EN    EN  EUROPEAN COMMISSION 
Brussels, 
C(2010) final 
Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 1251/2008 as re gards the period of application of the 
transitional provisions for certain ornament al aquatic animals intended for closed 
ornamental facilities 
(Text with EEA relevance) EN 2   EN Draft 
COMMISSION REGULATION 
of 
amending Regulation (EC) No 1251/2008 as re gards the period of application of the 
transitional provisions for certain ornament al 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 20 06 on animal health 
requirements for aquaculture animals and product s 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 cond itions and certification requirements for 
the placing on the market and the import in to the Community of aquaculture animals 
and products thereof and laying do wn a list of vector species
2 lays down the animal 
health conditions and certification require ments for imports into the Union of 
ornamental aquatic animals intended for closed ornamental facilities. 
(2) Article 11 of Regulation (EC) No 1251/2008 provi des that ornamental fish of species 
susceptible to one or more of the diseases li sted in Part II of Annex IV to Directive 
2006/88/EC and intended for clos ed ornamental facilities ar e only to be imported into 
the Union from third countries, territories, zones or compartments listed in Annex III to that Regulation. Epizootic ulcerative s yndrome (EUS) is liste d in Part II of 
Annex IV to Directive 2006/88/EC as an exo tic disease of certai n 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). 
                                                
 
1 OJ L 328, 24.11.2006, p. 14.  
2 OJ L 337, 16.12.2008, p. 41. EN 3   EN (4) Part II.2 of the model animal health cert ificate 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 requireme nts related to EUS. Article 20(6) of 
that Regulation provides that these requirements shall not ap ply during the transitional 
period referred to above. 
(5) Further studies are needed at present to asse ss 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 application of the transitional measures currently laid down in Article 20(5) and (6) 
of Regulation (EC) No 1251/2008. 
(6) In addition, certain other tran sitional provisions currently laid down in Article 20 of 
that Regulation are no longer applicable. In th e interests of concis eness and clarity of 
Union legislation, it is appropria te to delete those provisions. 
(7) Regulation (EC) No 1251/2008 should therefore be amended accordingly. 
(8) 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 
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 suscep tible to epizootic ulcerative syndrome (EUS) 
intended solely for closed orname ntal facilities from third count ries or territo ries that are 
Members of the World Organisati on 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 fo r closed ornamental facilities.' 
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 importe d into or transite d through the Union. EN 4   EN 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, 
 For the Commission 
 José Manuel BARROSO  The President