24.9.91 Official Journal of the Europeah Communities No L 268/15 COUNCIL DIRETTIVE of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (91/493/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposals from the Commission (?), Having regard to the opinions of the European Parliament (2), Having regard to the opinions of the Economic and Social Committee (3), Whereas, with a view to achieving the internal market and more especially to ensuring the smooth operation of the common organization of the market in fishery products established by Regulation (EEC) No 3796/81 (), as last amended by Regulation (EEC) No 2886/89 (%), it is essential that the marketing of fish and fish products should no longer be hindered by disparities existing in the Member States in respect of health requirements; whereas this will enable production and placing on the market to be better harmonized and bring about competition on equal terms, whilst ensuring quality products for the consumer; Whereas the European Parliament in its legislative resolution of 17 March 1989 (¢) requested the Commission to come forward with comprehensive proposals on the hygienic production and placing on the market of fishery products, including solutions for the problem of nematodes; Whereas fishery products freshly caught are in principle free of contamination with micro-organisms; whereas however contamination and subsequent decomposition may occur when handled and treated unhygienically; Whereas therefore the essential requirements should be laid down for the correct hygienic handling of fresh and processed fishery products at all stages of production and during storage and transport; (1) OJ No C 66, 11. 3. 1988, p. 2; O] No C 282, 8. 11. 1989, p. 7 and O] No C 84, 2. 4. 1990, p. 56. @) OJ No C96, 17. 4. 1989, p.29 and O] No C 183, ©15.7.1991. (3) O] No C134, 24. 5. 1988, p.31 and O] No C 332, 31.12. 1990, p. 59. (*) OJ No L 379, 31. 12. 1981, p. 1. (5) O] No L 282, 2. 10. 1989, p. 1. (¥) O] No C 96, 17. 4. 1989, p. 199. Whereas it is appropriate to apply by analogy certain marketing standards which are laid down pursuant to Article 2 of Regulation (EEC) No 3796/81, in order to fix the health quality of these products; ) Whereas it is the responsibility primarily of the fisheries industry to ensure that fishery products meet the health requirements laid down in this Directive; Whereas the competent authorities of the Member States must, by carrying out checks and inspections, ensure that producers and manufacturers comply with the said requirements; Whereas Community control measures should be introduced to guarantee the uniform application in all Member States of the standards laid down in this Directive; Whereas, in order to ensure the smooth operation of the internal market, the measures should apply in an identical manner to trade within the Member States and to trade between the Member States; Whereas in the context of intra-Community trade, the rules laid down in Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (?) as amended by Directive 90/675/EEC (#) apply to fishery products; Whereas fishery products from third countries intended to be placed on the market of the Community must not qualify for more favourable arrangements than those applied in the Community; whereas provision should therefore be made for a Comimunity procedure for the inspection in third countries of the conditions of production and placing on the market in order to permit the application of a common import system based on conditions of equivalence; Whereas the products in question are subject to the rules concerning checks and to safeguard measures covered by Council Directive 90/675/EEC of 10 December 1990 laying down the principles governing the organization of veterinary checks on products entering the Community from third countries; Whereas, so that account may be taken of particular circumstances, derogations should be granted to -some establishments already operating before 1 January 1993 so as to allow them to adapt to all the requirements laid down in this Directive; () OJ No L 395, 30. 12. 1989, p. 13. (®) O] No L 373, 31. 12. 1990, p. 1.