EN    EN EN 
SANCO/5322/2009 rev 1  
EN    EN   COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels,  
C(2009) final 
Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 1251/2008 as re gards the list of third countries and 
territories from which certain crustaceans and ornamental aquatic animals may be 
imported into the Community 
  
EN 2   EN Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 1251/2008 as re gards the list of third countries and 
territories  from which certain crustaceans  and ornamental aquatic animals may be 
imported into the Community 
(Text with EEA relevance) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Council Directive 2006/88/ EC of 24 October 2006 on animal health 
requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals
1, and in particular Article 22 thereof, 
Whereas: (1) Directive 2006/88/EC lays down the animal h ealth requirements to be applied for the 
placing on the market, the importation into and the transit through the Community of 
aquaculture animals and products thereof. That Directive provides that aquaculture 
animals and products thereof are to be intr oduced into the Community only from third 
countries or parts of third countries that  appear on a list dr awn up and updated in 
accordance with the procedure referred to therein. 
(2) Article 11 of Commission Regulation (EC) No 1251/2008 of 12 December 2008 
implementing Council Directive 2006/88/EC as regards conditions and certification 
requirements for the placing on the market  and the import into the Community of 
aquaculture animals and products thereof and laying down a list  of vector species
2 lays 
down the rules applicable to the import of ornamental aquatic animals intended for closed ornamental facilities.  
(3) Pursuant to Article 11(2) of  that Regulation, Member St ates are to authorise the 
imports of ornamental fish which are not of susceptible species to any of the diseases 
listed in Part II of Annex IV to Dir ective 2006/88/EC, and ornamental mollusc and 
ornamental crustaceans intended for closed ornamental facilities only from third 
countries or territories that are members of  the World Organisation for Animal Health 
(OIE). That provision ensures that relevant  epidemiological data related to those 
animals is made available to all OIE members.  
                                                
 
1 OJ L 328, 24.11.2006, p. 14. 
2  OJ L 337, 16.12.2008, p. 41.  
EN 3   EN (4) Annex III to Regulation (EC) No 1251/2008 la ys down a list of third countries, 
territories, zones or compartments from which imports are permitted of aquaculture animals intended for farming, put and take fi sheries and open orna mental facilities, 
and of ornamental fish susceptible to one or more of the diseases listed in Part II of 
Annex IV to Directive 2006/88/EC and inte nded for closed ornamental facilities. 
(5) The Secretariat of the Pacific Community ( SPC) is an internati onal organisation that 
provides technical assistance, policy advice, training and research services to 22 
Pacific Island countries and territories in areas such as health, human development, 
agriculture, forestry and fisheries. Certain SPC members are not members of the OIE.  
(6) The OIE and the SPC concluded an Agreem ent in September 1999. Pursuant to that 
Agreement, the SPC is to encourage those of  its members that are not members of the 
OIE to participate in the OIE information network for animal health and aquatic animal health.  
(7) The Annex to that Agreement, concluded by the SPC and the OIE on 10 April 2003, 
lays down the terms of collaboration betw een both parties for the development, 
maintenance and distribution of a Regional An imal Health Information System for the 
Pacific Island Countries and its Territories.  
(8) By letters of 31 March 2009 and 30 April 2009, the SPC informed the Commission 
that SPC members that are not members of th e OIE are able to upl oad relevant disease 
information in the OIE World Animal Health Information System in accordance with OIE criteria, as from May 2009.  
(9) It is therefore appropriate to amend Artic le 11(2) of Regulation (EC) No 1251/2008, in 
order to authorise imports of ornamental fi sh which are not of susceptible species to 
any of the diseases listed in Part II of Annex IV to Dire ctive 2006/88/EC, and 
ornamental molluscs and ornamental crusta ceans, intended for closed ornamental 
facilities also from third countries and terr itories that are not members of the OIE but 
have an official agreement with that or ganisation in order to  participate in its 
information network for animal health and aquatic animal health.  
(10) The United States have confirmed that Pu erto Rico, US Virgin Island, American 
Samoa, Guam and Northern Mariana Islands are considered territories of the United 
States and the competent authority of the Un ited States is responsible for notification 
of animal diseases to the OIE.  
(11) Annex III to that Regulation should also be amended accordingly, to include the 
relevant SPC members.  
(12) Pursuant to Council Directiv e 91/67/EEC of 28 January 199 1 concerning the animal 
health conditions governing the placing on the market of aquaculture animals and 
products
3, Member States were to ensure that  imports of aquaculture animals and 
products from third countries were subject to  conditions at least equivalent to those 
applying to the production and placing on the market of Community products.  
                                                 
3  OJ L 46, 19.2.1991, p. 1.  
EN 4   EN (13) While Directive 91/67/EEC was in force, imports from the United States of 
crustaceans for farming, put and take fisherie s, and open ornamental facilities were 
permitted in the Member States. That Directive was repealed and replaced by Directive 2006/88/EC, which harmonised the animal health requirements for such 
imports.  
(14) Article 20(3)(b) of Regulation (EC) No 1251/2008 lays down a transitional period 
during which consignments of crustaceans fo r farming, put and take fisheries, and 
open ornamental facilities may continue to be imported in accordance with the regime 
in place before the entry into force of Directive 2006/88/EC. That transitional period expires on 30 June 2009.  
(15) Therefore, the United States should be included in
 Annex III to Regulation (EC) No 
1251/2008, pending the completion of on-the- spot inspections carried out in 
accordance with  Directive 2006/88/EC in order to ve rify conformity with Community 
aquatic animal health rules.  
(16) Annex III to Regulation (EC) No 1251/2008  should therefore be amended accordingly. 
(17) The measures provided for in this Regulati on are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 1251/2008 is amended as follows: 
(1) In Article 11, paragraph 2 is replaced by the following: "2. Ornamental fish which are not of susceptib le species to any of the diseases listed in 
Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and 
ornamental crustaceans, intended for closed  ornamental facilities, shall only be 
imported into the Community from third countries or territories that: 
(a) are members of the World Organisa tion for Animal Health (OIE); or  
(b) are listed in Annex III and have a form al agreement with the OIE to regularly 
submit information concerning their animal health status to the members of that organisation."  
(2) Annex III is replaced by the text  in the Annex to this Regulation. 
Article 2 
 
This Regulation shall enter into  force on the twentieth day follo wing that of its publication in 
the Official Journal of  the European Union .   
EN 5   EN It shall apply from 1 October 2009. This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 Androulla VASSILIOU  Member of the Commission  
EN 6   EN ANNEX  
"ANNEX III  
List of third countries, territ ories, zones or compartments4  
(referred to in Article  10(1) and Article 11) 
Country/territory Aquaculture Species Zone/Compartment 
ISO-
code  Name  Fish Molluscs Crustaceans Code  Description 
AU Australia X(A)     
BR Brazil X(B)     
CA 0(D) Whole territory 
CA 1(E) British Columbia  
CA 2(E) Alberta  
CA 3(E) Saskatchewan  
CA 4(E) Manitoba  
CA 5(E) New Brunswick  
CA 6(E) Nova Scotia  
CA 7(E) Prince Edward Island  
CA 8(E) Newfoundland and Labrador  
CA 9(E) Yukon  
CA 10(E) Northwest Territories  CA Canada X   
CA 11(E) Nunavut  
CL Chile X(A)    Whole country 
CN China X(B)    Whole country 
CO Colombia X(B)    Whole country 
CG Congo X(B)    Whole country 
CK Cook Islands X(G) X(G) X(G)  Whole country 
HR Croatia X(A)    Whole country 
HK Hong Kong  X(B)    Whole country 
IN India X(C)    Whole country 
ID Indonesia X(A)    Whole country 
IL Israel X(A)    Whole country 
JM Jamaica X(B)    Whole country 
JP Japan X(B)    Whole country 
KI Kiribati  X(G) X(G) X(G)  Whole country 
LK Sri Lanka X(B)    Whole country 
MH Marshall Islands  X(G) X(G) X(G)  Whole country 
MK(F) the former Yugoslav Republic 
of Macedonia X(B)    Whole country 
                                                 
4 According to Article 11 ornamental fish which are not of species susceptible to any of the diseases 
listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental 
crustaceans, intended for closed ornamental facilitie s, may also be imported into the Community from 
third countries or territories that are members of  the World Organisation for Animal health (OIE).  
EN 7   EN MY Malaysia  X(B)    Peninsular, Western Malaysia 
NR  Nauru  X(G) X(G) X(G)  Whole country 
NU Niue X(G) X(G) X(G)  Whole country 
NZ New Zealand X(A)    Whole country 
PF French Polynesia X(G) X(G) X(G)  Whole country 
PG  Papua New Guinea X(G) X(G) X(G)  Whole country 
PN Pitcairn Islands X(G) X(G) X(G)  Whole country 
PW Palau X(G) X(G) X(G)  Whole country 
RU Russia X(A)    Whole country 
SB  Solomon Islands  X(G) X(G) X(G)  Whole country 
SG Singapore X(B)    Whole country 
ZA South Africa X(A)    Whole country 
TW Taiwan X(B)    Whole country 
TH Thailand X(B)    Whole country 
TR Turkey X(A)    Whole country 
TK  Tokelau X(G) X(G) X(G)  Whole country 
TO Tonga X(G) X(G) X(G)  Whole country 
TV Tuvalu  X(G) X(G) X(G)  Whole country 
X  X US 0(D) Whole country 
X   US 1(E) Whole country, except the following 
states: New York, Ohio, Illinois, 
Michigan, Indiana, Wisconsin, 
Minnesota and Pennsylvania 
US 2 Humboldt Bay (California) 
US 3 Netarts Bay (Oregon)  
US 4 Wilapa Bay, Totten Inlet, Oakland 
Bay, Quilcence Bay and Dabob Bay 
(Washington)  US United States(H) 
 X  
US 5 NELHA (Hawaii) 
VN Vietnam X(C)     
WF Wallis and Futuna X(G) X(G) X(G)  Whole country 
WS Samoa X(G) X(G) X(G)  Whole country 
 
(A) Apply to all fish species. 
(B) Apply only to fish species susceptible to Epizootic ul cerative syndrome according to Part II of Annex IV to 
Directive 2006/88/EC intended for closed ornamental  facilities and Cyprinidae .  
(C) Apply only to fish species susceptible to Epizootic ul cerative syndrome according to Part II of Annex IV to 
Directive 2006/88/EC intended for closed ornamental facilities. 
(D) Apply not to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II 
of Annex IV to Directive 2006/88/EC. 
(E) Apply only to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II 
of Annex IV to Directive 2006/88/EC. 
(F) Provisional code that does not prejudice in any way the definitive denomination for this country, which will be 
agreed following the conclusion of the negotiations curren tly taking place on this subject at the United Nations. 
(G) Apply only to imports of ornamental fish which are not of susceptible species to any of the diseases listed in Part 
II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental cr ustaceans, intended for 
closed ornamental facilities. 
(H) For the purposes of this Regulation Un ited States includes Puerto Rico, U.S. Virgin Islands, American Samoa, 
Guam and Northern Mariana Islands. "