24.9.91 Official Journal of the European Communities No L 268/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs . (91/492/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 proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, with a view to achieving the internal market and more especially to ensure 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 placing on the market of live bivalve molluscs 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 while ensuring quality products for the consumer. Whereas Council Directive 79/923/EEC of 30 October 1979 on the quality required of shelifish waters (¢) lays down that it is necessary to establish the health requirements to be observed for shellfish products; (') OJ No C 84, 2. 4. 1990, p. 29. (2) OJ No C 183, 15. 7. 1991. (%) O] No C 332, 31. 12. 1990, p. 1. (*) O No L 379, 31. 12. 1981, p. 1. (*) OJ No L 282, 2. 10. 1989, p. 1. () O] No L 281, 10. 11. 1979, p. 47. Whereas these requirements should be laid down for all stages during harvesting, handling, storage, transport and distribution of live bivalve molluscs in order to safeguard the public health of consumers; whereas these requirements shall apply equally to echinoderms, tunicates and marine gastropods; Whereas it is important, should a health problem occur after the placing on the market of live bivalve molluscs to be able to . trace back the establishment of dispatch and the harvesting . area of origin; whereas it is therefore necessary to introduce a registration and labelling system which will enable the route of a batch after harvesting to be followed; Whereas it is important that the public health standards for the final product must be specified; whereas, however, scientific and technological knowledge is not always advanced enough to lay down definitive solutions for certain health problems and whereas it is therefore necessary, in order to guarantee optimal protection of public health, to set up a Community system to ensure rapid adoption and where necessary reinforcement of the health standards to safeguard human health from virus contamination or other hazards; Whereas live ‘bivalve molluscs obtained from harvesting areas which 'do not permit direct, safe consumption may be rendered safe by submitting them to a purification process or by relaying in clean water over a relatively long period; whereas it is therefore necessary to define production areas from which molluscs can bet gathered for direct human consumption, or from which they have to be purified or relayed; Whereas it is primarily the responsibility of the producers to ensure that the bivalve molluscs are produced and placed on the market in compliance with the health requirements prescribed; whereas the competent authorities must, by