WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/325 
3 March 2008  
 (08-0936) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
NOTIFICATION 
 
1. Member to Agreement notifying:  EUROPEAN COMMUNITIES
  
If applicable, name of local government involved:     
2. Agency responsible:  Commission of the European Communities. Health & Consumer 
Protection Directorate-General  Directorate D – Animal Health and Welfare 
3. Products covered (provide tariff item numb er(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where applicable):  Aquaculture animals (fish, molluscs a nd crustaceans) including ornamental 
aquatic animals.  HS Codes 0301, 0306, 0307, 0301.10, 0302.70 
4. Regions or countries likely to be affected, to the extent relevant or practicable :  
Member States of the Europ ean Communities (EC) and third countries from which imports 
into the Community of certain fresh meat is authorised 
5. Title, language and number of pa ges of the notified document:  Draft Commission 
Regulation on certain animal health requireme nts for placing on the market and import of 
aquaculture animals and products thereof  (document SANCO/10576/2006 Rev.7, available 
in English, 37 pages) 
http://members.wto.org/crnatt achments/2008/sps/EEC/08_0615_00_e.pdf  
6. Description of content:  The draft Commission Regulation (Chapter III and Annexes II and 
III) lays down the animal health conditions fo r imports into the Community of aquaculture 
animals (fish, mollusc and crustaceans, includi ng those for ornamental purposes) and products 
thereof.  The requirements include:  
• Listing the third countries, zones or comp artments aquaculture animals and products 
thereof may be imported into the Community.  These countries are listed in Annex II 
to the proposal.  In the case of imports of ornamental fish which are not susceptible to 
any of the diseases listed in Directive 2006/88/EC, ornamental mollusc or ornamental 
crustaceans destined for closed ornamental facilities, all countri es being members of 
the OIE shall be authorised to export to the Community. 
• Specific conditions for the import of aq uaculture animals intended for farming, 
relaying, put and take fisheries and open and closed ornamental facilities. 
• Specific conditions for the imports of aqu aculture animals and products thereof for 
human consumption.  It should be highlight ed that the animal health certificates 
applicable to fishery products and li ve bivalve mollusc intended for human 
consumption are laid down in a differen t legal text (Draft Commission Regulation 
amending Commission Regulation No (EC) 2074/2005 as regards the animal health 
certification requirements for import of fi sh, molluscs and crustaceans intended for 
human consumption, Doc SANCO/10091/2007 Rev.4) which is subjected to a 
different notification. G/SPS/N/EEC/325 
Page 2  
 
   • Annex II lays down the list of Countries, territories or compartments from which 
import of aquaculture animals intended for farming, put and take  fisheries and open 
ornamental faciliti es, and ornamental fish susceptible to one or more of the diseases 
listed in Annex IV to council Directive 2006/88/EC destined for closed ornamental 
facilities is permitted. 
• Annex III, Part A lays down the model animal  health certificate for the import into 
the European Community of aquaculture anim als for farming, rela ying, put and take 
fisheries and open and closed  ornamental facilities. 
The certificate notified hereby repeals t hose under Commission Decision 2003/804/EC 
(OJ L 302 of 20 November 2003, page 22), Commission Decision 2003/858/EC (OJ L 324 of 
11 December 2003, page 37), Commissi on Decision 2006/656/EC (OJ L 271 of 
30 September 2006, page 71, notified in G/SPS/N/EEC/279/Add.2, 14 November 2006). 
The draft Commission Regulation puts together in a single act the certificates laid down in 
accordance with the above-mentioned legal acts.  Those animal health certificates were applicable to: 
• The imports of live mollusc, eggs and ga metes for further growth, fattening or 
relaying (Decision 2003/804/EC); 
• The imports of live fish, their eggs or  gametes intended for farming (Decision 
2003/858/EC);  and 
• The imports of fish for ornament al purpose (Decision 2006/656/EC). 
In addition to the commodities described above,  the certificate laid down in the draft 
Commission Regulation establishes for the firs t time harmonised animal  requirements for: 
• The imports of live crustaceans in tended for further farming;  and 
• The imports of ornamental mollu scs and ornamental crustaceans. 
The draft Commission Regulation aligns the impo rts requirements with those laid down in the 
new regulatory EU framework on aquatic anim al health (Council Directive 2006/88/EC on 
animal requirements for aquaculture animals and products thereof, and on the prevention and 
control of certain diseases in  aquatic animals (OJ L 328 of 24 November 2006, page 14).  The 
most relevant innovations of such Di rective related to the imports are: 
• A new list of diseases to be controlled;  and 
• New and more flexible rules for the introduc tion of aquaculture animals in officially 
free disease areas with regard to the listed diseases. 
The proposal complies with the OIE standards related to international trade. 
7. Objective and rationale:  [   ] food safety, [ X ] animal health,  [   ] plant protection, [  
 ] protect humans from animal/plant pest or disease,  [   ] protect territory from other 
damage from pests  To lay down animal health require ments for imports of aquaculture 
animals, including ornamental aquatic animals in accordance with the provisions of Council 
Directive 2006/88/EC on animal requirements for aquaculture animals and products thereof, 
and on the prevention and control of ce rtain diseases in aquatic animals.   G/SPS/N/EEC/325 
 Page 3 
 
 
  8. International standard, guideline or recommendation:  
[   ] Codex Alimentarius Commission, [ X ] World Organization for Animal Health 
(OIE), [   ] International Plant Protection Convention, [   ] None  
If an international standard, guideline or recommendation exists, give the appropriate 
reference and briefly identify deviations:  This certificate follows the principles of the OIE 
Aquatic Animal Health Code. 
9. Relevant documents and langu age(s) in which these are available:    
Relevant to the draft notified hereby is:  
Council Directive 2006/88/EC on animal requireme nts for aquaculture animals and products 
thereof, and on the prevention and control of certain diseases in aquatic animals. 
English:  
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ :L:2006:328:0014:0056:EN:PDF   
French: 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ:L:2006:328:0014:0056:FR:PDF   
Spanish: 
http://eur-lex.europa.eu/LexUriServ/L exUriServ.do?uri=OJ:L:2006:328:0014:0056:ES:PDF   
More information on Import conditions can be obtained from  
• SANCO Web page http://ec.europa.eu/food/international/trade/index_en.htm  
• The Export Helpdesk.  An on line service of the European Commission, to provide 
relevant information required by devel oping countries exporters interested in 
supplying the EU market, available from following link:  http://exporthelp.europa.eu/  
10. Proposed date of adoption:  As soon as possible 
11. Proposed date of entry into force:  The expected date is 1 August 2008. 
Note:  To avoid any disruption of trade, consignm ents for which a certificate have been issued 
in accordance with Decision 2003/804/EC, 2003/858/EC or2006/656/EC  may be imported 
into or transited through the Community until 1 December 2008.  
12. Final date for comments:  Comments on errors in countries or territory designations, 
commodity designations, etc. w ould be welcomed anytime. 
Agency or authority designated to handle comments:  [ X ] National notification 
authority, [   ] National enquiry point, or address, fax number and E-mail address (if 
available) of other body: 
13. Texts available from:  [   ] National notifica tion authority, [ X ] National enquiry point, 
or address, fax number and E-mail address (if available) of other body: 
E-mail:  sps@ec.europa.eu