controls in accordance with Chapter V of the Annex to Directive 91/493/EEC;
4. are packaged, marked, stored and transported in accordance with Chapters VI, VII and VIII of the Annex to Directive 91/493/EEC;
5. do not come from toxic species or species containing biotoxins;
6. have satisfactorily undergone the organoleptic, parasitological, chemical and microbiological checks 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 Directives 91/493/EEC, Directive 92/48/EEC and Decision 98/424/EC.
Done at , (Place) on (Date)
Official stamp (1) Signature of official inspector (1) (Name in capital letters, capacity and qualifications of person signing)
(1) The colour of the stamp and signature must be different from that of the other particulars in the certificate.
>END OF GRAPHIC>

Pending: 31998D0422

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 Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas a Commission expert has conducted an inspection visit to Tanzania to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of legislation of Tanzania on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas, in Tanzania the Fisheries Division (FD) of the Ministry of Natural Resources and Tourism 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/registration number of the establishment, factory vessel, cold store or freezer vessel of origin;Whereas, pursuant to Article 11(4)(c) of Directive 91/493/EEC, a list of approved establishments, factory vessels or cold stores must be drawn up; whereas a list of freezer vessels registered in the sense of Council Directive 92/48/EEC (2) must be drawn up; whereas this list must be drawn up on the basis of a communication from the FD to the Commission; whereas it is therefore for the FD to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC;Whereas the FD has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval or registration of establishments, factory vessels, cold stores or freezer vessels;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 Fisheries Division (FD) of the Ministry of Natural Resources and Tourism shall be the competent authority in Tanzania for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.

Article 2
Fishery and aquaculture products originating in Tanzania must meet the following conditions:
1. Each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. The products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto;
3. Except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘TANZANIA` and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.

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 where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the FD and the latter’s official stamp in a colour different from that of other endorsements.

Article 4
This Decision is addressed to the Member States.
Done at Brussels, 30 June 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 268, 24. 9. 1991, p. 15.
(2) OJ L 187, 7. 7. 1992, p. 41.

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 Act of Accession of Austria, Finland and Sweden, and in particular Article 11 thereof,Whereas a Commission expert has conducted an inspection visit to Tanzania to verify the conditions under which fishery products are produced, stored and dispatched to the Community;Whereas the provisions of legislation of Tanzania on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;Whereas, in Tanzania the Fisheries Division (FD) of the Ministry of Natural Resources and Tourism 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/registration number of the establishment, factory vessel, cold store or freezer vessel of origin;Whereas, pursuant to Article 11(4)(c) of Directive 91/493/EEC, a list of approved establishments, factory vessels or cold stores must be drawn up; whereas a list of freezer vessels registered in the sense of Council Directive 92/48/EEC (2) must be drawn up; whereas this list must be drawn up on the basis of a communication from the FD to the Commission; whereas it is therefore for the FD to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC;Whereas the FD has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval or registration of establishments, factory vessels, cold stores or freezer vessels;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
The Fisheries Division (FD) of the Ministry of Natural Resources and Tourism shall be the competent authority in Tanzania for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.
Fishery and aquaculture products originating in Tanzania must meet the following conditions:
1. Each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. The products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto;
3. Except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘TANZANIA` and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.
1. Certificates as referred to in Article 2(1) must be drawn up in at least one official language of the Member State where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the FD and the latter’s official stamp in a colour different from that of other endorsements.
This Decision is addressed to the Member States.
Done at Brussels, 30 June 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 268, 24. 9. 1991, p. 15.
(2) OJ L 187, 7. 7. 1992, p. 41.
HEALTH CERTIFICATE for fishery and aquaculture products originating in Tanzania and intended for export to the European Community, excluding bivalve molluscs, echinoderms, tunicates and marine gastropods in whatever form
>START OF GRAPHIC>
Reference No:
Country of dispatch: TANZANIA
Competent authority: Fisheries Division (FD) of the Ministry of Natural Resources and Tourism
I. Details identifying the fishery products
– Description of Fishery – Aquaculture products (1):
– Species (scientific name):
– Presentation of product and type of treatment (2):
– Code number (where available):
– Type of packaging:
– Number of packages:
– Net weight:
– Requisite storage and transport temperature:
II. Origin of products
Name(s) and official approval number(s) of establishment(s), factory vessel(s) or cold store(s) approved or freezer vessel(s) registered by the FD for export to the EC:
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 dispatcher:
Name of consignee and address at place of destination:
(1) Delete where applicable.
(2) Live, refrigerated, frozen, salted, smoked, preserved, etc.
IV. Health attestation
– The official inspector hereby certifies that the fishery or aquaculture products specified above:
1. were caught and handled on board vessels in accordance with the health rules laid down by Directive 92/48/EEC;
2. were landed, handled and where appropriate packaged, prepared, processed, frozen, thawed and stored hygienically in compliance with the requirements laid down in Chapters II, III and IV of the Annex to Directive 91/493/EEC;
3. have undergone health controls in accordance with Chapter V of the Annex to Directive 91/493/EEC;
4. are packaged, marked, stored and transported in accordance with Chapters VI, VII and VIII of the Annex to Directive 91/493/EEC;
5. do not come from toxic species or species containing biotoxins;
6. have satisfactorily undergone the organoleptic, parasitological, chemical and microbiological checks laid down for certain categories of fishery products by Directive 91/493/EEC and in the implementing decisions thereto.
– The official inspector hereby certifies that any person working on and/or handling the fishery or aquaculture products above described have satisfactorily undergone the medical supervision laid down in Chapter III, point II B of the Annex to Directive 91/493/EEC.
– The undersigned official inspector hereby declares that he is aware of the provisions of Directives 91/493/EEC, Directive 92/48/EEC and Decision 98/422/EC.
Done at , (Place) on (Date)
Official stamp (1)
Signature of official inspector (1)
(Name in capital letters, capacity and qualifications of person signing)
(1) The colour of the stamp and signature must be different from that of the other particulars in the certificate.
>END OF GRAPHIC>

Pending: 31998D0357

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 aquaculture animals and products (1), as last amended by Directive 95/22/EC (2), and in particular Article 6 thereof,Whereas it is possible for Member States to obtain for fish farms located in a non-approved zone as regards infectious haematopoietic necrosis (IHN) and viral haemorraghic septicaemia (VHS) the status of approved farm free of these diseases;Whereas by letters dated 23 December 1996, 14 July 1997 and 18 March 1998 Italy has presented to the Commission the grounds on which for IHN and VHS the status of approved farm located in a non-approved zone should be granted to certain farms, and also the national provisions ensuring that the rules relating to maintenance of approval will be respected;Whereas the Commission and the Member States have examined the grounds adduced by Italy for these farms;Whereas this examination has shown that the farms meet all the requirements laid down in Article 6 of Directive 91/67/EEC;Whereas these farms can therefore be given the status of approved farms in a non-approved zone;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 hereto are recognised as approved farms located in a non-approved zone as regards IHN and VHS.

Article 2
This Decision is addressed to the Member States.
Done at Brussels, 18 May 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 46, 19. 2. 1991, p. 1.
(2) OJ L 243, 11. 10. 1995, p. 1.

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 aquaculture animals and products (1), as last amended by Directive 95/22/EC (2), and in particular Article 6 thereof,Whereas it is possible for Member States to obtain for fish farms located in a non-approved zone as regards infectious haematopoietic necrosis (IHN) and viral haemorraghic septicaemia (VHS) the status of approved farm free of these diseases;Whereas by letters dated 23 December 1996, 14 July 1997 and 18 March 1998 Italy has presented to the Commission the grounds on which for IHN and VHS the status of approved farm located in a non-approved zone should be granted to certain farms, and also the national provisions ensuring that the rules relating to maintenance of approval will be respected;Whereas the Commission and the Member States have examined the grounds adduced by Italy for these farms;Whereas this examination has shown that the farms meet all the requirements laid down in Article 6 of Directive 91/67/EEC;Whereas these farms can therefore be given the status of approved farms in a non-approved zone;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 hereto are recognised as approved farms located in a non-approved zone as regards IHN and VHS.
This Decision is addressed to the Member States.
Done at Brussels, 18 May 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 46, 19. 2. 1991, p. 1.
(2) OJ L 243, 11. 10. 1995, p. 1.
FISH FARMS IN ITALY APPROVED AS REGARDS IHN AND VHS
REGION: PROVINCIA AUTONOMA DI TRENTO
Farms located in Noce basin
Ass. Pescatori Solandri (Loc. Fucine)
Farms located in Brenta basin
Campestrin Giovanni
Telve Valsugana (Fontane)
Ittica Resenzola Serafini
Ittica Resenzola Selva
Leonardi F.lli
Levico Terme (S. Giuliana)
Dellai Giuseppe-Trot. Valsugana
Grigno (Fontana Secca, Maso Puele)
Farms located in Adige basin
Margonar Domenico
Ala (Pilcante)
Degiuli Pasquale
Mattarello (Regole)
Tamanini Livio
Vigolo Vattaro
Farms located in Sarca basin
Ass. Pescatori Basso Sarca
Ragoli (Pez)
Stab. Giudicariese La Mola
Tione (Delizia d’Ombra)
Azienda Agricola La Sorgente s.s.
Tione (Saone)
Fonti del Dal s.s.
Lomaso (Dasindo)
Comfish Srl (ex Paletti)
Preore (Molina)
Ass. Pescatori Basso Sarca
Tenno (Pranzo)
Farms located in Chiese basin
Facchini Emiliano
Pieve di Bono (Agrone)

Pending: 31998D0023

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 harmonisation 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 previous Decision 92/546/EEC (2),Having regard to the proposal from the Commission,Whereas, pursuant to Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce or extend special measures for derogation from that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion and avoidance;Whereas, by letter registered at the Commission on 21 February 1997, the United Kingdom requested authorisation to extend application of the derogation measure previously granted to it by Decision 92/546/EEC until 31 December 1996;Whereas the other Member States were informed on 6 May 1997 of the United Kingdom’s request;Whereas, pursuant to Decision 92/546/EEC, the United Kingdom is authorised to introduce a special measure allowing the appropriate authorities to direct that the open-market value be taken as the taxable amount for intra-Community acquisitions of goods where the person acquiring the goods is not a fully taxable person and there are family, legal or business ties, specified in national legislation, between the person acquiring the goods and the supplier;Whereas Decision 92/546/EEC empowered the United Kingdom to supplement a special measure authorised by Council Decision (3), deemed to have been adopted on 11 April 1987, permitting the United Kingdom to direct that the open-market value be taken as the taxable amount for supplies of goods and services or imports where the recipient is a totally or partially exempt person and there are family, legal or business ties, specified in national legislation, between the person supplying the goods or services and the recipient or between the person importing the goods and the person to whom payment for them has to be made;Whereas the purpose of the measure in question is to prevent persons with family, legal or business ties, specified in national legislation, from artificially reducing the prices of taxable transactions;Whereas according to the case law of the Court of Justice of the European Communities (4), national derogation measures which are intended to prevent fraud or tax avoidance are to be interpreted strictly and can be used to derogate from the rules for determining the taxable amount only within the limits strictly necessary to achieve this objective;Whereas, the special measure is to apply only in cases where the administration is able, based on the facts, to conclude that the determination of the taxable amount provided for in Article 28e of Directive 77/388/EEC is influenced by family, business or legal ties between the person who acquires the goods and the supplier; whereas the administration may not act on mere presumptions, and the parties concerned must be allowed to adduce evidence to the contrary where they dispute the level of the open value established by the administration;Whereas the measure is limited in scope insofar as it will apply only to taxable transactions where the recipient is a totally or partially exempt person;Whereas, given the limited scope of the derogation, the special measure is proportionate to the aim pursued;Whereas the Commission adopted on 10 July 1996 a work programme, accompanied by a schedule of proposals, providing for gradual, stage-by-stage progress towards a common VAT system for the internal market;Whereas, as the final package of proposals is scheduled for mid-1999, the authorization is being granted until 31 December 1999 so as to enable an assessment to be made at that time as to whether the derogation measure is consistent with the overall approach adopted under the new common VAT system;Whereas this derogation will have an adverse impact on the Communities’ own resources arising from VAT,HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Article 28e(1) of Directive 77/388/EEC, the United Kingdom is hereby authorized, until 31 December 1999, to apply a special measure allowing the appropriate authorities to direct that the open-market value be taken as the taxable amount for intra-Community acquisitions of goods when the following two conditions are met:
– the person who acquires the goods is not a fully taxable person and there are family, legal or business ties specified in national legislation, between the person acquiring the goods and the supplier,
– a number of facts make it possible to conclude that these family, business or legal ties have influenced the determination of the taxable amount provided for in the said Article 28e.

Article 2
This Decision is addressed to the United Kingdom.
Done at Brussels, 19 December 1997.
For the Council
The President
(1) OJ L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 96/95/EC (OJ L 338, 28. 12. 1996, p. 89).
(2) OJ L 351, 2. 12. 1992, p. 34.
(3) OJ L 132, 21. 5. 1987, p. 22.
(4) See Judgments of 10 April 1984, the Commission/Belgium (324/82, ECR 1984, p. 1861, item 29) and of 29 May 1997, Werner Skripalle (63/96, ECR 1997, p. I-2847).

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 harmonisation 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 previous Decision 92/546/EEC (2),Having regard to the proposal from the Commission,Whereas, pursuant to Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce or extend special measures for derogation from that Directive in order to simplify the procedure for charging the tax or to prevent certain types of tax evasion and avoidance;Whereas, by letter registered at the Commission on 21 February 1997, the United Kingdom requested authorisation to extend application of the derogation measure previously granted to it by Decision 92/546/EEC until 31 December 1996;Whereas the other Member States were informed on 6 May 1997 of the United Kingdom’s request;Whereas, pursuant to Decision 92/546/EEC, the United Kingdom is authorised to introduce a special measure allowing the appropriate authorities to direct that the open-market value be taken as the taxable amount for intra-Community acquisitions of goods where the person acquiring the goods is not a fully taxable person and there are family, legal or business ties, specified in national legislation, between the person acquiring the goods and the supplier;Whereas Decision 92/546/EEC empowered the United Kingdom to supplement a special measure authorised by Council Decision (3), deemed to have been adopted on 11 April 1987, permitting the United Kingdom to direct that the open-market value be taken as the taxable amount for supplies of goods and services or imports where the recipient is a totally or partially exempt person and there are family, legal or business ties, specified in national legislation, between the person supplying the goods or services and the recipient or between the person importing the goods and the person to whom payment for them has to be made;Whereas the purpose of the measure in question is to prevent persons with family, legal or business ties, specified in national legislation, from artificially reducing the prices of taxable transactions;Whereas according to the case law of the Court of Justice of the European Communities (4), national derogation measures which are intended to prevent fraud or tax avoidance are to be interpreted strictly and can be used to derogate from the rules for determining the taxable amount only within the limits strictly necessary to achieve this objective;Whereas, the special measure is to apply only in cases where the administration is able, based on the facts, to conclude that the determination of the taxable amount provided for in Article 28e of Directive 77/388/EEC is influenced by family, business or legal ties between the person who acquires the goods and the supplier; whereas the administration may not act on mere presumptions, and the parties concerned must be allowed to adduce evidence to the contrary where they dispute the level of the open value established by the administration;Whereas the measure is limited in scope insofar as it will apply only to taxable transactions where the recipient is a totally or partially exempt person;Whereas, given the limited scope of the derogation, the special measure is proportionate to the aim pursued;Whereas the Commission adopted on 10 July 1996 a work programme, accompanied by a schedule of proposals, providing for gradual, stage-by-stage progress towards a common VAT system for the internal market;Whereas, as the final package of proposals is scheduled for mid-1999, the authorization is being granted until 31 December 1999 so as to enable an assessment to be made at that time as to whether the derogation measure is consistent with the overall approach adopted under the new common VAT system;Whereas this derogation will have an adverse impact on the Communities’ own resources arising from VAT,HAS ADOPTED THIS DECISION:
By way of derogation from Article 28e(1) of Directive 77/388/EEC, the United Kingdom is hereby authorized, until 31 December 1999, to apply a special measure allowing the appropriate authorities to direct that the open-market value be taken as the taxable amount for intra-Community acquisitions of goods when the following two conditions are met:
– the person who acquires the goods is not a fully taxable person and there are family, legal or business ties specified in national legislation, between the person acquiring the goods and the supplier,
– a number of facts make it possible to conclude that these family, business or legal ties have influenced the determination of the taxable amount provided for in the said Article 28e.
This Decision is addressed to the United Kingdom.
Done at Brussels, 19 December 1997.
For the Council
The President
(1) OJ L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 96/95/EC (OJ L 338, 28. 12. 1996, p. 89).
(2) OJ L 351, 2. 12. 1992, p. 34.
(3) OJ L 132, 21. 5. 1987, p. 22.
(4) See Judgments of 10 April 1984, the Commission/Belgium (324/82, ECR 1984, p. 1861, item 29) and of 29 May 1997, Werner Skripalle (63/96, ECR 1997, p. I-2847).

Pending: 31998D0020

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 harmonisation 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 previous Decision 92/545/EEC (2),Having regard to the Commission report on the application of Decision 92/545/EEC,Having regard to the Commission proposal arising from that report,Whereas, under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce or extend special measures derogating from that Directive in order to simplify the procedure for charging tax or to prevent certain types of tax evasion or avoidance;Whereas, by letter registered at the Commission on 15 November 1996, the Kingdom of the Netherlands requested authorisation to extend the application of the derogation measure previously granted to it for a limited period by Decision 92/545/EEC;Whereas the other Member States were informed on 21 April 1997 of the request from the Kingdom of the Netherlands;Whereas the derogation involves collecting from the ready-to-wear clothing firm the VAT normally due from the subcontractor under Article 21(1)(a) of Directive 77/388/EEC;Whereas the Commission report on the application of the derogation has shown that the derogation measure satisfies the conditions for the application of Article 27 of the said Directive;Whereas the Commission adopted on 10 July 1996 a work programme and a timetable of proposal providing for gradual, step-by-step progress towards a common VAT system for the internal market;Whereas, as the final package of proposals is scheduled for mid-1999, the authorisation is to be granted until 31 December 1999 so as to enable an assessment then to be made of the derogation measure’s consistency with the overall approach of the new common system of VAT;Whereas this derogation will not have an adverse impact on the Community’s own resources accruing from VAT,HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Article 21(1)(a) of Directive 77/388/EEC, the Kingdom of the Netherlands is hereby authorised to apply until 31 December 1999 in the ready-to-wear clothing industry a scheme for shifting the subcontractors obligation to pay over VAT to the tax authorities from the subcontractor to the clothing firm (the contractor).

Article 2
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 19 December 1997.
For the Council
The President
(1) OJ L 145, 13. 6. 1977, p. 1. Directive last amended by Directive 96/95/EC (OJ L 338, 28. 12. 1996, p. 89).
(2) OJ L 351, 2. 12. 1992, p. 33.

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 harmonisation 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 previous Decision 92/545/EEC (2),Having regard to the Commission report on the application of Decision 92/545/EEC,Having regard to the Commission proposal arising from that report,Whereas, under Article 27(1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorise any Member State to introduce or extend special measures derogating from that Directive in order to simplify the procedure for charging tax or to prevent certain types of tax evasion or avoidance;Whereas, by letter registered at the Commission on 15 November 1996, the Kingdom of the Netherlands requested authorisation to extend the application of the derogation measure previously granted to it for a limited period by Decision 92/545/EEC;Whereas the other Member States were informed on 21 April 1997 of the request from the Kingdom of the Netherlands;Whereas the derogation involves collecting from the ready-to-wear clothing firm the VAT normally due from the subcontractor under Article 21(1)(a) of Directive 77/388/EEC;Whereas the Commission report on the application of the derogation has shown that the derogation measure satisfies the conditions for the application of Article 27 of the said Directive;Whereas the Commission adopted on 10 July 1996 a work programme and a timetable of proposal providing for gradual, step-by-step progress towards a common VAT system for the internal market;Whereas, as the final package of proposals is scheduled for mid-1999, the authorisation is to be granted until 31 December 1999 so as to enable an assessment then to be made of the derogation measure’s consistency with the overall approach of the new common system of VAT;Whereas this derogation will not have an adverse impact on the Community’s own resources accruing from VAT,HAS ADOPTED THIS DECISION:
By way of derogation from Article 21(1)(a) of Directive 77/388/EEC, the Kingdom of the Netherlands is hereby authorised to apply until 31 December 1999 in the ready-to-wear clothing industry a scheme for shifting the subcontractors obligation to pay over VAT to the tax authorities from the subcontractor to the clothing firm (the contractor).
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 19 December 1997.
For the Council
The President
(1) OJ L 145, 13. 6. 1977, p. 1. Directive last amended by Directive 96/95/EC (OJ L 338, 28. 12. 1996, p. 89).
(2) OJ L 351, 2. 12. 1992, p. 33.

Pending: 31997D0757

12.11.1997 EN Official Journal of the European Union L 307/33
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. the products must come from approved establishments 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 ‘MADAGASCAR’ and the approval number of the establishment, cooling store or freezing vessel of origin in indelible letters.
Number Name Address Approved until
MAD 111 SV Pêche et froid de l'océan Indien Antsiranana 1. 10. 1998
MAD 101 SV Pêcherie de Nosy Be Nosy Be 1. 10. 1998
MAD 107 SV Réfrigepêche Ouest Mahajanga 1. 10. 1998
MAD 126 SV Aqualma Mahajamba 1. 10. 1998
MAD 151 SV Pêcherie du Menabe Morondava 1. 10. 1998
MAD 104 SV Le Martin-pêcheur Taolagnaro 1. 10. 1998
Number Name Address Approved until
MAD EF 03 Aquamen Tamatave 1. 10. 1998
MAD EF 04 Réfrigepêche Est Tamatave 1. 10. 1998
Number Name Address Approved until
MAD 52-01 SV Aquamen I Aquamen 1. 10. 1998
MAD 52-02 SV Aquamen V Aquamen 1. 10. 1998
MAD 52-03 SV Aquamen VI Aquamen 1. 10. 1998
MAD 52-04 SV Aquamen XI Aquamen 1. 10. 1998
MAD 52-05 SV Aquamen II Aquamen 1. 10. 1998
MAD 52-06 SV Aquamen III Aquamen 1. 10. 1998
MAD 52-07 SV Aquamen IV Aquamen 1. 10. 1998
MAD 52-08 SV Aquamen VII Aquamen 1. 10. 1998
MAD 06-01 SV Rantabe Réfrigepêche Est 1. 10. 1998
MAD 06-02 SV Mangoro Réfrigepêche Est 1. 10. 1998
MAD 06-03 SV Fanantara Réfrigepêche Est 1. 10. 1998
MAD 06-04 SV Rianila Réfrigepêche Est 1. 10. 1998
MAD 07-01 SV Cap St-Augustin Réfrigepêche Ouest 1. 10. 1998
MAD 07-02 SV Cap St-Vincent Réfrigepêche Ouest 1. 10. 1998
MAD 07-03 SV Cap St-Sébastien Réfrigepêche Ouest 1. 10. 1998
MAD 07-04 SV Cap St-André Réfrigepêche Ouest 1. 10. 1998
MAD 07-05 SV Cap Ste-Marie Réfrigepêche Ouest 1. 10. 1998
MAD 07-21 SV Baie d'Ambaro Crustapêche 1. 10. 1998
MAD 07-22 SV Baie de Boina Crustapêche 1. 10. 1998
MAD 51-01 SV Melaky 1 Pêcherie de Menabe 1. 10. 1998
MAD 51-02 SV Melaky 2 Pêcherie de Menabe 1. 10. 1998
MAD 51-03 SV Melaky 3 Pêcherie de Menabe 1. 10. 1998
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 Directive 95/71/EC (2), and in particular Article 11 thereof,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3), as last amended by Directive 96/43/EC (4), and in particular Article 19 (7) thereof,
Whereas a Commission expert has conducted an inspection visit to Madagascar to verify the conditions under which fishery products are produced, stored and dispatched to the Community;
Whereas the provisions of legislation of Madagascar on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;
Whereas, in Madagascar the Direction des services veterinaires (DSV) du ministere de I’elevage 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, cooling store of freezing vessel of origin;
Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments, cooling stores or freezing vessels must be drawn up; whereas that list must be drawn up on the basis of a communication from the DSV to the Commission; whereas it is therefore for the DSV to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;
Whereas the DSV has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments, cooling stores or freezing vessels;
Whereas it is necessary to repeal Commission Decision 97/516/EC of 1 August 1997 concerning certain protective measures with regard to certain fishery products originating in Madagascar (5);
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 Direction des services vétérinaires (DSV) du ministère de I’élevage shall be the competent authority in Madagascar for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.

Article 2
Fishery and aquaculture products originating in Madagascar, must meet the following conditions:
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;
the products must come from approved establishments listed in Annex B hereto;
except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘MADAGASCAR’ and the approval number of the establishment, cooling store or freezing vessel of origin in indelible letters.

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 where the checks are carried out.
2.   Certificates must bear the name, capacity and signature of the representative of the DSV and the latter’s official stamp in a colour different from that of other endorsements.

Article 4
Decision 97/516/EC is repealed.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 6 November 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1)  OJ L 268, 24. 9. 1991, p. 15.
(2)  OJ L 332, 30. 12. 1995, p. 40.
(3)  OJ L 373, 31. 12. 1990, p. 1.
(4)  OJ L 162, 1. 7. 1996, p. 1.
(5)  OJ L 214, 6. 8. 1997, p. 53.

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 Directive 95/71/EC (2), and in particular Article 11 thereof,
Having regard to Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3), as last amended by Directive 96/43/EC (4), and in particular Article 19 (7) thereof,
Whereas a Commission expert has conducted an inspection visit to Madagascar to verify the conditions under which fishery products are produced, stored and dispatched to the Community;
Whereas the provisions of legislation of Madagascar on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC;
Whereas, in Madagascar the Direction des services veterinaires (DSV) du ministere de I’elevage 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, cooling store of freezing vessel of origin;
Whereas, pursuant to Article 11 (4) (c) of Directive 91/493/EEC, a list of approved establishments, cooling stores or freezing vessels must be drawn up; whereas that list must be drawn up on the basis of a communication from the DSV to the Commission; whereas it is therefore for the DSV to ensure compliance with the provisions laid down to that end in Article 11 (4) of Directive 91/493/EEC;
Whereas the DSV has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive for the approval of establishments, cooling stores or freezing vessels;
Whereas it is necessary to repeal Commission Decision 97/516/EC of 1 August 1997 concerning certain protective measures with regard to certain fishery products originating in Madagascar (5);
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
HAS ADOPTED THIS DECISION:
The Direction des services vétérinaires (DSV) du ministère de I’élevage shall be the competent authority in Madagascar for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.
Fishery and aquaculture products originating in Madagascar, must meet the following conditions:
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;
the products must come from approved establishments listed in Annex B hereto;
except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word ‘MADAGASCAR’ and the approval number of the establishment, cooling store or freezing vessel of origin in indelible letters.
1.   Certificates as referred to in Article 2 (1) must be drawn up in at least one official language of the Member State where the checks are carried out.
2.   Certificates must bear the name, capacity and signature of the representative of the DSV and the latter’s official stamp in a colour different from that of other endorsements.
Decision 97/516/EC is repealed.
This Decision is addressed to the Member States.
Done at Brussels, 6 November 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1)  OJ L 268, 24. 9. 1991, p. 15.
(2)  OJ L 332, 30. 12. 1995, p. 40.
(3)  OJ L 373, 31. 12. 1990, p. 1.
(4)  OJ L 162, 1. 7. 1996, p. 1.
(5)  OJ L 214, 6. 8. 1997, p. 53.
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I.   List of approved establishments
Number

Name

Address

Approved until

MAD 111 SV

Pêche et froid de l’océan Indien

Antsiranana

1. 10. 1998

MAD 101 SV

Pêcherie de Nosy Be

Nosy Be

1. 10. 1998

MAD 107 SV

Réfrigepêche Ouest

Mahajanga

1. 10. 1998

MAD 126 SV

Aqualma

Mahajamba

1. 10. 1998

MAD 151 SV

Pêcherie du Menabe

Morondava

1. 10. 1998

MAD 104 SV

Le Martin-pêcheur

Taolagnaro

1. 10. 1998
II.   List of cooling stores
Number

Name

Address

Approved until

MAD EF 03

Aquamen

Tamatave

1. 10. 1998

MAD EF 04

Réfrigepêche Est

Tamatave

1. 10. 1998
III.   List of freezing vessels
Number

Name

Address

Approved until

MAD 52-01 SV

Aquamen I

Aquamen

1. 10. 1998

MAD 52-02 SV

Aquamen V

Aquamen

1. 10. 1998

MAD 52-03 SV

Aquamen VI

Aquamen

1. 10. 1998

MAD 52-04 SV

Aquamen XI

Aquamen

1. 10. 1998

MAD 52-05 SV

Aquamen II

Aquamen

1. 10. 1998

MAD 52-06 SV

Aquamen III

Aquamen

1. 10. 1998

MAD 52-07 SV

Aquamen IV

Aquamen

1. 10. 1998

MAD 52-08 SV

Aquamen VII

Aquamen

1. 10. 1998

MAD 06-01 SV

Rantabe

Réfrigepêche Est

1. 10. 1998

MAD 06-02 SV

Mangoro

Réfrigepêche Est

1. 10. 1998

MAD 06-03 SV

Fanantara

Réfrigepêche Est

1. 10. 1998

MAD 06-04 SV

Rianila

Réfrigepêche Est

1. 10. 1998

MAD 07-01 SV

Cap St-Augustin

Réfrigepêche Ouest

1. 10. 1998

MAD 07-02 SV

Cap St-Vincent

Réfrigepêche Ouest

1. 10. 1998

MAD 07-03 SV

Cap St-Sébastien

Réfrigepêche Ouest

1. 10. 1998

MAD 07-04 SV

Cap St-André

Réfrigepêche Ouest

1. 10. 1998

MAD 07-05 SV

Cap Ste-Marie

Réfrigepêche Ouest

1. 10. 1998

MAD 07-21 SV

Baie d’Ambaro

Crustapêche

1. 10. 1998

MAD 07-22 SV

Baie de Boina

Crustapêche

1. 10. 1998

MAD 51-01 SV

Melaky 1

Pêcherie de Menabe

1. 10. 1998

MAD 51-02 SV

Melaky 2

Pêcherie de Menabe

1. 10. 1998

MAD 51-03 SV

Melaky 3

Pêcherie de Menabe

1. 10. 1998

Pending: 31997D0735

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 10 (4) thereof,Whereas following scientific results on the inactivation of the agents of bovine spongiform encephalopathy (BSE) and scrapie, Commission Decision 96/449/EC (3) has laid down rules for the approval of alternative heat-treatment systems for the processing of mammalian animal waste in the Community;Whereas during recent inspections and bilateral meetings certain Member States indicated that difficulties have been encountered in the implementation of the processing standards laid down in the Annex to Decision 96/449/EC; whereas pending full implementation of those processing standards, mammalian animal waste continues to be treated in systems which are ineffective for the complete inactivation of transmissible spongiform encephalopathy (TSE) agents; whereas Member States may authorize the processing of mammalian animal waste by a method which does not comply with the processing standards set out in the Annex to Decision 96/449/EC if such processing is preceded or followed by a process which achieves the parameters set out in that Annex or if the resulting proteinaceous material is destroyed by burial, incineration, burning as fuel or a similar method which ensures safe disposal;Whereas mammalian meat-and-bone meal not produced in accordance with the Annex to Decision 96/449/EC could represent a risk for animal health regarding transmission of TSE agents; whereas it is necessary to prohibit the sending of such meat-and-bone meal to other Member States except under certain circumstances; whereas, in addition, the same prohibition should also apply to exports to third countries so as to prevent deflections of trade;Whereas some Member States have informed the Commission that they do not have sufficient capacity on their territory to incinerate processed mammalian animal waste which has not been treated in accordance with Decision 96/449/EC and which was derived from carcasses of animals killed in the context of disease-control measures or containing parts of animals excluded from the feed and food chain according to national eradication plans for BSE; whereas such material is an intermediate product; whereas such material may be sent to other Member States for incineration or burning as fuel; whereas it is necessary to set strict conditions to ensure that such material is safely disposed of and cannot enter any food or feed chain; whereas pursuant to Commission Decision 96/239/EC (4), as amended by Decision 96/362/EC (5), that possibility is not applicable to the United Kingdom;Whereas some Member States have informed the Commission that some rendering plants are still in the process of complying with Decision 96/449/EC because of difficulties in the supply of new equipment; whereas in the meantime those plants are not permitted to place their meat-and-bone meal on the market; whereas under Article 4 of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (6), as last amended by the Act of Accession of Austria, Finland and Sweden, a Member State may decide to designate a high-risk processing plant in another Member State after agreement with the other Member State; whereas it is necessary for a transitional period, pending the full implementation of Decision 96/449/EC, to set strict conditions to ensure that such meat-and-bone meal is further processed in the other Member State by a process which achieves the parameters set out in the Annex to that Decision; whereas pursuant to Decision 96/239/EC that possibility is not applicable to the United Kingdom;Whereas mammalian animal waste to which Decision 96/449/EC applies and which has not been processed in accordance with the standards set out in the Annex to that Decision should not be fed to animals; whereas pursuant to Commission Decision 94/381/EC (7), as amended by Decision 95/60/EC (8), the feeding to ruminant species of protein derived from mammalian tissues, with the exception of milk, gelatine, and certain other products, is prohibited;Whereas Article 13 of Directive 90/667/EEC establishes that for the purpose of trade, processed products obtained from high-risk or low-risk materials must be accompanied by a commercial document; whereas recent inspections in Member States have shown that in the absence of uniform commercial documents and in the light of deficiencies in the application of Community legislation, traceability of meat-and-bone meal from production to feeding is not practicable, in particular, for material entering intra-Community trade; whereas in order to guarantee traceability of processed mammalian animal waste entering intra-Community trade, a model of a commercial document must be laid down; whereas, pending full implementation of Decision 96/449/EC, that commercial document should be accompanied by an official declaration that the material was produced in an approved plant which complies with the processing standards laid down in the Annex to Decision 96/449/EC;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
1. Without prejudice to the provisions of Decision 96/239/EC, Member States shall not send to other Member States or third countries processed mammalian animal waste falling within the scope of Decision 96/449/EC which has not been processed in accordance with the parameters laid down in the Annex to Decision 96/449/EC.
2. Member States shall ensure that mammalian animal waste, falling within the scope of Decision 96/449/EC, which has not been processed in accordance with the parameters laid down in the Annex to that Decision cannot enter the feed chain.
Member States shall immediately send a report to the Commission on the application of the measures taken in relation to the provision laid down in the first subparagraph.
3. The prohibitions laid down in paragraphs 1 and 2 shall not apply to the products listed in Article 1 (2) of Decision 96/449/EC.

Article 2
1. For the purpose of trade in processed animal protein intended for animal consumption as defined by Directive 92/118/EEC, the commercial document provided for in Article 13 of Directive 90/667/EEC must conform to the model laid down in Annex I to this Decision.
2. For the purpose of trade in processed mammalian animal protein intended for animal consumption as defined by Directive 92/118/EEC, processed in accordance with the parameters laid down in the Annex to Decision 96/449/EC excluding mixtures and products listed in Article 1 (2) of that Decision, the commercial document must conform to the model laid down in Annex I to this Decision and must be accompanied by an official declaration as laid down in Annex II to this Decision.

Article 3
Member States shall forward to the other Member States and to the Commission the list of the approved establishments processing mammalian animal waste in their territory which operate in accordance with the conditions laid down in Decision 96/449/EC within 15 days after the notification of this Decision. Any modification to the list shall be notified immediately to the other Member States and to the Commission.

Article 4
1. Notwithstanding the provisions of Article 1 (1) and without prejudice to the provisions of Decision 96/239/EC and of Article 1 (2) of Decision 96/449/EC, Member States may send to other Member States processed mammalian animal waste which has not been processed in accordance with the parameters laid down in the Annex to Decision 96/449/EC:
(a) for the purposes of incineration or use as fuel, or
(b) until 31 March 1998, for the purpose of further processing by a process which achieves the parameters set out in the Annex to Decision 96/449/EC.
2. The derogation provided for in paragraph (1) shall apply only if the following conditions are fulfilled:
(a) the Member State of destination must have authorized the receipt of the material;
(b) the material must:
– where it is destined for incineration or use as fuel, be accompanied by an official certificate as laid down in Annex III and the words ‘Not for animal consumption – For incineration or use as fuel only` must be clearly indicated on the containers in the languages of the Member State of origin, destination and transit, or
– where it is destined for further processing, be accompanied by an official certificate as laid down in Annex IV and the words ‘Not for animal consumption – For further processing only` must be clearly indicated on the containers in the languages of the Member State of origin, destination and transit;
(c) the material must be transported in sealed covered containers or vehicles, in such a way as to prevent loss and conveyed directly to the place of incineration or burning as fuel or to the rendering plant;
(d) Member States must inform the Commission and the other Member States of the list of incinerators and power plants authorized to receive material under this Article;
(e) the material may be consigned only to establishments listed pursuant to point (d) and Article 3;
(f) Member States which send material to other Member States must inform by means of the ANIMO system (9) the competent authority of the place of destination of each consignment sent. The words ‘Not for animal consumption – For incineration or use as fuel only` or ‘Not for animal consumption – For further processing only` as appropriate must be contained in the ANIMO message;
(g) Member States of destination must inform by means of the ANIMO system the competent authority of the place of origin of the arrival of each consignment;
(h) Member States of destination must ensure that the designated plants on their territory use the consignment only for the purposes laid down in paragraph 1 and keep full records demonstrating compliance with this Decision.

Article 5
This Decision shall apply as from the day following the date of its notification.
However, Article 2 shall only apply as from the 30th day following the date of notification of this Decision.

Article 6
This Decision is addressed to the Member States.
Done at Brussels, 21 October 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 224, 18. 8. 1990, p. 29.
(2) OJ L 62, 15. 3. 1993, p. 49.
(3) OJ L 184, 24. 7. 1996, p. 43.
(4) OJ L 78, 28. 3. 1996, p. 47.
(5) OJ L 139, 12. 6. 1996, p. 17.
(6) OJ L 363, 27. 12. 1990, p. 51.
(7) OJ L 172, 7. 7. 1994, p. 23.
(8) OJ L 55, 11. 3. 1995, p. 43.
(9) Commission Decision 91/398/EEC, OJ L 221, 9. 8. 1991, p. 30.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 10 (4) thereof,Whereas following scientific results on the inactivation of the agents of bovine spongiform encephalopathy (BSE) and scrapie, Commission Decision 96/449/EC (3) has laid down rules for the approval of alternative heat-treatment systems for the processing of mammalian animal waste in the Community;Whereas during recent inspections and bilateral meetings certain Member States indicated that difficulties have been encountered in the implementation of the processing standards laid down in the Annex to Decision 96/449/EC; whereas pending full implementation of those processing standards, mammalian animal waste continues to be treated in systems which are ineffective for the complete inactivation of transmissible spongiform encephalopathy (TSE) agents; whereas Member States may authorize the processing of mammalian animal waste by a method which does not comply with the processing standards set out in the Annex to Decision 96/449/EC if such processing is preceded or followed by a process which achieves the parameters set out in that Annex or if the resulting proteinaceous material is destroyed by burial, incineration, burning as fuel or a similar method which ensures safe disposal;Whereas mammalian meat-and-bone meal not produced in accordance with the Annex to Decision 96/449/EC could represent a risk for animal health regarding transmission of TSE agents; whereas it is necessary to prohibit the sending of such meat-and-bone meal to other Member States except under certain circumstances; whereas, in addition, the same prohibition should also apply to exports to third countries so as to prevent deflections of trade;Whereas some Member States have informed the Commission that they do not have sufficient capacity on their territory to incinerate processed mammalian animal waste which has not been treated in accordance with Decision 96/449/EC and which was derived from carcasses of animals killed in the context of disease-control measures or containing parts of animals excluded from the feed and food chain according to national eradication plans for BSE; whereas such material is an intermediate product; whereas such material may be sent to other Member States for incineration or burning as fuel; whereas it is necessary to set strict conditions to ensure that such material is safely disposed of and cannot enter any food or feed chain; whereas pursuant to Commission Decision 96/239/EC (4), as amended by Decision 96/362/EC (5), that possibility is not applicable to the United Kingdom;Whereas some Member States have informed the Commission that some rendering plants are still in the process of complying with Decision 96/449/EC because of difficulties in the supply of new equipment; whereas in the meantime those plants are not permitted to place their meat-and-bone meal on the market; whereas under Article 4 of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC (6), as last amended by the Act of Accession of Austria, Finland and Sweden, a Member State may decide to designate a high-risk processing plant in another Member State after agreement with the other Member State; whereas it is necessary for a transitional period, pending the full implementation of Decision 96/449/EC, to set strict conditions to ensure that such meat-and-bone meal is further processed in the other Member State by a process which achieves the parameters set out in the Annex to that Decision; whereas pursuant to Decision 96/239/EC that possibility is not applicable to the United Kingdom;Whereas mammalian animal waste to which Decision 96/449/EC applies and which has not been processed in accordance with the standards set out in the Annex to that Decision should not be fed to animals; whereas pursuant to Commission Decision 94/381/EC (7), as amended by Decision 95/60/EC (8), the feeding to ruminant species of protein derived from mammalian tissues, with the exception of milk, gelatine, and certain other products, is prohibited;Whereas Article 13 of Directive 90/667/EEC establishes that for the purpose of trade, processed products obtained from high-risk or low-risk materials must be accompanied by a commercial document; whereas recent inspections in Member States have shown that in the absence of uniform commercial documents and in the light of deficiencies in the application of Community legislation, traceability of meat-and-bone meal from production to feeding is not practicable, in particular, for material entering intra-Community trade; whereas in order to guarantee traceability of processed mammalian animal waste entering intra-Community trade, a model of a commercial document must be laid down; whereas, pending full implementation of Decision 96/449/EC, that commercial document should be accompanied by an official declaration that the material was produced in an approved plant which complies with the processing standards laid down in the Annex to Decision 96/449/EC;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:
1. Without prejudice to the provisions of Decision 96/239/EC, Member States shall not send to other Member States or third countries processed mammalian animal waste falling within the scope of Decision 96/449/EC which has not been processed in accordance with the parameters laid down in the Annex to Decision 96/449/EC.
2. Member States shall ensure that mammalian animal waste, falling within the scope of Decision 96/449/EC, which has not been processed in accordance with the parameters laid down in the Annex to that Decision cannot enter the feed chain.
Member States shall immediately send a report to the Commission on the application of the measures taken in relation to the provision laid down in the first subparagraph.
3. The prohibitions laid down in paragraphs 1 and 2 shall not apply to the products listed in Article 1 (2) of Decision 96/449/EC.
1. For the purpose of trade in processed animal protein intended for animal consumption as defined by Directive 92/118/EEC, the commercial document provided for in Article 13 of Directive 90/667/EEC must conform to the model laid down in Annex I to this Decision.
2. For the purpose of trade in processed mammalian animal protein intended for animal consumption as defined by Directive 92/118/EEC, processed in accordance with the parameters laid down in the Annex to Decision 96/449/EC excluding mixtures and products listed in Article 1 (2) of that Decision, the commercial document must conform to the model laid down in Annex I to this Decision and must be accompanied by an official declaration as laid down in Annex II to this Decision.
Member States shall forward to the other Member States and to the Commission the list of the approved establishments processing mammalian animal waste in their territory which operate in accordance with the conditions laid down in Decision 96/449/EC within 15 days after the notification of this Decision. Any modification to the list shall be notified immediately to the other Member States and to the Commission.
1. Notwithstanding the provisions of Article 1 (1) and without prejudice to the provisions of Decision 96/239/EC and of Article 1 (2) of Decision 96/449/EC, Member States may send to other Member States processed mammalian animal waste which has not been processed in accordance with the parameters laid down in the Annex to Decision 96/449/EC:
(a) for the purposes of incineration or use as fuel, or
(b) until 31 March 1998, for the purpose of further processing by a process which achieves the parameters set out in the Annex to Decision 96/449/EC.
2. The derogation provided for in paragraph (1) shall apply only if the following conditions are fulfilled:
(a) the Member State of destination must have authorized the receipt of the material;
(b) the material must:
– where it is destined for incineration or use as fuel, be accompanied by an official certificate as laid down in Annex III and the words ‘Not for animal consumption – For incineration or use as fuel only` must be clearly indicated on the containers in the languages of the Member State of origin, destination and transit, or
– where it is destined for further processing, be accompanied by an official certificate as laid down in Annex IV and the words ‘Not for animal consumption – For further processing only` must be clearly indicated on the containers in the languages of the Member State of origin, destination and transit;
(c) the material must be transported in sealed covered containers or vehicles, in such a way as to prevent loss and conveyed directly to the place of incineration or burning as fuel or to the rendering plant;
(d) Member States must inform the Commission and the other Member States of the list of incinerators and power plants authorized to receive material under this Article;
(e) the material may be consigned only to establishments listed pursuant to point (d) and Article 3;
(f) Member States which send material to other Member States must inform by means of the ANIMO system (9) the competent authority of the place of destination of each consignment sent. The words ‘Not for animal consumption – For incineration or use as fuel only` or ‘Not for animal consumption – For further processing only` as appropriate must be contained in the ANIMO message;
(g) Member States of destination must inform by means of the ANIMO system the competent authority of the place of origin of the arrival of each consignment;
(h) Member States of destination must ensure that the designated plants on their territory use the consignment only for the purposes laid down in paragraph 1 and keep full records demonstrating compliance with this Decision.
This Decision shall apply as from the day following the date of its notification.
However, Article 2 shall only apply as from the 30th day following the date of notification of this Decision.
This Decision is addressed to the Member States.
Done at Brussels, 21 October 1997.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 224, 18. 8. 1990, p. 29.
(2) OJ L 62, 15. 3. 1993, p. 49.
(3) OJ L 184, 24. 7. 1996, p. 43.
(4) OJ L 78, 28. 3. 1996, p. 47.
(5) OJ L 139, 12. 6. 1996, p. 17.
(6) OJ L 363, 27. 12. 1990, p. 51.
(7) OJ L 172, 7. 7. 1994, p. 23.
(8) OJ L 55, 11. 3. 1995, p. 43.
(9) Commission Decision 91/398/EEC, OJ L 221, 9. 8. 1991, p. 30.
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