[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29184-29185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14475]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP45


2009 European Union Export Certification for Fishery Products

AGENCY: Seafood Inspection Program (SIP), National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice of procedural change.

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SUMMARY: The National Oceanic and Atmospheric Administration Seafood 
Inspection Program (NOAA SIP) will become the sole certifying agency 
for all fish and fishery products for export to European Union (EU) or 
European Free Trade Association (EFTA) member countries. Due to the 
large volume of demand for these certificates and the need for 
expedient service, SIP, through this notice, is announcing a change 
from current practices, including fee structure, for providing Health 
Certificates for the EU and EFTA.

DATES: Effective June 16, 2009.

FOR FURTHER INFORMATION CONTACT: Timothy Hansen, 
[email protected], Program Director SIP NMFS/NOAA (301) 713-2355 
EXT. 214

SUPPLEMENTARY INFORMATION:

Background

    On January 15, 2009 (74 FR 2600), the U.S. Food and Drug 
Administration (FDA) published a Federal Register Notice announcing 
that after February 17, 2009, FDA will no longer issue health 
certificates required by the EU for export of fish or fishery products 
to the EU or the EFTA. By subsequent notice in the Federal Register on 
February 11, 2009 (74 FR 6902), FDA announced a 120-day delay in the 
effective date of the January 15, 2009 notice. FDA now intends to cease 
issuing EU Health Certificates on June 17, 2009. The U. S. Department 
of Commerce Seafood Inspection Program will continue to issue these 
certificates upon request on a fee-for-service basis.
    The Seafood Inspection Program of the National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce, operating under authority of the Agricultural 
Marketing Act (7 U.S.C. 1621 et seq.) and the Fish and Wildlife Act (16 
U.S.C. 742a et seq.), is responsible for the development and 
advancement of commercial grade standards for fishery products and 
better health and sanitation standards in the industry and for 
furnishing inspection, evaluation, analytical, grading, and 
certification services to interested parties. Its major purpose is to 
encourage and assist the industry in improving the quality, 
wholesomeness, safety, proper labeling, and marketability of its 
products.
    In 1993, the EU began requiring health certificates for fish and 
fishery products that entered the EU. Both the FDA and SIP were 
recognized by the EU as competent U.S. Government authorities and 
acceptable sources for EU health certificates. The EU also required 
that shippers to the EU be on a list of firms that demonstrated 
compliance with the U.S. food safety laws and regulations. Since 1993, 
FDA has issued health certificates for seafood processing firms 
appearing on the EU Export Certificate List free of charge. By 
contrast, SIP examined the product and labeling, confirmed all the 
shipping information and issued health certificates on a fee for 
service basis. FDA initially issued approximately 3000 certificates per 
year, but as European demand for U.S. fishery products increased over 
the years, the number of certificates issued annually by FDA has grown 
ten-fold to over 30,000. FDA currently issues about 80 percent of all 
EU health certificates. The increased volume of certificates issued and 
concomitant decrease in agency resources has made FDA reassess its 
involvement in the issuance of EU health certificates.

New Procedures for Receiving EU Certificates From SIP

    Effective immediately, SIP policy is as follows: SIP, upon request, 
will issue EU Health Certificates to SIP program participants and rely 
on inspection results or an approved control system, e.g. the Hazard 
Analysis and Critical Control Points Quality Management Program (HACCP 
QMP) or the Integrated Quality Assurance (IQA) Program, to issue the 
certificate. Seafood processors and other entities that are not SIP 
program participants may receive EU Health Certificates from SIP based 
on a periodic verification of the information provided, compliance of 
the product labeling to EU requirements and the condition of the 
product. Instructions for requesting an EU Health Certificate can be 
found on the SIP Web site at:http://www.seafood.nmfs.noaa.gov.
    All applicants for EU Health Certificates must be in regulatory 
good standing with the FDA and must be on the FDA's EU Export 
Certificate List. In addition, prior to the issuance of EU Health 
Certificates, all applicants will be required to sign an agreement 
including, but not limited to, the following provisions:
     The applicant agrees to allow SIP auditors or EC Food and 
Veterinary auditors entrance to the processing facility at reasonable 
times when periodic audits occur.
     The applicant agrees to keep information about the origin 
of foreign raw material to ensure that it was produced in a firm and 
country that are approved by the EC, make this information available to 
SIP auditors upon request and provide this information for each 
certificate request when foreign product is to be certified by SIP.
     The applicant acknowledges that s/he has read the terms 
and conditions of the agreement and understands that making false 
statements in connection with issuance of an EU Health Certificate 
would be a violation of 7 U.S.C.1622(h), punishable by a fine of not 
more than $1,000 or imprisonment for not more than one year, or both.

Fee Structure

Program Participants

    For participants in SIP's continuous on-site inspection service 
program, certificates will be provided at no extra cost assuming that 
the work demands can be adequately addressed in the agreed upon 
contract hours. If additional time is needed for EU Health Certificate 
completion, it will be charged at the appropriate hourly rate, 
published on the SIP Web site. EU Health Certificates for facilities 
operating under the HACCP QMP or the IQA Program will be charged $50 
for each EU Health Certificate request. Participants may choose to 
contract specifically for EU Health Certificate services if there is a 
significant volume.

Non-Program Participants

    Seafood processors and other entities that are not SIP program 
participants will be charged $69 for each EU Health Certificate 
request. Fees and charges may be adjusted as necessary to recover 
costs. Changes in this fee structure will be announced via notice in 
the Federal Register.


[[Page 29185]]


    Dated: June 16, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-14475 Filed 6-16-09; 4:15 pm]
BILLING CODE 3510-22-S