Key Benefits:
Decision of 25 January 1995, containing the Warenwetdecisionon Fishery Products
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Health, Welfare and Sport of 3 October 1994 n DGVgz/VVP/L 942046, done in accordance with Our Minister for Economic Affairs and Our Minister of Agriculture, Nature Management and Fisheries;
Having regard to the Directive No 91 /493/EEC of the Council of the European Communities of 22 July 1991 laying down the health rules for the production and the placing on the market of fishery products ( PbEG L 268);
on the Directive No 91 /492/EEC -of the Council of the European Communities of 15 July 1991 laying down the health rules for the production and placing on the market of live bivalve molluscs ( PbEG L 268);
to the Decision No M (85) 4 of the Committee of Ministers of 26 September 1985 introducing a sanitary arrangement for intra-Benelux traffic for imported shrimps or prawns containing shrimps;
to Article II, first paragraph of the Amending Law 1988 Commodity law Jo. The Articles 14 and 16 of the Warenwet ( Stb. 1935, 793);
as well as Article 1 Fourth and fifth paragraph, point 4, first paragraph, point 5, first paragraph, point A and B , and 6th member, 6, under A and Ed , 8, bottom B and C , 9, bottom B , 12 , 13 and 14 of the Warenwet ;
Having regard to the opinion of the Advisory Committee Commodity law (14 775/ (19/4/ 6) 5);
The Council of State heard (opinion delivered on 20 December 1994, No W13.94 0611);
Having regard to the further report by Our Minister for Health, Welfare and Sport of 19 January 1995 n DGVgz/VVP/L 9569, released in agreement with Our Minister for Economic Affairs and Our Minister of Agriculture, Nature Management and Fisheries;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Fishery products : all marine or freshwater animals or parts thereof, including roe and hom, except aquatic mammals and frogs;
b. Aquaculture products : all fishery products produced and raised from eggs, under conditions controlled by man, until they are placed on the market as a food. Marine and freshwater fish or marine and freshwater crustaceans caught in the juvenile stage in their natural environment and grown up until they have reached the desired size to be disposed of for human consumption shall also be regarded as Aquaculture products. Fish and crustaceans of suitable commercial size caught in their natural environment and kept alive to be sold at a later date shall not be considered as aquaculture products if they are alive in fishing ponds. are kept and are not being tried to increase their size or weight.
c. Bivalve molluscs : Carnivous molluscs (Lamellibranchiata), such as oysters, mussels and cockles;
ed. Establishment : each area in which fishery products are processed, processed, chilled, frozen, packed or stored, with the exception of fishing vessels, deposits, wholesale markets, purification centres and dispatch centres;
e. Exit : a building where fishery products are mainly auctioned and sorted, displayed or stored and marketed in large;
f. wholesale market : a market in which fishery products are exclusively sorted, displayed or stored and marketed in large;
g. Purification centre : a water basins centre equipped with naturally clean sea water or with suitable treatment clean seawater, in which live bivalve molluscs are kept for the time necessary to meet the requirements of the to eliminate the microbiological contaminants, so that they become suitable for human consumption;
h. Dispatch Centre : any land established or floating on the land intended for reception, dilution, washing, cleaning, sorting and packaging of live bivalve molluscs that are suitable for human consumption;
i. Fishery products : Directive No 91 /493/EEC of the Council of the European Communities of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products;
j. Directive on bivalve molluscs : Directive No 91 /492/EEC to the Council of the European Communities of 15 July 1991 laying down the health rules for the production and placing on the market of live bivalve molluscs;
k. Shrimp Decision : Decision No M (85) 4 of the Committee of Ministers of 26 September 1985 introducing a sanitary arrangement for intra-Benelux traffic for imported shrimps or prawns containing shrimps;
l. third country : a country which is not a member of the European Union and is not a party to the Agreement on the European Economic Area;
m. within Dutch territory bring : to bring it from a third country into Dutch territory;
n. Directive 92 /118/EEC : Directive No 92 /118/EEC -of the Council of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to these requirements rules referred to in Annex A, Chapter l, of Directive 89 /662/EEC , and with regard to pathogens, from Directive 90 /425/EEC (PbEG L 62);
o. Snails : terrestrial gastropods of the species Helis pomatia Linneus, Helix aspersa Muller and Helix lucorum, and species belonging to the Achatinidae.
P. Frogs ' legs : the rear part of the genus Rana sp. (family Ranidae), transversally slit behind the front limbs, stripped and skinned, fresh, frozen or processed;
q. Regulation (EU) No 1379/2013 Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Regulations (EC) No 149/2013 of the European Parliament and of the Council 1184/2006 and (EC) No Council and the repeal of Regulation (EC) No 416/EC of the European Parliament and of the Commission Regulation (EC) No 104/2000 (PbEU 2013, L 354);
r. Regulation (EC) No 1224/2009 Regulation (EC) Council Directive of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 412/2009 and Regulations (EC) No 1224/2009 of the European Parliament and of the Council concerning the common fisheries policy. (EC) No 847/96, (EC) No Member of the Commission. CAS No 811/2004, (EC) No CAS No 768/2005 (EC) No 768/2005 No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 388/2006 No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1098/2007 1300/2008, (EC) No (EEC) No 1342/2008 and repealing Regulations (EEC) No 1342/2008 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (PbEU 2009, L 343).
1 It shall be prohibited to treat, handle, prepare, process or trade fishery products, snails and frogs ' legs which do not comply with the rules laid down in this Decision.
2 It shall be prohibited to treat, edit, prepare, process, retain, hold, carry, transport or package fish products, snails and frog butts, other than in compliance with the provisions of or pursuant to this Decision rules.
3 It shall be prohibited to trade fishery products, snails and frogs ' buttocks, in respect of which, by way of derogation from the rules laid down by this Decision, it shall be prohibited.
4 It is prohibited to trade fishery products, snails and frogs ' buttocks, other than in a package which complies with the requirements of this Decision.
5 It shall be prohibited to trade fishery products, snails and frogs ' buttocks, other than in compliance with the provisions laid down in this Decision concerning the use of particulars.
6 It shall be prohibited to trade, using the terms indicated in this Decision, other goods than those to which those terms are reserved for the purposes of this Decision.
7 The treatment, handling, preparation, processing, storage or packaging of fishery products, snails and frog butts shall be prohibited in establishments which are not recognised in accordance with the rules laid down in this Decision.
8 It shall be prohibited to treat or edit live bivalve molluscs in purification centres which have not been approved in accordance with the rules laid down in this Decision.
9 It shall be prohibited to treat, edit or package live bivalve molluscs in dispatch centres which have not been approved in accordance with the rules laid down in this Decision.
10 It shall be prohibited to produce fishery products, snails and frogs ' buttocks within the territory of the Netherlands other than in accordance with the rules laid down in or pursuant to this Decision.
11 It shall be prohibited to act in breach of Article 34, first paragraph, 35, first, second and third paragraphs, Article 37, second paragraph, Article 38, first paragraph, or Article 39, first, third and fourth members, of Regulation (EU) 1379/2013.
1 In the case of an examination which does not determine whether or not the rules laid down in this Decision are fulfilled, the methods set out in this Decision shall be determined by reference to microbiological and biochemical research methods, physico-chemical separation and detection methods and organoleptic methods of research.
2 Our Minister may lay down detailed rules on the methods referred to in paragraph 1.
1 The term "caviar" may be used solely for the husk of sturgeon-like fish (chrondrosteï).
2 For the months of May to September only, the term 'new herring', 'Dutch new' or 'new measures' may be used for herring caught in the said months of the year in which it is traded.
Small quantities of products sold directly from fishing vessels to consumers shall not be required to satisfy the requirements laid down in Article 35 (1) of Regulation (EU) No 1379/2013, provided that the quantities are not higher than the value, referred to in Article 58, eighth paragraph of Regulation (EC) 1224/2009.
The list of trade names provided for in Article 37 (1) of Regulation (EU) No 1379/2013 shall be adopted by Ministerial Regulation.
This Decision shall enter into force from the day following the date of issue of the State Sheet where it is placed.
This decision is referred to as: "Department of Commodities" Fishery Products, snails and frogs ' buttocks.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 25 January 1995
Beatrix
The Minister for Health, Welfare and Sport,
E. Borst-Eilers
Published the ninth of February 1995The Minister of Justice,
W. Sorgdrager
