L 280/26 Official Journal of the European Union 31.8.2004 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 July 2004 amending Decision 2003/804/EC as regards imports of live molluscs for human consumption (notified under document number C(2004) 2613) (Text with EEA relevance) (2004/623[EC) 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 ('), and in particular Article 20(1) and Article 21(2) thereof, Whereas: (1)  Commission Decision 2003/804/EC of 14 November 2003 laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying (4) or human consumption (), sets out the specific animal health conditions for imports of live molluscs into the Community from third countries. (2) It is necessary to take into consideration that imports of small quantities of molluscs, often high-value products, directly for retail sale to supermarkets or restaurants, may represent a low animal health risk, as these consignments are not for further growth, fattening, or relaying in Community waters. The requirements laid down in 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(}), and 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 (¥, give the appropriate level of protection as regards live molluscs packed in packages of a size suitable for retail sale to restaurants or directly to the consumer, provided the molluscs do not come in contact with Community waters. Additional animal health certification for such consignments should not be necessary. It is further necessary to take into consideration the possibility that imports of live molluscs, which would not fully comply with the requirements laid down in Article 3 of Decision 2003/804/EC for situations where the molluscs are bound for further processing, could be channelled to import centres approved according to Article 8 of Decision 2003/804/EC, and packed in packages of a size suitable for retail sale to restaurants or directly to the consumer. In such situations, the imported molluscs will not come in direct contact with natural waters in the Community. () OJ L 46, 19.2.1991, p. 1. Directive as last amended by Regulation (®) OJ L 268, 24.9.1991, p. 1. Directive as last amended by Regulation (EQ) No 806/2003 (O] L 122, 16.5.2003, p. 1). (EQ) No 806/2003. () OJ L 302, 20.11.2003, p. 22. Decision as amended by Decision (*) OJ L 268, 24.9.1991, p. 15. Directive as last amended by Regulation 2004/319/EC (O] L 102, 7.4.2004, p. 73). (EC) No 806/2003.