The issue I believe is governed by the Rules of Origin Protocol where EU
vessels would have no problem satisfying the requirement. The defined
category below will not qualify so duty has to be paid regardless whether
the fish is processed in Europe, any of their territories or any ACP country
for that matter. Exports certificates would be issued but not originating
certificates unless their is a derogation quota for the country where the
processing is done.
I hope that you will find the above of some help.
Mitieli Baleivanualala.
-----Original Message-----
From: owner-seafood@ucdavis.edu [mailto:owner-seafood@ucdavis.edu]On
Behalf Of Charles Daxboeck
Sent: Saturday, February 16, 2002 8:42 AM
To: seafood@ucdavis.edu
Subject: fish transshipment rules
Aloha to all.
I am posting this in hopes that someone out there can give me a definitive
answer to a particular fish import problem. It is only marginally related to
HACCP/seafood safety.
Here is the situation. There is a fleet of US and Canadian jig boats
(surface troll for albacore on high seas in North and South Pacific for
those not familiar) that sells the load for canning either in Pago or
elsewhere. They either use brine (at -9°C) or blast and dry hold (-18 °C) to
freeze and store fish. Given they all have temperature measuring devices,
that temps. are recorded and that general "good manufacturing practices" are
observed, these vessel sometimes offload and transship to Europe. The EU
requires vessels registration in Brussels, and the product is inspected and
has EU "health certificate" signed and stamped by the appropriate competent
authority in the country of transshipment, assuming that country has a EU
certified (with permit #) on shore facility. Now the dilemma. Let us suppose
that a US register jig boat arrives in, say Tahiti, which has (or will soon
have) a facility with EU export permit #, and wishes to transship its
brine-frozen albacore to Europe. The US vessel normally should be registered
with Brussels, but if it is not, could the competent authority in French
Polynesia (Veterinary Inspection Service) sign and register this vessel for
Europe, or would it necessarily have to be done by a US Authority (say
NOAA/NMFS) with an on-site visit ? If the facility has its EU export
agreement # and is used as the transshipment facility, does either FDA or
NMFS necessarily have to inspect the operation and then issue its EU health
certificate by on-site inspectors (since the fish are considered American
from the legal point of origin view (although they are of FAO zone 77 origin
for Europe), or could the French Polynesian Veterinary Inspection Service
observe, inspect, and sign the necessary export health certificate so that
the reefers arrive in Europe with all necessary paperwork ??????
Thank you all for your kind assistance in this rather complicated
administrative jungle. If you wish, you may contact me directly rather than
posting on the mailing list at : biodax@mail.pf
Sincerely,
Dr. Charles Daxboeck
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