COMMISSION REGULATION (EU) No 1143/2010  
of 7 December 2010  
amending Regulation (EC) No 1251/2008 as regards the period of application of the transitional 
provisions for certain ornamental aquatic animals intended for closed ornamental facilities  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
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 17(2), Articles 22 and 25 and Article 61(3) thereof,  
Whereas:  
(1) 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 animal health conditions and 
certification requirements for imports into the Union of 
ornamental aquatic animals intended for closed 
ornamental facilities.  
(2) Article 11 of Regulation (EC) No 1251/2008 provides 
that ornamental fish of species susceptible to one or 
more of the diseases listed in Part II of Annex IV to 
Directive 2006/88/EC and intended for closed orna ­
mental facilities are only to be imported into the 
Union from third countries, territories, zones or 
compartments listed in Annex III to that Regulation. 
Epizootic ulcerative syndrome (EUS) is listed in Part II 
of Annex IV to Directive 2006/88/EC as an exotic disease 
of certain susceptible species of fish.  
(3) Article 20(5) of Regulation (EC) No 1251/2008 provides 
that for a transitional period until 31 December 2010, 
Member States may authorise the import of ornamental 
aquatic animals of species susceptible to EUS intended 
solely for closed ornamental facilities from third 
countries or territories that are members of the World 
Organisation for Animal Health (OIE).  
(4) Part II.2 of the model animal health certificate applicable 
to ornamental aquatic animals intended for closed 
facilities set out in Part B of Annex IV to Regulation 
(EC) No 1251/2008 sets out certain import requirements related to EUS. The second sub-paragraph of 
Article 20(5) of that Regulation provides that these 
requirements shall not apply during the transitional 
period referred to above.  
(5) Further studies are needed at present to assess more 
precisely the risks associated with the import into the 
Union of such ornamental aquatic animals. In order 
not to disrupt trade in those animals, it is appropriate 
to prolong until 31 December 2012 the period of appli ­
cation of the transitional measures currently laid down in 
Article 20(5) of Regulation (EC) No 1251/2008.  
(6) In addition, certain other transitional provisions currently 
laid down in Article 20 of that Regulation are no longer 
applicable. In the interests of conciseness and clarity of 
Union legislation, it is appropriate to delete those 
provisions.  
(7) Regulation (EC) No 1251/2008 should therefore be 
amended accordingly.  
(8) The measures provided for in this Regulation are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Article 20 of Regulation (EC) No 1251/2008 is replaced by the 
following:  
‘Article 20  
For a transitional period until 31 December 2012, Member 
States may authorise the import of ornamental aquatic 
animals of species susceptible to epizootic ulcerative 
syndrome (EUS) intended solely for closed ornamental 
facilities from third countries or territories that are 
Members of the World Organisation for Animal Health (OIE).  
During that transitional period, the requirements concerning 
EUS set out in Part II.2 of the model animal health certificate 
set out in Part B of Annex IV, shall not apply to ornamental 
aquatic animals intended solely for closed ornamental 
facilities.’EN L 322/22 Official Journal of the European Union 8.12.2010  
( 1 ) OJ L 328, 24.11.2006, p. 14.  
( 2 ) OJ L 337, 16.12.2008, p. 41.Article 2  
In note (3) to Part II.2 of the model animal health certificate set 
out in Part B of Annex IV, the date ‘1 January 2011’ is replaced 
by ‘1 January 2013’.  
For a transitional period until 31 December 2012, 
consignments of ornamental aquatic animals accompanied by 
animal health certificates issued in accordance with Part B of 
Annex IV to Regulation (EC) No 1251/2008 before the amendments introduced by the present Regulation, may 
continue to be imported into or transited through the Union.  
Article 3  
This Regulation shall enter into force on the third day following 
that of its publication in the  Official journal of the European 
Union . 
It shall apply from 1 January 2011.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 7 December 2010.  
For the Commission  
The President  
José Manuel BARROSOEN 8.12.2010 Official Journal of the European Union L 322/23