. /.  WORLD TRADE  
ORGANIZATION  G/SPS/N/EEC/279 
20 December 2005 
 (05-6200) 
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 Co mmunities. Health & Consumer 
Protection Directorate-General  Directorate E – Food Safety: Plant Health, Animal Health 
and Welfare, International questions  
3. Products covered (provide tariff item number(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):  Ornamental fish (HS 0301.10) or any ot her live fish traded for ornamental 
purposes included those circ ulation under HS headings 0301 (Live fish) or 0106 (Other live 
animals) ICS: 65.150  
4. Regions or countries likely to be affected , to the extent relevant or practicable:  
Albania, Australia, Brazil, Bulgaria, Canada, Chile, People’s Republic of China, Colombia, 
Republic of the Congo, Croatia, Former Y ugoslav Republic of Macedonia, Indonesia, 
Israel, Jamaica, Japan, Malaysia (Peninsula r, Western Malaysia only), New Zealand, 
Russian Federation, Singapore, South Africa, Sri Lanka, Chinese Taipei, Thailand, Turkey, United States  
5. Title, language and number of pa ges of the notified document:  Draft Commission 
Decision of (....) laying down the animal hea lth conditions and certification requirements for 
imports of fish for ornamental pur pose, and amending Decision 2003/858/EC 
(SANCO/10381/2005 Rev 3, 16 pp.)  
6. Description of content:   
(1) The list of countries, authorized by Decision 2003/858/EC to export live fish to the 
EC is supplemented with the countries lis ted in Annex I to this proposal.  
(2) Harmonized the model certificates are set for imports into the EC of ornamental fish 
to be kept permanently in aquaria including   
(a) Fish caught in the wild, imported for the purpose of being u sed as ornamental 
fish;  
(b) Ornamental fish imported by tran sshippers and wholesalers, and  
(c) Ornamental fish imported into pet shops, garden centres, garden ponds, 
exhibition aquaria  and similar businesses.  
(3) When adopted, a transitional period  of time would be provided for the 
implementation of these new im port certification requirements 
Further background 
In document G/SPS/N/EEC/198 (1 May 2003) the EC notified Decision 2003/858/EC of 21 
November 2003 laying down the animal health conditions and certification requirements for G/SPS/N/EEC/279 
Page 2  
 
 imports of live fish, their eggs and gamet es intended for farming, and live fish of 
aquaculture origin and products thereof intended for human consumption.  Annex I to this 
decision sets a list of third countries - or part s thereof -  from which member States are 
authorized to import live fish, their eggs and gametes for farming
 as well as the animal 
health conditions and certification required, ther efore this decision does not apply to tropical 
ornamental fish kept permanently in aquaria .  As a consequence the animal health 
conditions and certification requirements for tropi cal ornamental fish are not harmonised at 
Community level.  
Certain third countries have submitted comment s to the Commission on the application of 
Decision 2003/858/EC to ornamental fish and the necessity to create harmonized trade 
conditions with a view to facilitate  the circ ulation of imported consignments.  Further to 
these comments, the Commission has been info rmed of the existence of a significant 
intercommunity trade of ornamental fish imported from third countries.  
In view of these circumstances, and with a view to facilitate imports and intra-community 
trade, the present Commission’ proposal is s ubmitted for opinion to the Standing Committee 
on the Food Chain and Animal Health.  
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   
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:  Certificates proposed here by are in conformity 
with the Diagnostic Manual fo r Aquatic Animal Diseases of  the World Organization for 
Animal Health (OIE).  
9. Relevant documents and language(s) in which these are available:  When adopted it will 
be published at the Official Journal of the European Union, available at: http://europa.eu.int/eur-l ex/lex/JOYear.do?year=2005
. 
10. Proposed date of adoption:  2006 
11. Proposed date of entry into force:  Six months after the date of  publication in the Official 
Journal  
12. Final date for comments:  Sixty (60) days after the date of notification  
Agency or authority designated to handle co mments:  [ X ] EC notification authority, 
[   ] National enquiry point, or addre ss, fax number and E-mail address (if available) 
of other body:   
13. Texts available from:  [   ] National notification authority, [ X ] EC enquiry point, or 
address, fax number and E-mail address (if available) of other body: